Created with the aim of promoting a better understanding of legal issues in Africa, the Center for Research and Studies on the Rule of Law in Africa (CREEDA) recently expressed reservations regarding the decision of the Minister of Justice, Constant Mutamba, regarding the deletion of Folio 92 (F92). This act, judged as a violation of the law by CREEDA, raises concerns about respect for the rights of non-profit associations in the Democratic Republic of Congo.
Folio 92, until now given to applicants for legal personality as acknowledgment of receipt, constituted a key element in the process of recognition of associations. Under the law, the ministry’s failure to act within six months could be interpreted as the automatic acquisition of the legal personality requested by the applicants who received this document.
The decision of the Minister of Justice, Constant Mutamba, to remove the F92 and impose a one-month deadline on non-profit associations to submit a new application for legal personality sparked criticism from the vice-president of the board of directors of CREEDA, Paulin Punga. He emphasizes that the minister should not overstep legal procedures by means of a simple press release, particularly with regard to associations already legally established.
Indeed, this modification of procedures could be interpreted as a restriction on freedom of association, an essential pillar of democracy. CREEDA warns against any measure that could compromise this fundamental freedom, calling on the minister to strictly comply with the law to preserve the integrity of the process of establishing associations in the country.
Despite Radio Okapi’s attempts to obtain clarification from Minister Mutamba on his decision, the answers remain unobtainable, leaving uncertainty as to the justification of this action.
In conclusion, this controversy underlines the importance of transparency and respect for legal procedures in the application of justice in the Democratic Republic of Congo. Respect for legality and freedom of association are key elements to guarantee an environment conducive to the development of civil society and the development of citizens’ rights.