Head of state of the Democratic Republic of the Congo
The
president of the Democratic Republic of the Congo
(French:
President de la Republique democratique du Congo
,
Swahili
:
Rais wa Jamhuri ya Kidemokrasia ya Kongo
,
Lingala
:
Mokonzi wa Republiki ya Kongo Demokratiki
) is the
head of state
of the
Democratic Republic of the Congo
and commander-in-chief of the
armed forces
.
The position of president in the DRC has existed since the first constitution ? known as The Fundamental Law ? of 1960. However the powers of this position have varied over the years, from a limited shared role in the executive branch, with a prime minister, to a full-blown dictatorship. Under the current
constitution
, the President exists as the highest institution in a
semi-presidential
republic. The president is protected by the
Republican Guard
.The constitutional mandate of the then president,
Joseph Kabila
, was due to expire on 20 December 2016 but was initially extended by him until the end of 2017
[1]
and he continued to remain in post until a presidential election was held in December 2018 when
Felix Tshisekedi
was elected and took office on 24 January 2019.
Presidential powers
[
edit
]
The semi-presidential system established by the constitution is largely borrowed from the French constitution. Although it is the
prime minister
and
parliament
that oversee much of the nation's actual lawmaking, the president wields significant influence, both formally and from constitutional convention. The president holds the nation's most senior office, and outranks all other politicians.
The president is able to choose the prime minister. However, the President must nominate the prime minister from among the parliamentary majority after consultation with the parliamentary majority, if an obvious majority exists, and if it does not exist, must nominate a prime minister who has a once renewable 30 day exploratory mandate to form a coalition. The prime minister and cabinet must present their plan of action to the National Assembly, which must approve the government and the plan of action by an absolute majority. Only the
National Assembly
has the power to dismiss the prime minister's government.
- When the majority of the Assembly has opposite political views to that of the president, this leads to political cohabitation. In that case, the president's power is diminished, since much of the de facto power relies on a supportive prime minister and National Assembly, and is not directly attributed to the post of president. Still, the constitutional convention is that the president directs foreign policy, though he must work on that matter with the Minister of Foreign Affairs.
- When the majority of the Assembly sides with him, the President can take a more active role and may, in effect, direct government policy. The prime minister is often a mere "fuse" – and can be replaced if the administration becomes unpopular.
Among the formal powers of the president:
- The president ensures respect of the constitution and ensures the proper functioning of the public authorities and institutions as well as the continuity of the State. He guarantees the independence, territorial integrity, and sovereignty of the nation and ensures the observance of international treaties.
[2]
- The president appoints the Prime Minister and, acting on the advice of the latter, appoints and removes the other members of the government.
[3]
- The president convokes and presides at meetings of the Council of Ministers, promulgates the laws, and issues ordinances
[4]
- The president invests the elected Governors and Vice-Governors of the Provinces with their powers.
[5]
- The president appoints, suspends, and removes, on the proposal of the government and after deliberation by the Council of Ministers:
[3]
- Ambassadors and other diplomatic personnel;
- Officers of the armed forces and national police, after hearing the opinion of the High Defense Council;
- The general chief of staff, the chiefs of staff and the commanders of the main branches of the armed forces, after hearing the opinion of the High Defense Council;
- High-ranking civil servants;
- Persons in charge of public services and establishments;
- Representatives of the State (other than auditors) in public enterprises;
- Judges and public prosecutors on the proposal of the High Council of the Judiciary.
[6]
- The president is the commander-in-chief of the armed forces and chairs the High Defense Council.
[7]
- The president confers national honors.
[8]
- The president may declare a state of emergency or a state of siege "When grave circumstances constitute a present threat to the independence or the integrity of the national territory or when they provoke the disruption of the proper functioning of the institutions."
[9]
- The president may declare war with the authorization of both chambers of parliament, after deliberation by the Council of Ministers, and after hearing the opinion of the High Defense Council.
[10]
- The President may grant pardons or commute or reduce sentences.
[11]
- The President appoints and accredits ambassadors to foreign countries and international organizations, and receives ambassadors accredited to the Democratic Republic of the Congo.
[12]
- The President defines national policy in coordination with the government and is responsible, in cooperation with the government, for defense, security, and foreign affairs.
[13]
- The president has a very limited form of suspensive veto: when presented with a law. The president can request another reading of it by parliament, but only once per law.
[14]
Requirements
[
edit
]
Article 72
of the Congolese constitution states that the President must be a
natural-born citizen
? or more accurately: French:
citoyen d'origine
? of the Democratic Republic of the Congo, and at least 30 years of age. Additionally, the President must be free of any legal constraints on their civil and political rights.
Article 10
of the same constitution defines
citoyen d'origine
as : "anyone belonging to the ethnic groups whose persons and territory constituted what became the Congo (currently the Democratic Republic of the Congo), at independence".
Succession
[
edit
]
Articles 75
and
76
of the constitution state that upon the death or resignation of the President, the vacancy of the position is declared by the Constitutional court. The
President
of the
Senate
then becomes interim president.
The Independent Electoral Commission has to organize elections between sixty (60) and ninety (90)
[15]
days after the official declaration of vacancy by the Constitutional court.
Other information
[
edit
]
The official office of the president is the
Palais de la Nation
(Palace of the Nation) in
Kinshasa
.The official residence of the president is the
Camp Tshatshi Palace
in
Kinshasa
, although it has not been used since it was looted in 1997. Other presidential residences include:
Elections
[
edit
]
Under the
2006 constitution
, the President is directly elected to a five-year term ? renewable only once
[16]
? by
universal suffrage
. The first President to have been elected under these provisions is
Joseph Kabila
, in the
2006 elections
.
