On Tuesday, February 20, 2024, we reflected aloud on the damage caused by the outgoing ESU Minister, Honorable Muhindo Nzangi and expressed the wish to see a Professor be appointed supervisory Minister of the next government. Because, since careerists and businessmen manage this prestigious Ministry where the members are scholars, the reason which founds a state is regularly and intentionally sacrificed on the altar of anarchy.
In this same post, we reported that under his mandate, deaths are often named and promised based on administratively non-rational considerations. Were we saying inconsistencies? Could Dr Vital Kamerhe be one of the dead (professionals) named?
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Greatness, texts and procedure
Historically, Vital Kamerhe obtained his doctorate on Thursday June 29, 2023 in economic sciences and development at Hellenic American University in Athens, Greece after having integrated all the observations of the jury of his thesis during the public defense of his thesis on October 4, 2019 on there ” Political rhetoric, good governance and sustainable development”.
The latter was assistant at Unikin and lecturer at UPN from 1987 to 1995. If his assistant mandate was never terminated and he would have renewed it several times (in violation of the legal and regulatory texts which govern the ‘ESU), sa appointment as Associate Professor February 17, 2024 is irregular.
If he was still an Assistant (tenth term), he would have to pass a mandatory probationary period (which begins with an official decision from the Head of the Commissioning Establishment on the basis of an hourly charge assigned to him by the Council of the home Faculty and recorded in the Minutes sent to the Head of the Establishment after the Council meeting.
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Application Requirements
In accordance with articles 29 and 104 of the Law on the Staff Status of ESURS, it is obligatory for the candidate Associate Professor who was not appointed before the defense of the thesis to the rank of Head of Work to pass Nine months of probationary period and to participate, at least, at a university seminar . Article 104 also emphasizes The report of the probationary period by the Dean/Head of section on advice of the Council . To these conditions, we can add that relating to obtaining a TRUE Foreign diploma equivalence order.
For the file of Dr Vital Kamerhe who received his PhD in Greece, the procedure is without exception.
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Examination of the application file
If, from 1985 to 2024, Dr Vital Kamerhe was an assistant, a member of the Scientific Staff of the University of Kinshasa, he would be registered and recognized as a State Agent working in the ESU sub-sector.
Curiously, in the act appointing him Associate Professor, the Congolese economist of the rherotics of Congolese languages applied in Economic Sciences, is however without a registration number. There arises a serious problem of his seniority in higher and university education in general and at UNIKIN in particular. And moreover, during the examination of promotion requests at the session of the Board of Directors, the files of candidates who do not have a Service number always, by principle and always, require a reserved opinion . In the offices of Heads of Establishment we will find an abundant jurisprudence consequent.
To be appointed to the academic grade, the decision-making authority exclusively reserved to the Board of Directors on the proposal of the Establishment Council and with the opinion respectively of the Faculty Council/Section and the Management Committee is required.
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An incomplete and non-compliant file
In view of the current file of the President of the UNC and the author of the work Why I chose Joseph Kabila ; if he has always been an Assistant, then he has served more than 10 mandates; if it was regularly put into service for a probationary period of 9 months, then this is still ongoing provided that July 2023 is its terminus.
By reading the online media yesterday night (Info.cd), the investigative journalist reported that Dr Vital Kamerhe would be appointed by Order 134 of 03.17.2024 without, by virtue of the principle of subsidiarity, UNIKIN having transmitted his file to the Board of Directors of Universities.
This fact would be confirmed by the reaction of great astonishment and deep disappointment of many Professors of the inspired Hill. Some journalists and Professors of UNIKIN would even affirm that at the CAU, the former Director of Cabinet of the President of the Republic and the man of the 100 day project would have no file.
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Within the competence of the Minister of ESU
In accordance with articles 4, 6 and 7 of Order No. 16/071 of 09.29.2016 on the organization and functioning of the bodies of the ESU, the Minister of the ESU exercises his powers in accordance with the provisions of this Order. He exercises it either by means of prior authorization, or by means of approval, or by way of opposition. It only acts after having received “the minutes of the deliberations of the Boards of Directors and the Councils of the Establishment as well as copies of the decisions of the Rectors and/or Directors General. He objects within 30 days to the execution of any deliberation or decision of the Board of Directors which he deems inappropriate, contrary to the Law and/or public order or even to the particular interest of the Board of Directors. University, Higher Institute or Higher School (…). Approval (…) is deemed to have been acquired when no decision has been taken within 30 days of its submission.”
The supervising Minister does not have the right to appoint to the rank of Associate Professor the person whose file has not been processed in and/or by the decision-making bodies (Board of Directors, School Board and Head of School). ). This is the will of the Congolese legislator (Cf. Articles 17&7, 22, 34&10 and 43). Except for the taste for anarchy, the supervisory Minister does not have extensive power
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Proposed conclusions
If Dr. Vital Kamerhe does not have a file requesting appointment to the rank of regular Associate Professor (Decision of commissioning, hourly load, Report on closing of the probationary period, Certificate of end of the probationary period, the minutes of the Department and Faculty Councils, the minutes of the Management Committee, the minutes of the Establishment Council, the letter of transmission of the file to the Board of Directors by the Head of the Establishment/Rector, the official act of convocation of the session of the CAU and the Decision of the CAU of his appointment/promotion as PA) AM 134 of 02.17.2024 is taken in an irregular situation and therefore does not give the alleged nominee the status of Associate Professor: “The title of Professor in an establishment of higher and university education may only be held by the person regularly appointed Full Professor, Professor and Associate Professor. Anyone who falsely claims to be a Professor incurs the penalties provided for by the criminal code in this area (Article 105 of Law No. 18/038 of 12/29/2018 establishing the status of ESURES Staff).
For the honor and brand image of ESU and UNIKIN, APIKIN is entitled to petition the Council of State for the annulment of AM 134 of 02.17.2024.
For some time now, politicians have been keen to become PhDs and Professors at all costs. It is their legitimate right. Unfortunately, experience has shown that they often do not have the material time to write good theses and later to teach.
While they want to become members of the prestigious profession of teaching at universities and to carry the venerable quality of Professor coupled with the prestigious title of PhD, politicians do not care about improving the living conditions of their peers.
My belief is based on a debate raised by Plato. Because, as long as philosophers are not kings in cities or as long as those we call today kings and sovereigns are not truly philosophers… there will be no end to the evils of cities, there will be no end to damage in the ESU sub-sector.
“ Unless philosophers succeed in reigning in the cities, or unless those who are now called kings and dynasts philosophize in an authentic and satisfactory manner and one comes to coincide with the other political power and philosophy; unless the numerous naturals of those who now turn separately towards one and the other are forcibly prevented from doing so, there will be no end to the evils of the cities nor to those of the human race (Plato, The Republic ).
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Prof. Loando Names Giscard
2024-02-28 17:36:36
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