appointments to the Constitutional Court are, according to the lawyer, “legal”

It’s the legal reopening on Thursday, October 15th. On Wednesday, President Felix Tshisekedi received the members of the Office of the Supreme Magistrates’ Council, while the conflict continues with the presidents of the two chambers over the appointment of two constitutional judges by presidential decree. At the exit in front of the press, the Attorney General near the Constitutional Court and the Head of Delegation assured that these appointments were made in accordance with the Constitution. Why this framing?

“The judge is the big dumb one,” recalls the Attorney General near the Constitutional Court. But the head of delegation from the Office of the Supreme Judicial Council used the microphone that the presidential press extended to ensure that judges were appointed in accordance with the Constitution.

“All the procedures that are followed are legal,” he insisted. Jean-Paul Mukolo Mpolesha even confirmed that the two judges could soon be sworn in. His words are a response to the position expressed by the Speakers of Parliament’s two chambers the day before.

On Tuesday, Felix Tshisekedi had received Jeanine Mabunda and Alexis Thambwe Mwamba, both from the coalition with former President Joseph Kabila. From confirming sources, the meeting was requested by the presidents of the senate and the national assembly, as the president had expressed a desire to see the judges invest as soon as possible.

Jeanine Mabunda and Alexis Thambwe Mwamba expressed their reluctance and objected to the procedure used to appoint them, arguing that the latter did not respect the Constitution and the texts of the Republic.

Even if this is not specifically provided for in the law, traditionally since the creation of the Court of Justice, the taking of the oath took place before Parliament in Congress, which in view of tensions within the ruling coalition, no longer the case today.

Note that according to the organic law governing this court, before the members of the court are “presented to the nation” with, among others, institutions, the National Assembly and the Senate, but that it is “the President of the Republic notifies them”.