Foreword

Abstract

The articles contained in this volume of the African Law Study Library were prepared fol‐ lowing the eleventh seminar on the rule of law in the Democratic Republic of Congo (DRC) organized by Konrad Adenauer Foundation (KAS) for PhD students from the Uni‐ versity of Kinshasa and other legal researchers and practitioners. They deal with various le‐ gal issues relating to judicial organization, electoral disputes, police intervention, salary as‐ pects, environmental protection and intervention of the Catholic Church in protecting the freedom to demonstrate. All of these articles provide a glimpse of progress made and pend‐ ing challenges to be addressed with regard to consolidation of the rule of law in DRC. The first five articles deal with matters concerning judicial administrative organization through the General Inspectorate of Judicial Services, structure and functioning of the Na‐ tional Judicial Training Institute, the manner in which judicial officers exercise their profes‐ sion independently, right of appeal in commercial disputes as well as right of appeal per‐ taining to election related disputes for provincial Governors and Vice-Governors. Article by Clément Shamashanga Minga entitled "General Inspectorate of Judicial Services: Is judicial service operating within the Congolese Constitution of 18 Februa‐ ry 2006?” examines the General Inspectorate of Judicial Services instituted under the Sec‐ ond Republic by Order of 23 June 1987 in a context marked by lack of judicial indepen‐ dence. There was a certain opinion that the creation of this public entity, which falls under the Ministry of Justice (executive power), was an expression of erosion of the judicial inde‐ pendence which would subsequently undermine the principle of separation of powers, a feature in the rule of law as enshrined in the Constitution of 18 February 2006. However, the author argues that the existence of Inspectorate-General of Judicial Services does not violate the principle of separation of powers. In his view, the existence of a public entity with the mandate to monitor operations of judicial institutions and ensuring proper adminis‐ tration of justice by courts and tribunals and directorate of public prosecution is indeed a mechanism for strengthening the Judiciary. He recommends that this Order should be re‐ vised to repeal all powers that are unconstitutional. Article by Moïse Abdou Muhima on "Organization and Operation of the Profession of Judicial Officers in the Democratic Republic of Congo: Current Status and Current Issues" interrogates the expediency to deregulate the judicial officers’ profession in DRC and the role played by them in the administration of justice. The author notes that before the organic law governing the judicial officers’ profession in 2016, they did not benefit appro‐ priately from the necessary safeguards allowing them to play their role as independent and intermediary justice officers for the development of local justice. With the entry into force of this organic law, the judicial officers’ profession was structured around the national and provincial chambers. Each one of these structures is composed of a General Assembly, a Board and an Auditor. These various bodies enhance the efficiency and integrity of the pro‐ fession. This reform has allowed judicial officers to organize themselves into an au‐