DRC Constitutional Court fight reveals Kabila-Tshisekedi struggle
Félix Tshisekedi could not find agreement with Jeanine Mabunda and Alexis Thambwe Mwamba on the fate of the judges he appointed to the Constitutional Court.
The meeting organized on 12 October with Félix Tshisekedi,
at the initiative of the President of the National Assembly, Jeanine Mabunda,
and her colleague from the Senate, Alexis Thambwe Mwamba, around the
appointment of three judges to the Constitutional Court did not manage to iron
out the differences.
According to our information, the office of the head of
state referred the matter to parliament several weeks ago in order to prepare
for the swearing-in ceremonies of these magistrates, but received no response.
three judges were appointed by ordinance by Tshisekedi in
July, without consulting the camp of his predecessor Joseph Kabila.
Since then, the Front Commun pour le Changement or FCC
(Kabila’s bloc) has continued to denounce these appointments, which it believes
were made in violation of the constitution.
Prime Minister Sylvestre Ilunga Ilunkamba, who was supposed
to countersign them, was then on the move and represented by a relative of
Félix Tshisekedi, the Deputy Prime Minister in charge of the Interior, Gilbert
Kankonde.
Two Constitutional Court judges appointed by the head of
state to the Court of Cassation are also challenging their departure.
Radical block
Sources inside Félix Tshisekedi’s entourage blame Nehemiah
Mwilanya, the coordinator of the FCC, as well as Jeanine Mabunda and Alexis
Thambwe Mwamba, for forming a bloc of “radicals” that would block the FCC-Cach
(Cape for Change) coalition, or even the application of recent orders issued by
the president.
Those close to the Head of State say that the possibility of
keeping Nehemiah Mwilanya away from the decision-making spheres at the FCC is
being studied at the Palace.
This is in order to neutralize the personalities judged to
be ‘radical’ in the entourage of Tshisekedi and Kabila.
Jean Marc Kabund-a-Kabund, Augustin Kabuya and Emmanuel
Ramazani Shadary were thus excluded from the new committee monitoring the
agreement between the FCC and the Cach, composed of four negotiators for each
camp.
Determined to push through his orders, Felix Tshisekedi
secured the support of the judiciary by receiving the office of the Superior
Council of the Judiciary on October 14, on the eve of the new judicial year.
This body discussed with the president the reforms to be
carried out in order to be able to guarantee its independence, such as the
procedural rules relating to the immunity of MPs and members of the government.
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