Title: The issues at stake in the first hearing at the Constitutional Court on the presidential election dispute
Introduction :
The first hearing at the Constitutional Court on the dispute over the presidential election of December 20 brought together the parties present to present their arguments and defend their positions. At the heart of the debates, Théodore Ngoy’s request for the total cancellation of the elections due to irregularities, and the position of the Independent National Electoral Commission (CENI) which contests this request. This hearing is of capital importance for the continuation of the electoral process in the DRC. Let us analyze the issues of this legal confrontation.
The public prosecutor faced with the regularity of the ballots:
In its intervention, the public prosecutor recalled that the Constitutional Court is the judge of the regularity of the ballots and not of conformity. This means that its role is to verify whether the elections were conducted in compliance with the electoral rules in force. The public prosecutor thus pleaded for the Court to declare the exception of unconstitutionality raised by Théodore Ngoy admissible but unfounded. This position demonstrates the desire to maintain the integrity of the electoral process while taking into account possible irregularities.
The position of Félix Tshisekedi and the CENI:
For its part, Félix Tshisekedi’s campaign team affirmed that the decision of the CENI proclaiming the provisional results did not have a legislative character allowing the constitutionality to be challenged. They therefore asked the Constitutional Court to consider the exception of unconstitutionality raised by Théodore Ngoy as admissible but unfounded. This position shows the desire to defend the legitimacy of the elected candidate while respecting established legal procedures.
The challenges for the electoral process in the DRC:
This first hearing at the Constitutional Court is of crucial importance for the electoral process in the DRC. Indeed, the decision that will be rendered by the Court will have a direct impact on the course of events. If the Court declares the exception of unconstitutionality admissible and well-founded, this could call into question the results of the presidential election and potentially lead to a recount of the votes or even the organization of new elections. Conversely, if the Court rejects the exception of unconstitutionality, the results of the election will be confirmed and Félix Tshisekedi will be officially inaugurated as president.
Conclusion :
The first hearing at the Constitutional Court on the dispute over the presidential election in the DRC marks the start of a series of legal meetings decisive for the future of the country. The divergent positions of the parties involved underline the issues and tensions linked to this affair. It is now up to the Constitutional Court to make an informed decision based on the elements presented during this hearing and while preserving the legitimacy of the electoral process. The outcome of this legal battle will remain decisive for the political future of the DRC.