Recent developments in the States General of Justice in Kinshasa have sparked a lively debate about the state of health of the Congolese justice system. Initiated by President Félix Tshisekedi, this work aims to identify the ills afflicting the judicial system and to propose adequate solutions to cure it.
At the heart of the discussions, Professor Tshibangu Kalala’s proposal to replace the High Council of the Judiciary with a Council of Justice had the effect of an intellectual bomb. According to this eminent professor, justice is not limited to the judiciary; it is a sovereign function of the State. Thus, the creation of a High Council of Justice would provide a more comprehensive and inclusive response to the problems encountered by the judicial system.
The idea of reducing the number of members of this council, from 326 to around thirty, is also put forward to ensure greater efficiency and increased representativeness. Among the proposals, we find the need to include the President of the Republic, the Minister of Justice, the magistrates of the bench and the prosecution, independent figures from civil society and lawyers in its composition. In addition, Professor Kalala recommends that the Minister of Justice be empowered to initiate disciplinary actions against magistrates.
The discussions between the auditors and the expert in International Law and Public Law highlighted the urgency of rethinking the functioning of the Congolese justice system. The various proposed reform avenues aim to strengthen the independence and impartiality of the judicial system, which are essential to guarantee the rule of law and the protection of citizens’ rights.
Beyond the technical and institutional aspects, it is essential to emphasize the importance of citizen participation in the reform of justice. The transparency and openness of the reform process will help to establish a climate of trust between citizens and the judiciary, thus promoting the emergence of a fairer and more equitable justice system for all.
In conclusion, the ongoing general assembly on justice in Kinshasa offers a unique opportunity to thoroughly rethink the Congolese judicial system. By relying on innovative proposals and integrating citizens’ concerns, it is possible to build a stronger, more efficient justice system that is more respectful of the fundamental rights of each individual.