In view of combined provisions of Articles 14 and 18 of the Treaty establishing the Organization for Harmonization of Business Law in Africa, “OHADA”, the Common Court of Justice and Arbitration, “CCJA”, will decline its jurisdiction to rule on the decisions applying criminal sanctions without it being necessary to decide on the other conditions of admissibility enacted by the same article. This is apparent from judgment No. 003/2018 delivered on 11 January 2018 by the High Community Court.
Indeed, the applicant, Mr. A. Poussy, was sued by direct summons before the Magistrate Court of Kinshasa / Gombe for forgery and use of forgery relating to corporate documents including the minutes of a general meeting.
By judgment No. RP 20723 / I of 18 May 2010, the said court found him guilty and imposed criminal sanctions against him. On appeal, the High Court of Kinshasa / Gombe, following its judgment under RPA 18292 of 24 February 2011, partially confirmed the decision of the first judge.
Mr A. Poussy then lodged an appeal on points of law before the Supreme Court of Justice, which delivered the judgment of dismissal No. RP 3674 of 19 May 2014. On a second appeal by the same appellant, the said Court declared itself incompetent by judgment No. RP 093 / TSR / RP / C / 003 / CSJ / CC of 13 May 2015. It is against these two judgments of the Supreme Court of Justice of the Democratic Republic of Congo that MA Poussy brought an action for annulment before the CCJA by request dated July 10, 2015.
Deciding on the admissibility of the action for annulment, CCJA has declined jurisdiction to rule on decisions applying criminal sanctions.
By Trésor Ilunga