THE PEACE COURT OF KINSHASA N'DJILI IS SITTING THERE AND SITTING IN

CIVIL AND GRACIOUS MATTERS RENDERED THE FOLLOWING JUDGMENT:

*********************************

RPG 8596 FIRST SHEET

TWENTY-THOUSAND-TWENTY-------------------------------

IN QUESTION: Mr KALONGA MWATSHI Amand, residing on Kiala Avenue n°19,

District of Lokari in the Municipality of Masina in Kinshasa;………………..

= REQUESTOR=

By its request of 17 August 2020 addressed to the President of this jurisdiction in the
following terms: ………

Kinshasa, 17/08/2020

To the President of the Kinshasa/N'djili

Peace Tribunal
in Kinshasa/N'djili

"Subject: Application for a supplementary judgment

of birth certificate

"Madam President,

"It is my honour to come to your authority, to ask for the object I have mentioned above
in my favour;…………………..

"I was born in Kinshasa on 15/03/2002 from the union of Mr KALONGA KONGOLO
Serge and Mrs KASONGO OWALE Henriette; that at the time of this birth the parents'
residence was on Kiala n°19, Lokari district in the municipality of
Masina.------------------------------------------------------------------------------------------------

"that by ignorance of the law, this birth was never declared before the competent civil
status officer. ------------------------------------------------------------------------------------
With that, in order to make up for this defect, I ask you to believe, Madam President, in
the assurance of my perfect consideration.
---------------------------------------------------------------

The applicant
Se/KALONGA MWATSHI Amand
"==================================================================

The regular case thus inscribed on the civil and gracious roll of the Court of Caeans
under RPG 8596, was fixed and called at the public hearing of 20/08/2020 during which
the applicant appeared in person not assisted by counsel and the Court declared itself
seized upon
application;---------------------------------------------------------------------------------------------

Based on the hearing of the case at this hearing;……………………………………………

Yes, the applicant in his oral submissions is pleased to grant the full benefit of his
motion to institute proceedings;…………………………………

RPG 8596 SECOND LEAFLET

The Public Prosecutor, represented by Mr VAMPEKE MBOUCHON, Deputy Prosecutor

at the Kinshasa/N'djili Peace Court, hereby declares that the Court should grant the
application under review;
………………………………………………………………………………………………………
…………………………………………………………………………

With this, the Tribunal declared the proceedings closed, took the case under advisement
and at the hearing of 20/08/2020 publicly pronounced the following judgment:
…………………………………..

=/=JUDGMENT=/=

Whereas, by his request of 17/08/2020 addressed to the President of the

Kinshasa/N'djili Peace Tribunal, Mr KALONGA MWATSHI Amand, residing on Kiala
Avenue n°19, Lokari district in the municipality of Masina, apply to the Court of First
Instance for a suppletive judgment on a birth certificate in his
favour;----------------------------------------

That by the procedure followed is due;--------------------------------------------------------

Whereas it appears from the terms of the motion and from the evidence gathered at the
hearing that the so-called KALONGA MWATSHI Amand was born in Kinshasa on
15/03/2002, from the union of Mr KALONGA KONGOLO Serge and Mrs KASONGO
OWALE Henriette; at the time of birth, the parents resided on Kiala Avenue #19, Lokari
district in the Masina Municipality in Kinshasa;-----------------------------------------
Whereas, in law, Article 106 of the Family Code provides that the default of an act of civil
status may be supplemented by a judgment rendered by the Court of Peace or for
Children as the case may be, on simple application submitted to the Tribunal of the
place where the act should have been drawn
up;----------------------------------------------------------------------------------------------

Whereas in law, Article 116 of the same Code specifies that any birth occurring in the
territory of the Republic must be declared to the Civil Registry Officer of the place of
residence of the father or mother within ninety days following the birth;

That, in the case under examination, the Court of First Instance notes that the named
KALONGA MWATSHI Amand was born in Kinshasa on 15/03/2002, of the union of Mr
KALONGA KONGOLO Serge and Mrs KASONGO OWALE Henriette; at the time of
birth, the parents resided on Kiala Avenue #19, Lokari district in the Masina Municipality
in Kinshasa;-----------------------------------------

That from the foregoing, the Peace Tribunal shall receive the motion of Mr KALONGA
MWATSHI Amand and declare it founded;-----------------------------------------------------

That he will also say that the provisions of this judgment will be transcribed on the
registry of the Masina municipality.---------------------------------------------------------------

***//***
RPG 8596 THIRD SHEET

ON THOSE GROUNDS

The Tribunal, ---------------------------------------------------------------------------------

Publicly and on request;…………………………………………………..

