Opinion Piece by Maître RAMAZANI SHABANI Nuur

The announcement by the C64 coalition of the filing of a complaint against the President of the Republic is far from being a mere political exercise.

Even if the initiators’ objective were limited to a purely political démarche, such a complaint could carry considerable strategic value.

First, because it would help document the various acts of deliberate constitutional violations committed by the very individual who solemnly swore, through his constitutional oath, to protect and uphold the Constitution. Second, because such a complaint would have the effect of suspending the statute of limitations, thereby opening the possibility for the concerned individual to be prosecuted and tried at any moment in his lifetime. Finally, this initiative would serve as a reminder of a fundamental principle of any rule-of-law state: no one is above the law, and no person should escape justice regardless of the office they hold.

Indeed, the current Head of State has committed several acts amounting to violations of the Constitution since assuming office in 2019.

Among these, one may notably cite:

1. The forced removal, in 2020, of Constitutional Court judges Noël Kilomba and Jean Ubulu, followed by the appointment of two other judges to replace them, in violation of Article 158 of the Constitution;

2. The encouragement to amend the entrenched provisions of the Constitution, particularly through statements suggesting an intention to seek a third presidential term, in violation of Article 220 as well as the spirit of the constitutional oath provided for under Article 74 of the Constitution;

3. The ratification of the Washington peace and commercial agreements without prior authorization from Parliament, in violation of Article 214 of the Constitution;

4. Arbitrary arrests and repeated violations of fundamental rights and freedoms committed by security services operating under his authority — violations which he himself appeared to trivialize by stating that such abuses were normal in the context of war. These acts notably violate Articles 16, 17, 18, and 19 of the Constitution.

These examples merely illustrate a troubling pattern of repeated constitutional violations openly committed with arrogance since the current President of the Republic came to power.

While Article 24 of the Penal Code provides for a ten-year statute of limitations for offenses punishable by more than five years of penal servitude, Article 26 of the same Code provides for the suspension of this limitation period in the event of investigative or prosecutorial acts.

This is what gives full meaning to the initiative undertaken by these comrades within the political opposition, whom we commend.

However, it is equally important to recall the relevance of the operational charter of our platform, “Save the DRC,” whose primary mission is to put an end to tyranny.

Although the C64’s actions are relevant, they may nevertheless suffer from a lack of effectiveness, or even from a certain degree of political untimeliness.

First, because in a context of tyranny, there is a serious risk that this complaint may not even be officially received or may simply be dismissed without any investigation whatsoever. In such circumstances, this faction of the opposition would have embarked upon an exhausting battle that is practically doomed from the outset.

Second, because even in the unlikely event that the judiciary decided to initiate proceedings against the Head of State, such a process would require a decision by Congress, which today is composed of more than 90% of members aligned with the President of the Republic.

This is therefore an opportunity to call upon our comrades in the opposition to ensure rigorous coordination of political actions, with the utmost firmness and absolute resistance.

Opposition actors who genuinely work for the people must distance themselves from all those who, in an attempt to artificially strengthen the current regime, seek to weaken the opposition from within in pursuit of opportunistic positioning.

Maître RAMAZANI SHABANI Nuur

Senior Representative of Piste-E