African Human Rights CLA 2.0

Communication 302/05 - Mr Mamboleo M. Itundamilamba v. Democratic Republic of Congo Summary of the Complaint 1. On 20 April 2005, the Secretariat of the African Commission on Human and Peoples’ Rights received from Mr Mamboleo Mughuba Itundamilamba, a Congolese citizen, a Communication submitted in accordance with Articles 55 and 56 of the African Charter on Human and Peoples’ Rights (the African Charter). 2. The Communication was submitted against the Democratic Republic of Congo (State Party to the African Charter and hereafter referred to as the DRC).1 3. The Complainant has been a member of the National Bar Association since 12 October 1965 and is a member of the Bar of the Bukavu Court of Appeal. 4. The Complainant alleges to have unsuccessfully sought from the Pharmakina Company, a public limited company, the payment of fees for services rendered in connection with the retrocession from the estate of the latter of several cinchona plantations that had, at the time, been transferred to Congolese nationals pursuant to presidential decisions of November 1973. Pharmakina Company acknowledges to have been rendered the said services, but alleges on the contrary to have already settled the Complainant’s fees. 5. The Complainant further states that after the failure of negotiations for an amicable settlement, he brought the dispute before the Bar Council in Bukavu and to the National Bar Council in Kinshasa. The latter body rendered Arbitral Award No. 98/CNO/LH/006 of 1 April 1998 ordering Pharmakina Company to pay the Complainant the sum of 500,000 (five hundred thousand) U.S. dollars. 6. The Complainant further alleges that Pharmakina Company lodged an appeal for an annulment of the award with the Administrative Chamber of the Supreme Court of the DRC which, by Judgement No. 444/445/452 RA 2000 of 17 April 2000, annulled the above-mentioned Decision No. 98/CNO/LH/006 handed down by the National Bar Council. 7. The President of the Bar Association instituted third-party proceedings (filed under No. RA/667/2001), on behalf of the Complainant, before the 1 The Democratic Republic of Congo ratified the African Charter on 20 July 1987.