** The pending magists: a reflection on the mechanization of the Congolese judicial system **
In the judicial landscape of the Democratic Republic of Congo (DRC), a worrying situation is emerging, tinged with waiting and concern for a group of 2,500 winners from the last competition of the magistracy. While the Minister of Budget, Aimé Boji Sangara, recently clarified the status of these new magistrates, it turns out that their care by the State is conditioned on their official appointment by presidential order. This situation raises deep questions about administrative mechanisms and institutional implications, and it echoes a larger problem: structuring and financing of the judiciary in the DRC.
### A legal system looking for reforms
Minister Boji Sangara’s response recalls the importance of adequate budget management and respect for constitutional prescriptions. Article 149 ultimately of the Constitution stipulates that the judiciary must have a budget developed by the Superior Council of the Magistracy (CSM). However, it appears that out of the 262 billion CDFs provided for the judiciary in 2024, only crumbs are allocated to the pending winners, while the amount initially allocated for their management has been redirected to a readjustment of the scales of the magistrates in function.
At first glance, the use of these credits might seem logical in a context where the remuneration of the magistrates already in office is crucial for the motivation and recognition of their work. However, this decision raises legitimate questions about government priorities in terms of legal reform. Is it more important to adjust the salaries of established magistrates than to integrate new talents within the judicial system, which already suffers from a chronic shortage?
### The socio-political context: a critical turning point
The manifestation of these magistrates in Kinshasa, revealing a broader discomfort, testifies to the growing impatience in the face of the perceived ineffectiveness of the Congolese institutions. Voices are rising to denounce what they consider a systemic humiliation, a feeling that has crossed the history of the country. Comparedly, judicial systems from other African countries that have also fought for better governance, such as Kenya, very quickly joined reforms that have increased public confidence towards the justice system. The difference lies in the political commitment and the proactive response of governments to similar crises.
In the DRC, it is not just the administrative slowness that is at stake, but a real crisis of confidence in the judicial system. The delays in the appointments of magistrates influence not only on their lives, but on the entire population, which depends on harmonious justice to guarantee their rights. This link between legislation and daily life is crucial to understand the severity of the current situation.
### Master the situation: what long -term perspectives?
The Declaration of Constant Mutamba, Minister of State responsible for justice, according to which there are work sessions provided before the appointment and budgeting of magistrates, suggests that an awareness exists within the government. However, is this initiative not too late? The negative effects of late administrative decisions can be devastating, as they not only affect the morale of magistrates but also the ability of the DRC to strengthen a functional judicial system.
The figures speak for themselves: if we look at the World Bank report on the business climate in the DRC, the country has experienced a continuous decline in confidence in the legal system, which is affected by the slowness of legal proceedings and lack of means. By integrating these new magistrates, the government could not only settle a question of human resources, but also to stimulate a positive dynamic within a breathtaking judicial system.
### Conclusion: a need for transformation
Finally, developments around the 2,500 waiting magistrates are just a symptom in a much wider problem. To restore confidence in the DRC’s judicial system, it is imperative that government bodies are resolutely committed to structural and budgetary reforms, thus ensuring that the winners can access their legitimate place in the judicial landscape. By turning this situation to their advantage, decision -makers could strengthen the legitimacy of institutions while giving hope to a people in search of fair and effective justice.
Through a real commitment and decisions focused on the future, the Congolese authorities can set up justice which not only inspires confidence, but also contributes to building a nation where the rights of each citizen are respected and protected.