The 2023-2024 judicial year in the DRC: an opportunity for reform and the fight against corruption
Each year, the start of the judicial year marks the start of a new period of activity for magistrates and the judicial system. In the Democratic Republic of Congo, the 2023-2024 judicial start-up was marked by a strong speech by the 1st President of the Court of Cassation, Ndomba Kabeya Élie-Léon, who highlighted the obstacles that hinder Congolese justice and proposed solutions to overcome them.
In his speech during the solemn and public hearing, Ndomba Kabeya highlighted corruption, the indiscipline of magistrates, influence peddling and the lack of resources as the main obstacles to quality justice in the DRC. He stressed that these problems are many and varied, but that it is essential to identify them in order to be able to solve them.
To fight corruption, the first president of the Court of Cassation proposed denunciation supported by evidence, in order to facilitate the punishment of the perpetrators of these reprehensible acts. He also underlined the need to reactivate the disciplinary chambers for magistrates who do not respect the statutory and ethical rules of their profession.
Ndomba Kabeya also called for a review of the status of judicial officers, in order to confer on the heads of courts and prosecutorial offices disciplinary power over magistrates, thus making them responsible for possible abuses and excesses of power.
With regard to major obstacles to justice such as immunities from prosecution, referral of jurisdiction due to legitimate suspicion and the composition of the seat in the court of peace, the first president of the Court of Cassation proposed a revision of the provisions laws that govern them.
The interventions of the Attorney General at the Court of Cassation, Firmin Mvonde, as well as the national president, Michel Shebele, also highlighted major problems. Firmin Mvonde called for the repression of influence peddling which is plaguing the Congolese judicial system, while Michel Shebele pleaded for an improvement in the living conditions of retired magistrates.
The start of the judicial year thus marks an important turning point in the fight against corruption and the improvement of the quality of justice in the DRC. The proposals made by Ndomba Kabeya and other speakers pave the way for essential reforms to guarantee fair and effective justice.
It is now essential that these proposals are implemented in a concrete manner and that concrete measures are taken to effectively combat corruption and other obstacles to justice. The Congolese population deserves transparent, impartial and responsive justice, and the 2023-2024 judicial year could well be the starting point for a real transformation of the country’s judicial system.