President of the Democratic Republic of the Congo

Presidential powers

The semi-presidential system established by the constitution is largely borrowed from the French constitution. Although it is the prime minister and parliament that oversee much of the nation's actual lawmaking, the president wields significant influence, both formally and from constitutional convention. The president holds the nation's most senior office, and outranks all other politicians.

The president is able to choose the prime minister. However, the President must nominate the prime minister from among the parliamentary majority after consultation with the parliamentary majority, if an obvious majority exists, and if it does not exist, must nominate a prime minister who has a once renewable 30 day exploratory mandate to form a coalition. The prime minister and cabinet must present their plan of action to the National Assembly, which must approve the government and the plan of action by an absolute majority. Only the National Assembly has the power to dismiss the prime minister's government.

• When the majority of the Assembly has opposite political views to that of the president, this leads to political cohabitation. In that case, the president's power is diminished, since much of the de facto power relies on a supportive prime minister and National Assembly, and is not directly attributed to the post of president. Still, the constitutional convention is that the president directs foreign policy, though he must work on that matter with the Minister of Foreign Affairs.
• When the majority of the Assembly sides with him, the President can take a more active role and may, in effect, direct government policy. The prime minister is often a mere "fuse"and can be replaced if the administration becomes unpopular.

Among the formal powers of the president:

• The president ensures respect of the constitution and ensures the proper functioning of the public authorities and institutions as well as the continuity of the State. He guarantees the independence, territorial integrity, and sovereignty of the nation and ensures the observance of international treaties.
• The president appoints the Prime Minister and, acting on the advice of the latter, appoints and removes the other members of the government.
• The president convokes and presides at meetings of the Council of Ministers, promulgates the laws, and issues ordinances
• The president invests the elected Governors and Vice-Governors of the Provinces with their powers.
• The president appoints, suspends, and removes, on the proposal of the government and after deliberation by the Council of Ministers:
  • Ambassadors and other diplomatic personnel;
  • Officers of the armed forces and national police, after hearing the opinion of the High Defense Council;
  • The general chief of staff, the chiefs of staff and the commanders of the main branches of the armed forces, after hearing the opinion of the High Defense Council;
  • High-ranking civil servants;
  • Persons in charge of public services and establishments;
  • Representatives of the State (other than auditors) in public enterprises;
  • Judges and public prosecutors on the proposal of the High Council of the Judiciary.
• The president is the commander-in-chief of the armed forces and chairs the High Defense Council.
• The president confers national honors.
• The president may declare a state of emergency or a state of siege "When grave circumstances constitute a present threat to the independence or the integrity of the national territory or when they provoke the disruption of the proper functioning of the institutions."
• The president may declare war with the authorization of both chambers of parliament, after deliberation by the Council of Ministers, and after hearing the opinion of the High Defense Council.
• The President may grant pardons or commute or reduce sentences.
• The President appoints and accredits ambassadors to foreign countries and international organizations, and receives ambassadors accredited to the Democratic Republic of the Congo.
• The President defines national policy in coordination with the government and is responsible, in cooperation with the government, for defense, security, and foreign affairs.
• The president has a very limited form of suspensive veto: when presented with a law. The president can request another reading of it by parliament, but only once per law.

Requirements

Article 72 of the Congolese constitution states that the President must be a natural-born citizen – or more accurately: – of the Democratic Republic of the Congo, and at least 30 years of age. Additionally, the President must be free of any legal constraints on their civil and political rights.

Article 10 of the same constitution defines citoyen d'origine as : "anyone belonging to the ethnic groups whose persons and territory constituted what became the Congo (currently the Democratic Republic of the Congo), at independence".

Succession

Articles 75 and 76 of the constitution state that upon the death or resignation of the President, the vacancy of the position is declared by the Constitutional court. The President of the Senate then becomes interim president.

The Independent Electoral Commission has to organize elections between sixty (60) and ninety (90) days after the official declaration of vacancy by the Constitutional court.

Other information

• the Palais de Marbre; it houses foreign official guests;
• the Domaine de la Rwindi in Goma, Nord-Kivu.

Elections

Under the 2006 constitution, the President is directly elected to a five-year term – renewable only once – by universal suffrage. The first President to have been elected under these provisions is Joseph Kabila, in the 2006 elections.

After the president is elected, he goes through a solemn investiture ceremony.

2023 election

Main article: 2023 Democratic Republic of the Congo general election

References

References

1. "20 dead in Congo unrest as Kabila clings on to power". IOL.
2. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 69] {{webarchive. link. (5 July 2013 .)
3. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 81] {{webarchive. link. (5 July 2013)
4. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 79] {{webarchive. link. (5 July 2013)
5. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 80] {{webarchive. link. (5 July 2013)
6. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 82] {{webarchive. link. (5 July 2013)
7. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 83] {{webarchive. link. (5 July 2013)
8. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 84] {{webarchive. link. (5 July 2013)
9. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 85] {{webarchive. link. (5 July 2013)
10. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 86] {{webarchive. link. (5 July 2013)
11. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 87] {{webarchive. link. (5 July 2013)
12. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 88] {{webarchive. link. (5 July 2013)
13. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 91] {{webarchive. link. (5 July 2013)
14. [http://www.constitutionnet.org/files/DRC%20-%20Congo%20Constitution.pdf Constitution of the Democratic Republic of the Congo, 2006, article 137] {{webarchive. link. (5 July 2013)
15. [https://docs.google.com/viewer?a=v&q=cache:zsvp_Yb0a6YJ:www.constitutionnet.org/files/DRC%2520-%2520Congo%2520Constitution.pdf+&hl=fr&gl=tn&pid=bl&srcid=ADGEEShsFa8um4IpMsa5jk9U-wKI5DFcCEyQACTh8M6Vj5pgFHv-84M2c6czqYUSCEwnrvkCO-Mx1aYkIOwdVD3rudepvSzLcqZnU3XbuQ5wU9nw4Kz0Ylj3pd5G_cY6eDKb_cguznQq&sig=AHIEtbTJRitY7QE1Xs-wHhhaNJYL4hn_Kw Constitution of the DRC]
16. "Circumvention of Term Limits Weakens Governance in Africa".
17. "Résultats des élections combinées du 20 décembre 2023". [[Independent National Electoral Commission (Democratic Republic of the Congo).
18. (9 January 2024). "Audience publique du 09 janvier 2024 – Contentieux des résultats de la présidentielle". [[Constitutional Court of the Democratic Republic of the Congo.