The Common Front for Congo (FCC) has strongly condemned the recent announcement by Justice Minister Constant Mutamba, who ordered military justice to initiate proceedings against former President Joseph Kabila Kabange. The FCC accuses the government of violating constitutional protections granted to the former head of state.
In a press release issued on Friday, May 2, and signed by Raymond Tshibanda, president of the FCC crisis unit, the political coalition denounced what it described as “a flagrant attempt to violate the Constitution and the laws of the Republic by Kinshasa’s dictatorial regime.
The FCC cites Article 104, paragraph 7, of the Constitution, which grants lifelong senator status to any former president elected through democratic means. According to the coalition, this protection is “inalienable, imprescriptible and without political colouration,” meaning it cannot be removed for political or judicial motives.
“THIS STATUS CANNOT BE CHALLENGED BY THE SENATE OFFICE, NOR BY ANY ADMINISTRATIVE OR JUDICIAL AUTHORITY,” THE STATEMENT EMPHASIZED.
The FCC further referred to Article 8 of Law No. 18/021 of July 28, 2018, which sets out the only legal procedure to prosecute a former president for acts committed outside his official duties.
According to this law, any proceedings must first receive approval through a two-thirds vote by both chambers of Parliament meeting in Congress.
“ANY PROSECUTION OF THE HONORARY PRESIDENT MUST FOLLOW THIS PROCEDURE WITHOUT EXCEPTION,” INSISTED THE FCC.
The coalition believes that the Justice Minister’s announcement was part of “deliberately orchestrated provocations” designed to tarnish Joseph Kabila’s image as a wise statesman and constitutionalist.
“THESE ACTS ARE INTENDED TO DESTABILIZE THE MORAL AUTHORITY OF JOSEPH KABILA AND DISRUPT NATIONAL COHESION,” THE FCC WARNED.
Despite the controversy, Jean-Michel Sama Lukonde, President of the Senate, announced during a plenary session on Friday, May 2, that he had accepted the request from the FARDC Auditor General to consider lifting Joseph Kabila’s immunity.
This move adds a new layer of political tension, raising questions about judicial independence, constitutional safeguards, and the balance of power within Congolese institutions.
As the legal and political drama unfolds, all eyes are now on Parliament, which holds the constitutional key to determine whether formal charges against the former president can proceed.
