The debate surrounding the renewal of the Constitutional Court has sparked diverging interpretations on the duration of judges’ mandates. Experts recently discussed this issue at a conference at the University of Kinshasa’s Faculty of Law, highlighting conflicting views.
Some argue that the nine-year terms of the Constitutional Court judges conclude on April 4, 2024, the institution’s 9th anniversary, indicating that the current judges should be replaced at that time. However, this perspective overlooks crucial elements of the Constitution and the relevant organic law.
In actuality, judges of the Constitutional Court serve non-renewable, nine-year terms in line with the February 2006 Constitution. Furthermore, the Court must undergo renewal by thirds every three years, as mandated by the October 15, 2013 organic law. Therefore, it is imperative to consider the drawing of lots among members to ensure this rotation by thirds.
It’s important to note that during the Court’s initial renewals, a draw occurs among the originally appointed judges. Consequently, of the original nine members, three serve three-year terms, another three serve six-year terms, and the last three serve full nine-year terms. This rotational system secures the institution’s continuity while gradually refreshing its membership.
Hence, contrary to some assertions, only three judges should be replaced during the upcoming Court renewal on April 4, 2024. This clarification on judges’ mandate durations is crucial to uphold the Constitutional Court’s functionality and independence.
In conclusion, strict adherence to constitutional and legal provisions governing the Constitutional Court is essential for a smooth and fair transition of judges. This clarity will enhance public trust in the judiciary and fortify the rule of law in our nation.
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For more insights and updates on related topics, please visit [Media Congo’s article](https://www.mediacongo.net/article-actualite-135818_renouvellement_de_la_cour_constitutionnelle_stop_aux_supputations_tribune_de_juvenal_m_mwashal.html).