Title: Elections in the DRC: a controversial situation examined by the Constitutional Court
Introduction :
The Democratic Republic of Congo has been the scene of political controversies following the presidential, national and provincial legislative elections, as well as the elections of municipal councilors which took place from December 20 to 27, 2023. The Constitutional Court has received numerous requests contesting the validity of these elections. Among these, the request of Ehetshe Mpala David was examined this Monday, January 8, 2024. However, this situation gives rise to debates regarding the alleged irregularities and fraud which would have marked these elections.
Debate around Ehetshe Mpala David’s request:
Ehetshe Mpala David, applicant before the Constitutional Court, denounced numerous irregularities and alleged fraud during the December 2023 elections. Among these irregularities, he highlighted the possession of voting materials by certain candidates, thus compromising the integrity of the electoral process . However, lawyers for candidate Félix Tshisekedi, representatives of the Independent National Electoral Commission (CENI) and the Public Prosecutor’s Office all argued in favor of the inadmissibility of the request. They argued that the applicant was not a candidate in the presidential elections.
The absence of the main opposition candidates before the Constitutional Court:
One element to highlight is the absence of the main opposition candidates, such as Moïse Katumbi and Martin Fayulu, before the Constitutional Court. These candidates expressed their skepticism regarding the independence of the Court vis-à-vis the power in place. They consider this institution to be subservient to the regime in place and have therefore chosen not to take the matter to court to contest the election results.
Conclusion :
The political situation in the Democratic Republic of Congo remains tense following the December 2023 elections. The petitions examined by the Constitutional Court highlight concerns about possible irregularities and fraud that marred the electoral process. However, the absence of the main opposition candidates before the Court constitutes an important element to consider and highlights doubts about the impartiality of this institution. What happens next remains uncertain and it is crucial to closely monitor developments in the political situation in the DRC.