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Emery Mukendi Wafwana admitted as an Advocate to the DRC Supreme Court of Justice

EMW3_SermentFollowing Decision n° 04/CO/BCSJ/ADM/16 of 8th April 2016 of the Bar Council of the Supreme Court of Justice, Counsel Emery Mukendi Wafwana was admitted to and registered with the Roll of Advocates of the Supreme Court of Justice. On this 22nd April 2016, he was sworn in at the Supreme Court of Justice.

Counsel Emery Mukendi Wafwana’s admission to the Supreme Court enhances our firm’s ability to better represent clients in legal cassation proceedings as regards private law (civil, criminal, commercial) as well as in special proceedings in the Court of Cassation, to wit: actions against judges, referral of matters to appropriate courts, judicial review, as well as representing accused persons under article 153, paragraph 3 of the Constitution. The same applies to administrative cassation matters before the Council of State whose role is still exercised by the Supreme Court of justice.

From 1969 to its enactment in 2006, the Supreme Court of Justice was the one and only High Court of the Democratic Republic of the Congo, exercising the role of the Constitutional Court, of the Council of State and of the Court of Cassation. In accordance with the transitional provisions of the Constitution, the Supreme Court of Justice temporarily exercises the powers and duties of the Court of Cassation and of the Council of State, before the actual establishment of these courts. The Constitutional Court has already resumed its duties since its actual establishment in 2014.

Before being admitted to the roll of advocates of the Supreme Court of Justice, Counsel Emery Mukendi Wafwana was successively Defence counsel at the High Court within the jurisdiction of the Court of Appeal of Kinshasa (1992), Advocate at the Court of Appeal of Kinshasa (1995) and Advocate of the Court of Appeal of Lubumbashi (2010). He is a Legal Consultant, admitted to practice law in the State of New York in the United States of America since 2010.

To conclude, the Bar Council of the Advocates of the Supreme Court of Justice has admitted 4 other advocates at its meeting held on 8th April 2016. These are: Counsels Nyabirungu, Vincent Kangulumba, Pholo Kaluba Diba, Falaki Waluyindi who were also sworn in at the same Court, on this same day.  Thus, these make up the full list of 21 active advocates registered on the roll of advocates of the Supreme Court of Justice out of the 10.000 advocates that form the 12 Legal Bars of the Court of Appel in the Democratic Republic of du Congo.

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