Recent debates during the Estates General of Justice in the Democratic Republic of Congo highlighted the crucial issues related to the reform of the judicial system. While President Félix Tshisekedi denounced a “sick” sector, discussions focused on the composition and functioning of the High Council of the Judiciary (CSM).
During these meetings, some elected officials advocated for an expansion of the CSM by including representatives of various bodies, such as the President of the Republic, the Minister of Justice, the National Bar Association, as well as civil society and human rights organizations. For them, justice cannot be left to the magistrates alone, and a more inclusive vision of the CSM would allow for better representation and greater transparency.
However, voices were raised to defend the independence of the judiciary. According to them, any attempt to include members of other branches of government in the composition of the CSM would constitute a violation of the principle of separation of powers. For lawyer Willy Wenga, the independence of the judiciary is an essential pillar of the rule of law, and any challenge to this independence could constitute a significant setback for democracy in the DRC.
In this context of heated debates, it is crucial to find a balance between opening the CSM to other actors and preserving the independence of the judiciary. The reform of justice in the DRC cannot be done without a thorough reflection on the institutional issues and respect for fundamental democratic principles.
However, it is also essential to recognize that the ills suffered by the Congolese justice system cannot be cured by structural reforms alone. It is necessary to invest in the training of magistrates, the improvement of working conditions and access to justice for all citizens. Only a holistic and concerted approach will allow a real transformation of the judicial system in the DRC.
In conclusion, the Estates General of Justice are a unique opportunity to thoroughly rethink the functioning of justice in the DRC and to strengthen the rule of law. It is essential that these discussions result in concrete and lasting measures to guarantee access to impartial, independent and equitable justice for all Congolese citizens.