The national legislative elections of December 20, 2023 were marked by a series of controversies and disputes. The Independent National Electoral Commission (CENI) invalidated the candidacies of numerous deputies, accusing them of fraud and violation of electoral rules.
The Constitutional Court, before which the invalidated candidates filed appeals, delivered its verdict this Thursday, February 8. Of the 63 files submitted, 35 were deemed inadmissible and 24 unfounded. Four candidates were withdrawn.
The President of the Constitutional Court, Dieudonné Kamuleta, declared that the CENI is not competent to invalidate the candidatures and affirmed that it will never be able to do so again in the future. This decision thus vindicates the lawyers of the invalidated candidates, who denounced the violation of the rights of the defense and the absence of prior hearing of the parties concerned by the CENI.
Among the invalidated candidates are well-known political figures, such as Évariste Boshab, Mbuta Muntu Lwanga Charles, Collette Tshomba, Pembe Luemba Tatiana, Gentiny Ngobila Mbaka, Nsingi Pululu, Lwese Victorine, Mabaya Gizi and Nana Manuanina. They all appealed to the Council of State, which declared itself incompetent to rule on this matter.
This decision by the Constitutional Court marks an important step in the ongoing electoral process in the Democratic Republic of Congo. It also raises questions about the functioning of the CENI and the way in which it managed disputes linked to the results of the legislative elections.
The foreseeable outcome of this affair remains uncertain. Invalidated candidates could pursue their appeals before other judicial bodies, or turn to other means of political action to contest the election results.
These recent events highlight the importance of respecting electoral rules and transparency in the electoral process. They also remind us that democracy is an ever-changing process, where disputes and controversies are inevitable, but must be resolved fairly and equitably for all stakeholders involved.