Restore the image of justice in the Democratic Republic of Congo: the appeal of the Kinshasa judges
In a context marked by the reproaches formulated by the Head of State with regard to Congolese justice, the judges of the courts and tribunals of Kinshasa were called upon to restore the image of the institution. During a working session held for the judges, the first president of the Court of Cassation, David-Christophe Mukendi Musanga, urged his colleagues to assume their responsibilities and to work for the moralization of the life of the magistrate.
The first president underlined that the judiciary of tomorrow will be composed by them, and that it is imperative to stop the evils which are reproached to them by the Head of State. He also recalled that the judge must be above suspicion and avoid relations with litigants that could give rise to corruption charges.
One of the problems mentioned by some judges is that of remuneration. However, David-Christophe Mukendi said that resigning is the best solution if you are poorly paid. He also urged the heads of courts and tribunals to use the sword and reinvigorate the disciplinary chambers so that the sanctions are closer to the judges who do not respect the rules of the game.
Among the other points discussed during the working session, the failure to respect the start times of the hearings and the deadlines for the pronouncement of judgments and rulings was highlighted. The first president of the Court of Cassation also regretted the fact that certain judges of the courts of peace, of first instance and of the courts of appeal circumvent their hierarchical superiors by writing directly to the first president. He also deplored the behavior of some heads of jurisdictions who avoid sitting in hearings by considering themselves as administrative authorities.
To remedy these problems, David-Christophe Mukendi made several recommendations. He asked women magistrates to work in the interior of the country to promote balance. He also encouraged judges to exercise wisdom, prudence and science in carrying out their duties. A message that will be relayed to the judges of the different provinces by a circular.
In conclusion, the Kinshasa judges’ working session was an opportunity for the first president of the Court of Cassation to recall the importance of restoring the image of justice in the Democratic Republic of Congo. The moralization of the life of the magistrate and the respect of the rules of operation are essential elements to achieve this. It remains to be seen whether these appeals will be followed up and whether concrete measures will be taken to improve the country’s judicial system