The civic disobedience of the UDPS and the wicked destruction

On the occasion of the 60 years of independence, it is particularly pleasant for me to offer President Félix-Antoine TSHISEKEDI all my congratulations.

Under the same circumstances, I would also like to wish him a successful mandate.

The address of the Head of State has focused the attention of any discerning observer of Congolese politics especially since it intervenes in the midst of the Covid-19 crisis, after the disturbing revelations on the functioning of the State in during the so-called 100-day trial and the indignations aroused in the coalition following the politicization of the dismissal of the 1st Vice-President of the National Assembly and the cavalier interpellation of the Deputy Prime Minister and Minister of Justice.

From the Head of State’s speech, I remembered his desire to maintain the necessary national cohesion and his commitment to continue the establishment of the rule of law and the relentless fight against impunity. It is this vision which, moreover, is the basis of the FCC-CACH coalition and therefore the simple profession of faith can arouse neither particular emotion nor jubilation. The process of establishing the rule of law in our country has seen two highlights:

The first phase consists of necessary judicial reforms and appointments of facilitators with the sole aim of improving the administration of justice. Task which President Joseph Kabila conscientiously carried out to the satisfaction of public opinion and of all legal practitioners.
The second phase is marked by the application of reforms in the experience of justice:

This is how, already under President Joseph Kabila, deputies, senators, generals and ministers were tried and punished according to the rigor of the law. Now, it is up to President TSHISEKEDI to continue this momentum by providing the legal or legislative additions necessary to ensure harmonious coexistence between the prosecution, the court and the litigant.

In truth, he must be congratulated for the exemplary progress of the 100-day trial, even if there was a slippage in the presumption of innocence for the benefit of the defendants because of social networks and newspapers which socialized the fault of ‘individuals who necessarily have family, breaking the sacrosanct principle of the individuality of the offense and therefore of the penalty.

To consolidate the rule of law and avoid abuses of justice, inherent in the imperfection of every human being, and therefore also of Magistrates, it is essential to protect the magistrates of the prosecution and the court against the misuse of procedure and patrimonialization of the function.

Therefore, the law gave the Minister of Justice the right of injunction to prevent the prosecution from freezing certain cases, a common practice in justice circles. But for this provision to be fully relevant, the Minister in charge of justice, both according to jurisprudence and Congolese positive law, should logically monitor the proper execution of his instructions, have the right to take precautionary measures. before requesting a sanction from the competent authority. Obviously with respect for the separation of powers.

On the other hand, the rule of law must ensure the peace of social life and the security of institutions by preventing judgments from being perceived as settling of scores, acts of humiliation or revenge towards defendants. .

Ladies and gentlemen,

Everything has been said, even beyond what is allowed, about the failure and failures of the Congolese political class during the last 60 years, each time with a touch of irony, However, the political class has succeeded despite everything, to respect the commitment of the founding fathers of the working republic for the unity of the country, territorial integrity, economic independence and the dignity of the Congolese people. It must be recognized that after 60 years of independence, the Congo is still united and continues its long march towards a country more beautiful than before, leading to this end a fight on several fronts.

Among the achievements of which the political class should be proud, since it is above all their work, is the emancipation of Congolese women.
Today, Congolese women find themselves unashamedly in all positions and sectors of national life.

Thus, we have Deputy Prime Ministers, Ministers of State, proxies who perform their duties as they please.

If some malicious minds are inclined to assign these posts simply because of parity, the emergence of women in the private sector constitutes a stinging denial. For the first time, a woman, Madame Bestine KAZADI, has outclassed all her competitors to obtain the presidency of a prestigious and popular team like the Vita Club Sport Association!

In the field of research, Ms. KIRONGOZI has imposed her scientific competence thanks to traffic regulating robots, just as Ms. Béatitude TONDA has excelled in research on Covid-19 by putting on the market an effective product, CETRAPAL ARTEVIA.

Finally, even as agents of economic and social development, women are not the rest. Illustration is beautifully made by the initiatives of Mrs. Olive LEMBE KABILA through the construction of a city in the peripheral of Kinshasa, the commissioning of a modern hospital in Bibwa or even the farm “ DE L’ESPOIR whose quality products continue to flood the market and establish themselves in the Kinshasa landscape. To all these model women and many others, unknown or unrecognized, who fight unabashedly in society, I would like to pay tribute to their contribution to developing a prosperous country in the heart of Africa.

