Some believe that the Head of Government, Sylvestre Ilunga Ilunkamba, has been rolled on the flour. How can he say he was surprised by the flooding of presidential orders, 150 in total, read for more than four hours on the RTNC by the Deputy Spokesman of the President of the Republic, Tina Salama, on Friday, July 17? In his statement released on July 21, the Prime Minister offered to meet with the President of the Republic to “clarify this worrying situation” but without success. A group of Independent Experts thinks that Félix Tshisekedi would be suffering from “Anti-constitutionalism Syndrome” because his unconstitutional ordinances are proof of a chronic, permanent and systematic state of mind, on the part of the President of the Republic, state of mind which wants to give itself primacy over the letter and the spirit of the Constitution, in order to exercise prerogatives that it does not give it.
Let’s replant the decor. Alongside his counterpart from Congo-Brazzaville, Félix Tshisekedi gave a reassuring and soothing speech at the end of his visit from July 15 to 16, 2020. The President of the Republic returned to Kinshasa on Thursday, July 16 and the same day, in in the evening, he sends Sylvestre Ilunga on a two-day mission to Lubumbashi in the province of Haut-Katanga. The Head of Government had therefore left Kinshasa on the instructions of the President of the Republic. The same is true of the Minister of National Defense, Aimé Ngoy Mukena, who was part of the delegation. The latter is the official spokesperson for the Superior Council of Defense. It should be noted that Ilunga Ilunkamba and Ngoy Mukena come from the same political family: the Front Commun pour le Congo (FCC).
Before leaving the capital, Sylvestre Ilunga, like an old wolf, circumscribed the interim he conferred on the Deputy Prime Minister of the Interior, Security and Customary Affairs, Gilbert Kankonde Malamba, as follows: “Ensure that any mail intended for the Prime Minister is received at his Cabinet before any orientation; Join him if necessary ”. On Friday, July 17, a shower of presidential orders countersigned by the VPM Gilbert Kankonde on appointments in the army, the judiciary as well as two public establishments is disclosed on the National Radio-Television. The Prime Minister and his delegation return to Kinshasa on Sunday July 19 in progress. In a solemn declaration, Sylvestre Ilunga informed national and international opinion that he has never been involved, directly or indirectly, in the preparation of these appointments and put in place in the judiciary, in the Armed forces and others.
On the same Tuesday, July 21, the FCC issued a statement read by National Deputy Willy Makiashi in which this political grouping dear to Joseph Kabila vigorously denounces the following: “The violation of the inviolability of the Seat of the Constitutional Court by agents of the ‘ANR; the absence of the proposals of the Superior Council of Magistracy; the lack of advice from the Superior Defense Council; the absence of the Government’s proposals deliberated in the Council of Ministers; the intentional and recurrent violations of the Constitution and the Laws of the Republic by the President of the Republic, and, ultimately, a dictatorial drift of sad memory with incalculable consequences ”.
Do the facts prove them right? Yes at first glance. Félix Tshisekedi and Gilbert Kankonde are both from the Union for Democracy and Social Progress (UDPS), the current presidential party. The interim took care to keep its boss, the Prime Minister, in total ignorance of such an undertaking.
In the opinion of specialists in the field, these ordinances violate article 82 of the Constitution which provides: “The President of the Republic appoints, relieves of their functions and, if necessary, dismisses, by ordinance, the magistrates of the seat. and the prosecution, on the proposal of the Superior Council of Magistracy ”. However, this Superior Council of the Magistracy, of which the President of the Constitutional Court, the First President of the Court of Cassation, the First President of the Council of State, the First President of the High Military Court, belong in particular, does not has never met since the advent of the new President of the Republic on January 24, 2019, the date of his inauguration.
To date, none of the aforementioned members by the Constitution, in its article 152, can give the Agenda, the date or the period, the hour, the place of the meeting, as well as the list of participants, and even less, produce the minutes of any General Assembly of the Superior Council of Magistracy held or organized in DR Congo, by a single competent authority, since the advent of the new Head of State. To refer falsely to such a body which has never met is, nothing more and no less, than false in writings and uses of forgery.
According to the Independent Experts group, Félix Tshisekedi resorted to malice and cunning by dispatching his Prime Minister to Lubumbashi, away from Kinshasa, seat of the institutions, to find a pretext for an imaginary impediment.
Concerning general and senior officers of the armed forces, these ordinances also violated article 81 of the Constitution because they were signed and published without proposals from the Government, or deliberations in the Council of Ministers, without the Superior Council of Defense to which the Prime Minister part was heard. No minutes establish it. Also, it appears clearly that the President of the Republic has made a passage in force.
What to do then in this case? Are these orders to be considered null and void because “fraud corrupts everything” as a principle of law indicates? As the analyst Jacques Tshimbombo Mukuna recommends, in a state of law, disputes cannot be settled by the mechanism of (political) dialogue, let alone be resolved by the call of the population in the street, but must be resolved. be before the competent courts.
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