Having regard to Organic Law No. 13/011-B of 11 April 2013 on the

organization, functioning and jurisdiction of the courts of the judicial order; -------------------

Having regard to the Code of Civil Procedure; --------------------------------------

Having regard to Law No. 016/008 of 15 July 2016 amending and

supplementing Law No. 87-010 of 1st August 1987 on the Family Code especially in its
articles 106, paragraph 1 and 116, paragraph 1; -----------------------------------------------------

The Public Prosecutor heard: -------------------------------------------------

Receives the request and says it is founded; ---------------------------------------

Says that Mr KALONGA MWATSHI Amand was born in Kinshasa, on

15/03/2002, of the union of Mr KALONGA KONGOLO Serge and Mrs KASONGO
OWALE Henriette; that at the time of birth the parents resided on Kiala Avenue n°19,
Lokari district in the municipality of Masina in Kinshasa;-------------

Orders the Civil Registry Officer of the Municipality of Masina to transcribe

the operative part of this judgment in the register relating thereto and to draw up the
birth certificate in favour of the person concerned;
---------------------------------------------------------

Charges the applicant with the costs of this proceeding; --------------------

Thus tried and pronounced by the Kinshasa/N'djili Peace Tribunal at its

public hearing on 20/08/2020 at which Magistrate MULANDU MBEMBA, President of the
Chamber, with the assistance of Mr VAMPEKE MBOUCHON, sat, Public Prosecutor’s
Officer and assistance of NSONA Euphrasia, Registrar of Headquarters. -----

The Registrar The President of the Chamber

Signed Signed

To copy, certified true

Kinshasa, the 20/08/2020
The Titular Registrar
MBIYAVANGA KIMBUETE Elisabeth.
Democratic Republic of Congo
JUDICIAL POWER

Kinshasa/N'DJILI Peace Court

SERVICE OF A JUDGMENT

In the year two thousand and twenty, on the 20th day of August;
At the request of Mr KALONGA MWATSHI Amand, residing on the avenue Kiala
n°19, District LOKARI in the Municipality of Masina in Kinshasa;

I, the undersigned Junior MWANANZILA Judicial Officer of the High Court of

Kinshasa/N'djili;
MEANT TO:
- Mr Head of the Public Prosecutor’s Office at the Kinshasa/N'djili Peace
Tribunal;
- The civil status officer of the Municipality of Masina in Kinshasa;
The consistent dispatch of the judgment rendered by the Kinshasa/N'djili
Peace Tribunal dated 20/08/2020 sitting there and sitting in civil and gracious
matters under the RPG 8596;
Declaring that this service is for information and direction for such legal
purposes;
And so that the signified do not claim ignorance, I have left them a copy of
my present feat, and that of the correct expedition of the aforementioned
judgment;
1) Being in: its Office
And speaking to: Mr KAKHUBA MAFUTA, Secretary, Thus stated;
2) Being in: its Office
And speaking to: Mrs MUSANDA-Félicité, civil servant;
So stated
Of which act cost…… Congolese franc The
Bailiff
For reception
KAKHUBA MAFUTA
Democratic Republic of Congo
JUDICIAL POWER

High Court of Kinshasa/N'djili

“Office of the Divisional”

CERTIFICATE OF NON CALL N° 1219/CAB-DIV/TGI-NDJ/2020

I, MUTEBA NGOY François, Divisional Registrar of the High Court of

Kinshasa/N'djili, certify that on the date of issue of this certificate, an appeal has not
been filed against the judgment issued publicly on motion against the applicant
Mr KALONGA MWATSHI Amand, by the Kinshasa/N'Djili Peace Tribunal, dated
20/08/2020, sitting in civil proceedings and gracious in the first degree under RPG 8596;

In question: Miss KALONGA MWATSHI Amand, residing on Kiala Avenue n°19, Lokari
district in the Municipality of Masina in Kinshasa;

This judgment was served on the Prosecutor at the Court of Peace of

Kinshasa/N'djili and the Civil Registry Officer of the Municipality of Masina by the
Ministry of the Judicial Officer, Junior MWANANZILA, of the High Court of
Kinshasa/N'djili, on 20/08/2020.

Done at Kinshasa, on 20/11/2020

The Divisional Registrar

MUTEBA NGOY François

Head of Division