On the same register of successes to be credited to the political class, there is undoubtedly the peaceful and friendly political alternation, consolidated by a coalition whose enemies of consensual democracy have already decreed the death. And as to top it all off, the life led by former President KABILA shows that after the presidency, there is a normal life where one can continue to serve his people and his country as demonstrated by the inauguration of his majestic boat on the waters of Tanganyika.

And therefore, to vilify at will all those who have invested in social peace and the development of the Congo by a few characters whose only merit is to spy on the possible mistakes of politicians in pain, is an insignificant work.

The holy anger, with Homeric accents, of the Man of God during his sermon on June 30, 2020 had echoes in the depths of the Congolese Nation and of each individual. It stems from the asymptote between the demands of democracy and the rules of the church. In a democracy, you have to know how to play with numbers to benefit from the principle and the law of the greatest number to achieve an ambition, while in the Church everything is decided by Rome even if it happens to consult the local Churches.

This tirade of the prince of the Church is due to the fact that the Church succumbed to Jesus’ temptation in the desert concerning the appropriation of the city. Jesus rejected Satan and his indecent proposals, while the Church succumbed to them by agreeing to play in the city, the same role as the politician, and even in competition with him. In so doing, she left the indisputable privilege of the Chair of Truth for the political arena with its train of turpitude.

To support its ambition, the Congolese Church tried to conceive and apply the theology of democratization following the example, at one point, of the Latin American Church which had invented the theology of political liberation by the weapons. Deeply invested in this theory of the conquest of temporal Power, the Church abandoned its primary task and the demands of the Kingdom of Heaven, delivering its priests to begging, mediocrity and questionable morality, leaving Christians confused to their dismay. .

Today priests and nuns are abandoned, in their parishes, convents or in hospitals, to the indifference of the clerical hierarchy preoccupied with finding a place in the sun.

60 years after independence and in view of the worrying deterioration of the situation of the Church in Congo, are we not entitled to call our Bishops to account for what they have done with the Church bequeathed by Cardinal Malula? Have they helped to anchor Christian values of love, forgiveness, mercy, sacrifice and solidarity in society? Can we say of their Christians and themselves, like the early Christians, see how they love each other.

This dark and inglorious part of our Church is also part of the record of 60 years of independence. This critical and introspective analysis should reduce the ardor of certain Princes of the Church to proclaim the condemnation of the Congolese politician without a fair trial, and bring the Men of God to more modesty to recognize that priests and politicians are all housed in the same boat and responsible, in the same capacity, for the situation.

As every time there is a risk of a crisis likely to paralyze the coalition, Presidents TSHISEKEDI and KABILA have come together to defuse the infernal machine of the enemies of democracy, the economic development of our country and the happiness of the Congolese people. This time, too, it was reason of state that triumphed over petty interests and political calculations. An example that should inspire our partners in the FCC-CACH coalition. With the understanding that reason is not the weakest part of strength and that it is not always necessary to use physical energy to triumph. Thus, pushing for street action to solve a social problem is an illusory false good solution. Thus, pushing for street action to solve a social problem is an illusory false good solution. At a time when President TSHISEKEDI must face immense challenges affecting the very existence of the Fatherland, such as the territorial integrity threatened by certain neighboring States or the COVID-19 which could decimate the Congolese population, mobilize militants of the parties or political groups for a null cause, because already regulated by the Constitution and the laws of the Republic, is at least an intentional heresy of democratic practices if not a criminal political unconsciousness.

As part of the 60 years of age of our Republic, less and less young, the Congolese people must capitalize on a national and democratic act of high historical significance, the work of the children of politicians who, since our independence, it has been said that they did not produce anything good.

Of course, this is the peaceful and civilized alternation of power between Joseph KABILA, son of a former President of the Republic, and Félix-Antoine TSHISEKEDI, son of a historical opponent.

