Democratic Republic of Congo (DRC) : President Félix Tshisekedi rejects government resignation, requests continuation of routine affairs
In a statement released on Tuesday, February 20, originating from the office of the President of the Republic, Félix Tshisekedi instructs members of his government to handle routine matters following the resignation letter sent to him by Prime Minister Sama Lukonde on behalf of the entire government.
President Félix Tshisekedi’s decision stems from the particular situation facing the country due to foreign aggression in its eastern part. The country intends to establish a new government after the recent elections.
The same statement indicates that Sama Lukonde informed Félix Tshisekedi « that as of this day, he and the members of his government will make use of the right to suspend the resumption of their parliamentary mandate provided for in paragraphs 2 and 3 of article 110 of the constitution to avoid finding themselves in a case of incompatibility of functions ».
It is important to note that, at the request of the government of the Democratic Republic of the Congo, signed on February 1, 2024, by Prime Minister Jean-Michel Sama Lukonde Kyenge, the Constitutional Court was seized to interpret article 110, paragraphs 2 and 3 of the constitution of the Republic.
The objective of Prime Minister Jean-Michel Sama Lukonde was to obtain a ruling from the High Court allowing him, as well as his ministers, members of their respective cabinets, and those of the General Secretariat of the Government, after validation of their powers by the National Assembly, to suspend their elective mandate in order to continue their governmental duties until the formation of the new government, and then to resume their elective mandates after handing over power to the members of the new government.
The response from the Constitutional Court was clear : it’s a no-go ! According to the High Court, this provision applies to public officials whose incompatible functions arise after the validation of their powers. Consequently, once their powers are validated, they must resign from the government or other positions to make way for interim appointments, in accordance with the law and regulations in force in the DRC.
This resignation is in accordance with Congolese legislation in order to allow for the appointment of a new prime minister following the recent elections. Currently, Augustin Kabuya, appointed as an informant, is consulting the various forces in the National Assembly to form the parliamentary majority.
