In this year 2024, one of the hot topics that animates the debates in the Democratic Republic of Congo is undoubtedly the question of judicial reform. More specifically, the Estates General of Congolese Justice, which are being held in Kinshasa from November 6 to 13, have attracted the attention of all actors in the judicial system, including the Attorney General at the Court of Cassation, Firmin Mvonde Mambu.
Firmin Mvonde Mambu, an emblematic figure of Congolese justice, ardently defends the principle of separation of powers, the cornerstone of any self-respecting state of law. Through his positions, he highlights the crucial importance of maintaining the independence of the judiciary, while recognizing the regulatory role of the executive, represented by the Minister of Justice.
However, the Attorney General does not fail to emphasize the importance of preserving the authority of the Minister of Justice over the Public Prosecutor’s Office, particularly in matters of injunction. According to him, this authority, framed by organic laws, must not encroach on the independence of public action carried out by the Prosecutor’s Office. It is in this subtle balance between judicial independence and ministerial authority that the future of Congolese justice is taking shape.
Firmin Mvonde Mambu strongly expresses his legitimate fears about any attempt to challenge this fragile balance. He warns against a possible takeover of the Prosecutor’s Office by the Minister of Justice, which could compromise the separation of powers and weaken the rule of law so sought after by the Congolese people.
Beyond institutional debates, Mvonde also calls for a broader reflection on the role of the President of the Republic in this system. For him, the Head of State must remain above partisan struggles and political issues to guarantee the independence and impartiality of justice.
In short, the ongoing judicial reforms in the Democratic Republic of Congo call for constructive and informed dialogue between all stakeholders in the judicial system. Firmin Mvonde Mambu embodies this desire to preserve the primacy of law and strengthen the rule of law in a country seeking stability and democracy.