We have a duty to transform this act, now historically isolated, into a tradition and a benchmark for our democracy. For this to be the case, the Country does not need a Republic in tavern, which lives on naive and carefree euphoria, nor of an incandescent Republic which lives permanently under the threats or crises maintained by the hot coals of social networks, or NGOs – We need a Democratic Republic living all the requirements and even the constraints of the separation of powers.

Under these conditions, a true democrat cannot wish for a republic of judges whose decisions would replace the acts of the executive or the legislature, nor a republic of professors who would spend most of their time examining the texts of laws. and to construct tempting theories of which they are not ready to assume the insufficiencies instead of letting the politicians rule the Country. Likewise, our state cannot function under the constant threat of Parliament or a furious executive.

The historical circumstances of the moment allow us to appreciate all the political lucidity of Winston Churchill when he declares that: “Democracy is not a perfect regime but the least bad of regimes. Is it not for this reason that our Constitution, our laws are experiencing an evolutionary life with the sole aim of reducing the defects of democracy “.

To this end, the street should not command the 3 powers, while the sovereign people have already designated the personalities responsible for their destiny. And therefore, the parliamentary majority is necessarily popular because it resulted from the will of the citizens. For our democracy to be at peace, it must live on tolerance, open-mindedness, endure the coexistence of contradictory ideas far from the arrogance of the tribunes. Within our coalition, the UDPS should abandon its papal claim.

Having an idea different from that of the leaders does not make a citizen a civilian death, without the right to express himself in the newspapers, radio, television, or the right to claim. It is deplorable that some newspapers which yesterday heroically fought for freedom of expression in the national press have, thanks to certain parental relationships, become zealous followers of power, going so far as to prohibit the use of the words of certain FCC actors. . Too bad anyway! The partners of our coalition must, in all circumstances, keep reason and measure in the perspective of the well-being of the people and the improvement of the social situation of our populations. A true democracy must jealously watch over the coexistence of different points of view, and curb the perverse temptation of the single thought. In the process, I would like to raise the question of the succession due to the head of the CENI.

Many quirky minds, to whom must nevertheless continue to be credited in good faith, believe they are serving Congolese democracy by blocking the mechanism of the appointment of the president of the CENI; others go even further, by demonizing a citizen appointed to this high office in due process and whose expertise is not questioned.

A daily believing itself well inspired even considers Ronsard Malonda as the clone of NANGAA. Which, in his mind, means unable to hold credible elections. History tells us that Gorbachev is not the clone of Brezhnev, nor Putin the clone of Stalin. Yet they all served the Communist Party of the USSR! And so if the West had relied only on the prior elimination of all those who had worked under the Soviet regime the Berlin Wall would not have fallen.

On the other hand, the Holy Scriptures teach us that mustard seed is the fruit of the rotting of its grain or better comes out of the rotting of its grain. Finally, Pope Francis reminds us that every Saint has a past and that every fisherman has a future, Saint Paul is the perfect example. So instead of taking to the streets to block the march of democracy, on the contrary, we should mobilize the coalition to support President TSHISEKEDI in fulfilling the promises made to the people. If evil and perverse minds are working to distract President TSHISEKEDI, the uncompromising People have not forgotten anything about their promises: their establishment in Beni to fight the jihadist forces, the restoration of peace in the East of the Country, free education, leapfrogging, the fight against mismanagement.

I cannot end this press briefing without fully appreciating the scope of Belgium’s regrets expressed by its King about the atrocities committed in Congo during colonization.

If this declaration was felt like a balm, according to the beautiful expression of the Minister of Foreign Affairs, it implies recognition of the facts and opens the way to reparation and compensation for the immense losses suffered by the Congo during the colony both on the human level as resources of all kinds. That would only be fair.

In all things, we must consider the end, advises La Fontaine. Thus, the members of the FCC-CACH coalition must behave as a coalition in power, that is to say, a solution-maker.

To the problems of our populations.

