Joseph Kabila’s immunity will undergo scrutiny in DRC’s Senate on Thursday as Kinshasa government seeks to prosecute him for his recent travel to a territory under the control of M23 rebels, a move that has disturbed the regime.
According to emerging details obtained by Taarifa Congo Desk, a press release published on Tuesday announcing the items on the agenda of this Thursday’s plenary session, includes examination of Kabila’s immunity cover.
During the plenary session on Friday, May 2, Senate President Sama Lukonde announced that the request to lift the immunity of life senator Joseph Kabila would be examined “in accordance with the Constitution and the Senate’s internal regulations.”
Kabila is being prosecuted as a senator for alleged treason, war crimes, and crimes against humanity, in connection with the violence in the east of the country.
The minister cites “maximum evidence” implicating Joseph Kabila in what Kinshasa describes as “direct participation in the aggression led by the AFC/M23 movement.”
“In the DRC, a former president of the republic can only be prosecuted with the authorization of a two-thirds majority of the members of Congress (Article 8 of the law on the status of elected former members of the republic), warned Jean-Claude Katende of the African Association for the Defense of Human Rights (ASADHO).
He added, “Taking shortcuts to prosecute him is a violation of the law that amounts to settling scores. If we want to build a state of law that protects everyone, we must respect the laws of the country.”
Meanwhile, Seth Kikuni, a former presidential candidate considers this move an intimidation by the ruling power towards opponents.
“Joseph Kabila is a former President of the Republic. As such, his status legally protects him from any prosecution, in accordance with the principles and provisions guaranteeing the immunity of former heads of state.”
“The title of senator for life is not a legal status, but an honorary distinction intended to honor a former president. It cannot justify arbitrary prosecution,” Seth added.
He also said, “the prosecution announced against Kabila is clearly an attempt at intimidation, targeting the entire opposition through him. If a former Prime Minister (like Augustin Matata Ponyo) has not been tried, how could a former president be? This logic reveals a relentless pursuit devoid of any legal basis,” he reacted on his social media accounts.
The Common Front for the Congo (FCC) political party has denounced the move and describes it as an “attempt to violate the Constitution and the laws of the Republic” by “the dictatorial power in Kinshasa.”
FCC argues in accordance with Article 104, paragraph 7, of the Constitution, Joseph Kabila is a senator for life as a former elected president. This status, according to the FCC, is “inalienable, imprescriptible, and without political overtones,” and cannot be subject to any judicial or administrative challenge. Any prosecution, it emphasizes, must follow the procedure set out in Law No. 18/021 of July 26, 2018, which requires a two-thirds majority vote of Parliament meeting in Congress.