On Friday, June 16, Joseph Kabila Kabange, the former Head of State of the Democratic Republic of Congo, spoke in Kingakati on the political, social and security situation in the country, causing strong agitation in the public opinion. Renowned for his legendary silence, this speech sparked a debate on the right to speak and the duty of reserve incumbent on the former president.
The obligation of reserve is a sensitive subject which divides the political actors. Honoré Mvula, president of the political party “Forces de patriotes” member of the Sacred Union, believes that Joseph Kabila is required to respect the duties imposed by the Law on the status of former Presidents, in particular the obligation of reserve, under penalty of of penalties. However, the jurist and former magistrate Frédéric Bola wanted to recall the legal nuances of this obligation. Joseph Kabila, as former President of the Republic, is subject to the general obligation of reserve, which formally prohibits him from disclosing or revealing State secrets. Apart from this specific case, JKK, as a senator, is not subject to any other obligation of reserve than that specified in article 5 paragraph 2 of the Law on the status of former Presidents of the Republic.
Frédéric Bola recognizes the right of Joseph Kabila to speak freely and to address publicly his supporters and/or the DR-Congolese, especially since he enjoys the right to freedom of expression guaranteed by article 23 of the Constitution. However, the lawyer specifies that Joseph Kabila could expose himself to the offense of undermining the external security of the State, either that of treason, or even that of espionage, depending on the nature of his remarks. .
This controversy around the obligation of reserve recalls the complexity of the political situation in the DRC. The political actors insist on the respect of the laws in force, but the interpretations sometimes diverge according to the camps. We will have to wait for the next developments to know if Joseph Kabila will be sanctioned or not.