The essential function of clerks in the judicial system of the Democratic Republic of Congo recently attracted the attention of the First President of the Court of Cassation. During the 2024 judicial re-opening ceremony, a powerful speech highlighted the challenges faced by these key players, highlighting harmful practices such as corruption and indiscipline that some clerks are accused of perpetrating.
The First President’s intervention highlighted reprehensible behaviors, including the deliberate distortion of statements recorded in hearing minutes, the service of judicial documents at fictitious addresses in collusion with the parties concerned, as well as voluntary delays in the processing of files to manipulate judicial proceedings. In addition, the failure to perform duties, mismanagement of registers and the loss of documents seriously compromise the smooth running of judicial cases.
The indiscipline of the clerks also extends to practices such as the failure to transcribe decisions, misleading about the progress of cases, the manipulation of appeals or appeals without producing the contested decision, thus distorting the course of justice. The seriousness of these acts cannot be ignored, as they compromise the integrity of the judicial system and public confidence in the institution.
Furthermore, the First President strongly condemned any attempt to denigrate magistrates through misleading information relayed on social networks. These attacks aim to unfairly discredit judicial actors and sow doubt in the minds of the public, thus compromising the fairness and transparency of judicial proceedings.
It is essential to highlight these harmful practices, to strengthen the training and supervision of clerks, in order to guarantee the integrity and efficiency of the Congolese judicial system. Transparency, fairness and due process must be core values to ensure justice for all citizens.