End of the Kabila era in sight
Publish date: 21 January 2019
Issue Number: 807
Diary: IBA Legalbrief Africa
Category: DRC
As the dust begins to settle following one of the most extraordinary elections in history, the DRC is preparing for the post-Kabila era. Legalbrief reports that 21 years after Laurent Kabila swept into power when he overthrew Mobutu Sese Seko, his son Joseph has pledged to step down – a move that is now likely to take place tomorrow. And observers across the globe are trying to unpack an unprecedented political scrap which saw a poll that was allegedly rigged by the ruling party in favour of the opposition. The Constitutional Court yesterday upheld the victory of opposition presidential candidate Felix Tshisekedi. It rejected an appeal by Martin Fayulu, another opposition contender in the fiercely contested 30 December poll. Fayulu argued that Tshisekedi had made a power-sharing deal with Kabila. BBC News reports that the court said Fayulu had failed to prove that the election commission had erred. It declared Tshisekedi ‘President of the Democratic Republic of Congo by simple majority’. Many worried that the court's rejection of the appeal could lead to greater instability in a nation that already suffers from rebels, communal violence and an Ebola outbreak. A report on the EWN site notes that Fayulu says the court has confirmed serving a dictatorial regime by validating what he calls false results and enabling a ‘constitutional coup’.
In a promising development, Kinshasa has remained calm after the court ruling and it is not clear if the public would heed Fayulu's call for non-violent protests. A report on the News24 site notes that Tshisekedi yesterday said the court's decision to reject claims of electoral fraud and declare him president was a victory for the entire country. ‘It is DRC that won,’ said Tshisekedi, speaking to his supporters after the court decision. ‘It is not the victory of one camp against another. I am engaged in a campaign to reconcile all Congolese. The Congo that we are going to form will not be a Congo of division, hatred or tribalism. It will be a reconciled Congo, a strong Congo that will be focused on development, peace and security.’ Supporters of his UDPS party celebrated the victory into the early morning hours, in motorcade processions through the capital's main streets. However, Fayulu's declaration that he is DRC's ‘only legitimate President’ threatened to keep the country in a political crisis that has been simmering since the 30 December elections. The largely untested Tshisekedi is set to be inaugurated tomorrow and the new National Assembly will be installed on 26 January with a small group of members who will then validate the 500 deputies, the majority of whom belong to Kabila's Common Front for DRC party.
The AU said there were ‘serious doubts’ about the poll results. The organisation was supposed to send a delegation to the DRC today, but has now postponed the trip. Nevertheless, a TimesLIVE report notes that SA has saluted Tshisekedi on becoming President-elect. Presidential spokesperson Khusela Diko said Cyril Ramaphosa has also congratulated the people of DRC for conducting peaceful elections and commended them for exercising great restraint and staying calm while waiting for the Constitutional Court ruling. ‘And now that the highest court in the land has ruled, all the people of Congo and all stakeholders are urged to accept the outcome of the court and move on to consolidate democracy and preserve peace, stability and security of the country,’ Diko said. Ramaphosa had also reiterated the need to respect the sovereignty and territorial integrity of the DRC in keeping with UN Charter, the AU Constitutive Act and the SADC Treaty.
Southern African leaders have made it clear to the international community that the sovereignty and constitution of the DRC must be respected, and there must be no outside interference in the country’s internal legal and political processes in finalising the electoral process. In an analysis on the IoL site, Shannon Ebrahim notes that this is an important position given the history of the DRC from King Leopold to Mobutu sese Seko, and the more recent efforts of outside powers to influence the future trajectory of the country. ‘The DRC may have attained independence in 1960, but it has never been free of the great power game that has played its politicians like puppets for too many years. The country’s Constitutional Court was only established in 2006 and became fully functional just over three years ago in 2015. While the concern of the political opposition is that the court may not be impartial, given that its nine judges are appointed by the President, it would be wrong to circumvent the power of that court to pronounce on the way forward in the election process.’
Seeing the people of the DRC cast their votes was a ‘blessing’ for Michel Matamba who fled the country in 2009. A TimesLIVE report notes that he now lives in Johannesburg. ‘I left home after I was forced to join the army. All men were forced to join the army. At the time, there was a fight between Congolese people.’ He said the elections were a blessing for the country and its people, who have never had the opportunity in the past. ‘I have never seen any elections in the country since I was born. I am proud of my country and my people,’ Matamba said. Nevertheless, Matamba has no intention of going back. ‘I can only go there to visit my family and come back. There is still a lot that needs to be done. Our people are suffering. They need jobs,’ he added.