After the president is elected, he goes through a solemn
investiture
ceremony.
2023 election
[
edit
]
Candidate
| Party
| Votes
| %
|
---|
| Felix Tshisekedi
| Union for Democracy and Social Progress
| 13,058,962
| 73.47
|
| Moise Katumbi
| Together for the Republic
| 3,256,572
| 18.32
|
| Martin Fayulu
| Commitment to Citizenship and Development
| 875,336
| 4.92
|
| Adolphe Muzito
| New Momentum
| 200,800
| 1.13
|
| Soborabo Radjabho Tebabho
| Congolese United for Change
| 70,099
| 0.39
|
| Denis Mukwege
| Independent
| 39,639
| 0.22
|
| Aggrey Ngalasi Kurisini
| Independent
| 37,201
| 0.21
|
| Constant Mutamba
[
fr
]
| Revolutionary Progressive Dynamic
| 36,197
| 0.20
|
| Jean-Claude Baende
| Independent
| 25,584
| 0.14
|
| Delly Sesanga
| Flight
| 17,785
| 0.10
|
| Loli Nkema Liloo Bokonzi
| Independent
| 17,046
| 0.10
|
| Patrice Majondo Mwamba
| Independent
| 15,793
| 0.09
|
| Marie-Josee Ifoku
| Independent
| 15,266
| 0.09
|
| Matata Ponyo Mapon
| Leadership and Governance for Development
| 14,181
| 0.08
|
| Andre Masalu Anedu
| Independent
| 13,974
| 0.08
|
| Floribert Anzuluni
| Independent
| 13,707
| 0.08
|
| Noel Tshiani
| Independent
| 9,276
| 0.05
|
| Seth Kikuni
| Independent
| 8,621
| 0.05
|
| Justin Mudekereza Bisimwa
| Independent
| 7,573
| 0.04
|
| Joelle Bile Batali
[
fr
]
| Independent
| 6,911
| 0.04
|
| Franck Diongo
[
fr
]
| Progressive Lumumbist Movement
| 6,780
| 0.04
|
| Tony Bolamba
[
fr
]
| Independent
| 6,307
| 0.04
|
| Rex Kazadi Kanda
| Independent
| 5,757
| 0.03
|
| Georges Buse Falay
| Independent
| 5,288
| 0.03
|
| Enoch Ngila
| Independent
| 5,156
| 0.03
|
| Theodore Ngoy
| Independent
| 4,132
| 0.02
|
Total
| 17,773,943
| 100.00
|
|
Valid votes
| 17,773,943
| 99.85
|
---|
Invalid/blank votes
| 26,252
| 0.15
|
---|
Total votes
| 17,800,195
| 100.00
|
---|
Registered voters/turnout
| 41,738,628
| 42.65
|
---|
Source:
CENI
[17]
as amended by the
Constitutional Court
[18]
|
See also
[
edit
]
Historical:
References
[
edit
]
- ^
"20 dead in Congo unrest as Kabila clings on to power"
.
IOL
. South Africa
. Retrieved
3 March
2017
.
- ^
Constitution of the Democratic Republic of the Congo, 2006, article 69
Archived
5 July 2013 at the
Wayback Machine
.
- ^
a
b
Constitution of the Democratic Republic of the Congo, 2006, article 81
Archived
5 July 2013 at the
Wayback Machine
- ^
Constitution of the Democratic Republic of the Congo, 2006, article 79
Archived
5 July 2013 at the
Wayback Machine
- ^
Constitution of the Democratic Republic of the Congo, 2006, article 80
Archived
5 July 2013 at the
Wayback Machine
- ^
Constitution of the Democratic Republic of the Congo, 2006, article 82
Archived
5 July 2013 at the
Wayback Machine
- ^
Constitution of the Democratic Republic of the Congo, 2006, article 83
Archived
5 July 2013 at the
Wayback Machine
- ^
Constitution of the Democratic Republic of the Congo, 2006, article 84
Archived
5 July 2013 at the
Wayback Machine
- ^
Constitution of the Democratic Republic of the Congo, 2006, article 85
Archived
5 July 2013 at the
Wayback Machine
- ^
Constitution of the Democratic Republic of the Congo, 2006, article 86
Archived
5 July 2013 at the
Wayback Machine
- ^
Constitution of the Democratic Republic of the Congo, 2006, article 87
Archived
5 July 2013 at the
Wayback Machine
- ^
Constitution of the Democratic Republic of the Congo, 2006, article 88
Archived
5 July 2013 at the
Wayback Machine
- ^
Constitution of the Democratic Republic of the Congo, 2006, article 91
Archived
5 July 2013 at the
Wayback Machine
- ^
Constitution of the Democratic Republic of the Congo, 2006, article 137
Archived
5 July 2013 at the
Wayback Machine
- ^
Constitution of the DRC
- ^
Cook, Candace; Siegle, Joseph.
"Circumvention of Term Limits Weakens Governance in Africa"
.
Africa Center for Strategic Studies
.
- ^
"Resultats des elections combinees du 20 decembre 2023"
[Results of the combined elections of 20 December 2023] (in French).
CENI
. Retrieved
15 January
2024
.
- ^
Audience publique du 09 janvier 2024 ? Contentieux des resultats de la presidentielle
[
Public Hearing of January 09, 2024 - Litigation over the presidential election results
] (video) (in French).
Constitutional Court
. 9 January 2024. Event occurs at 1:47:00
. Retrieved
13 January
2024
– via
Facebook
.
External links
[
edit
]
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