The civic disobedience of the UDPS and the wicked destruction of the PPRD headquarters in Limete and Sendwe barely conceal its inability to provide credible solutions to the problems of the Congolese population. This seriously undermines the leadership of President TSHISEKEDI in state governance, the maintenance of public order and social peace. Considering the current behavior of the UDPS in the governance of the Country, comes to mind a similar behavior on the part of Hannibal after his victory in Trasimeno, instead of ending the battle by conquering the city. from Rome, which remained defenseless, he preferred to devote himself headlong to the delights of Capua. To the point of provoking this delusional reflection of a Roman general VINCERE SCIS, HANNIBAL SED VICTORIA UTI NESCIS. What in free literary translation we can paraphrase by saying: UDPS, YOU WON WELL THE PRESIDENTIAL ELECTION BUT YOU DO NOT KNOW WHAT TO DO WITH ALL THE NATIONAL AND INTERNATIONAL PREROGATIVES SO OBTAINED. And how then!

The incredible conditions of the resignation-removal of the First President of the Court of Cassation do not honor either the rule of law or our democratic regime, in any case do not reflect the idea that we have of a Democratic Republic.

It is not good for social peace that for various reasons the President of the Republic intervenes in the first and last resort as a deus ex machina. Which goes against the popular wisdom that says SULUTANIHAKAMA TAKE MWIZI.
It is not the role of the Chief to catch the thief, but to uphold the law, procedures, human dignity and human rights. This is why it is in the well understood interest of the President of the Republic to respect his constitutional oath. In short, not to succumb to the temptation to intervene. Which risks acting like a boomerang splashing the sacred person of the Chief. Priority must be given to fulfilling the commitment to improve the social, security and general situation of the Country; the interest of the People is the supreme law; the end of the war in the East, the affectivity of free education, territorial integrity; arrangements to revive the economy during and after Covid-19.

A teleological analysis of the events that occurred during this period in the justice sector namely; 100-day trials; the cavalier arrest of the Deputy Prime Minister, Minister of Justice and Keeper of the Seals; the incredible resignation and dismissal of the First President of the Constitutional Court and President of the Superior Council of the Magistracy, makes it possible to detect the will to lay hands on Justice in order to behead and terrorize the FCC by brandishing the sword of Justice on its main leaders.

It would be naive to believe that the FCC understands nothing and that it would endure events without flinching like a flock of sheep that does not ask itself a question when one comes every day to take one of theirs for the slaughterhouse without asking questions about its fate.

Rather than seeking a deadly confrontation with an uncertain outcome, it would be wiser to apply in good faith the deal of the FCC-CACH coalition and to tackle the existential problems of the Congolese populations such as purchasing power and Dizzying plunge of the Congolese franc against the dollar, the conditions for economic recovery during and after Covid-19. It is therefore clear that Congolese democracy needs acts of bravery more to face the challenges of the country’s future than acts of bravado which expose the Congolese population to the Covid-19 scourge just to gain power.

Ladies and gentlemen,

As an opposition party, the UDPS had the right to vociferate against anything wrong with the Republic from MOBUTU until it won the Presidency at the ballot box under KABILA. To have remained so long in the opposition from where it distributed profusely and jumbled fatwa and peremptory judgment of last resort, against all its predecessors at the top of the state, the UDPS must now take up an enormous challenge given of the atavism of its history. The time has come to show the Congolese people and even the rest of the world their ability to govern in a democratic and transparent environment in strict compliance with the Constitution which enshrines the existence of the opposition, the laws of the Republic and its members. political commitments, the only guarantees of stability in the functioning of the Republic.

In this vein and particularly in this period of the international crisis due to Covid-19, the UDPS must reassure the People by its capacity to manage the crisis at the national level by developing a credible crisis exit plan with as a basis, State assistance to businesses and to the most deprived fringe of the Congolese population so as not to miss the revival of the Congolese economy. Hence a legitimate question, is this the time for the Congolese state to increase the tax burden?

The coalition with the FCC gives the UDPS an unexpected opportunity to work in peace and transparency with all its partners. So now is not the time to engage in academic debates on the advisability of dissolving Parliament or to initiate Byzantine questions such as the ability to crowd out protests, as the Kinshasa say. If the FCC-CACH coalition engages headlong in these meanders, the People are awaiting it without qualms at the turn or more exactly in less than 3 years for accountability.

The FCC and CACH therefore have every interest in not following the bewitching song of the sirens who wish only the failure and the demise of our beautiful coalition.

Done in Kinshasa, on 07/16/2020

Ambassador André-Alain ATUNDU LIONGO

Communicating from FCC