** Analysis of the separation of powers at the heart of Congolese justice: the declarations of Paul-Gaspard Ngondankoy in perspective **
The recent intervention of the deputy and constitutionalist professor Paul-Gaspard Ngondankoy during the start of parliamentary school highlighted a crucial problem in the Congolese legal and political landscape: the presence of members of the government, in particular of the Minister of Justice Constant Mutamba, in the hearing rooms. This situation, which could seem harmless at first, actually raises fundamental questions about the independence of the judiciary and the principle of the separation of powers, a vital concept for the proper functioning of a democracy.
Ngondankoy, in his capacity as second vice-president of the PAJ commission (policies and judicial administrations) of the National Assembly, evokes a phenomenon which is not new in many countries where the executive power tries to interfere in judicial affairs. According to him, this presence “violates the principle of independence both of the judiciary and the impartiality of the judge in the exercise of his functions”. It thus opens a necessary debate on the way in which the Congolese political tradition has evolved in the face of the imperatives of justice and legitimacy.
### A separation of powers at risk
The idea of separation of powers, developed by Montesquieu, is based on the belief that the interaction between the legislative, the executive and the judiciary is crucial to guarantee civil freedoms. In the Congolese context, the Constitution clearly stipulates that the judiciary must be independent. However, reality on the ground shows a sometimes disturbing interaction between the various powers, often to the detriment of judicial integrity.
The figures speak for themselves. According to studies by international organizations on the rule of law, 62 % of Congolese believe that political influence on the judicial system compromises the impartiality of trials. This overwhelming observation underlines the urgency of a public debate around the presence of the Minister of Justice in the courts.
### Practical repercussions and concrete cases
In several mediatized cases, the presence of members of the government in the trial was able to create a climate of distrust. Observers suggest that the Minister’s intervention can influence the decisions of the judges, generating underlying pressure which aims to direct the results towards verdicts favorable to the power in place. Take for example the recent trial against opposition political figures, where the presence of government representatives has aroused suspicion of the integrity of the judgment. Fair trials, guarantors of democratic balance, then become a chimera.
### to a necessary redesign of the legal framework
Ngondankoy’s denunciation is not only a criticism, but also a call for action. It raises the need for questioning the protocols governing the interaction between the judiciary and the executive. Paradoxically, the ineffectiveness of the control and balance mechanisms in force allows this interference to continue.
A reform could impose itself, through the creation of devices establishing clear restrictions on the presence of government members during judicial hearings, while strengthening the powers of autonomy of the judicial bodies. Models of countries such as Canada or Germany, where clear separations exist, could serve as a reference.
### Conclusion: the path to fair justice
In the end, the words of Paul-Gaspard Ngondankoy must be understood as a collective awareness on the importance of maintaining justice as a bastion of the rights of each citizen. It is imperative that the Congolese understand that the defense of judicial independence is directly linked to the preservation of their democracy.
Congolese justice is a turning point, and it is up to each actor, whether political, citizen or judicial, to contribute to this overhaul necessary to guarantee its integrity. In a country where judicial power is often perceived as a tool at the service of executive power, it becomes essential to rethink this dynamic to restore the confidence of the people towards their institutions. The voice of Ngondankoy then resonates as an echo of the struggle for a republic where justice would not only be an aspiration, but a tangible reality for all.