Council of State: review of a cabinet firm’s appeal against DRC regarding a contract

Kinshasa, Nov. 4th, 2026 (CPA).- The Council of State of the Democratic Republic of the Congo (DRC) has reviewed, on Wednesday, a firm’s appeal against the Congolese State on a matter concerning a subscription contract, payment for which has been blocked by the General Inspection of Finance (IGF), during a hearing in Kinshasa. “The Mpukuta cabinet firm has signed a subscription contract with the Mining Fund for Future Generations (FMGF), in return for services to be paid for by this public body. However, a note from the IGF has prohibited the FMGF’s management from making the payment. This infringes upon the right to life, the right to a salary and the right to property, in breach of the conventions and rights guaranteed to Mr Mpukuta,”his legal team have argued. They have estimated that, by implementing the contents of this letter, the IGF has set itself up as a judge, prohibiting, without valid grounds, the payment of the firm’s expense claim. To this end, they have requested that this measure be lifted so that their client’s rights may be restored. For its part, the defendant, DRC, has argued that the IGF’s note does not deprive Mr Mpukuta of his rights, as it is merely correspondence between departments. “The note in question does not deprive Mr Mpukuta of his rights. It is correspondence between departments. The application is inadmissible and, moreover, unfounded,” Mr Pitshou Montu, counsel for the State has argued. He has also highlighted that the applicant is at fault for having signed the subscription contract between the firm and the FMGF, whilst the firm does not have a legal personality, arguing that this contract should instead have been signed by the lawyer with the other party. At the conclusion of the proceedings, Judge Sibu, sitting alone in this panel, has reserved judgement on the case. The Council of State will rule on the admissibility and the substance of the appeal lodged by Mr Mpukuta.