The Constitutional Court of the Democratic Republic of Congo has rendered its decision concerning Noël Tshiani’s petition against the candidacy of Moïse Katumbi in the presidential election of December 2023. In its decision, the Court deemed the petition “admissible but unfounded” .
Noël Tshiani had raised concerns about the nationality of Moïse Katumbi, affirming that the latter held a nationality other than Congolese at the time he obtained his nationality certificate. To support his position, Tshiani cited previous facts where Moïse Katumbi allegedly used foreign passports to travel to other countries.
However, Moïse Katumbi’s lawyers argued in favor of the inadmissibility of the request, arguing that the question of nationality did not fall within the jurisdiction of the Constitutional Court in the context of the electoral dispute. They also underlined the exceeding of the deadline for this request and the lack of interest of Tshiani, because the latter had not been the subject of a decision of invalidation of the Independent National Electoral Commission (CENI) justifying his interest to contest Katumbi’s candidacy.
Moïse Katumbi’s lawyers also challenged the use of evidence of public knowledge to support Tshiani’s request, saying that the certificate of nationality was the only legal document to prove Congolese nationality, a document that Katumbi holds.
After examining the case, the Constitutional Court finally found that Noël Tshiani’s request was admissible, but that it was unfounded. Consequently, the candidacy of Moïse Katumbi in the presidential election was maintained.
This decision by the Constitutional Court puts an end to a dispute which had generated a lot of attention and questions in the country. It paves the way for the continuation of the electoral campaign with a view to the presidential election of December 2023.
It now remains to be seen what impact this decision will have on the course of the electoral campaign and on the final result of the presidential election. Supporters of Moïse Katumbi will rejoice at the confirmation of his candidacy, while those who supported Noël Tshiani will perhaps express their disappointment.
In any case, this case highlights the importance of transparency and integrity in the electoral process, as well as the need for rigorous management of questions of candidate nationality. These elements are essential to guarantee citizen confidence in the political system and ensure free and fair elections.
In conclusion, the Constitutional Court of the Democratic Republic of Congo ruled on Noël Tshiani’s petition against the candidacy of Moïse Katumbi, deeming it admissible but unfounded.. This decision marks a new stage in the ongoing electoral process and underlines the importance of integrity and transparency in democratic elections.