On the 19th December 2016 the last term of President Joseph Kabila went out. The Democratic Republic of Congo we’re the opposition negotiation through Conférence Episcopale Nationale du Congo (CENCO) agreement on the 31st December 2016. Still, the President hasn’t left any sign of leaving. As the Army are fighting on different front, are trying to avoid more problems, but having civil war situation in Kasai-Oriental, where the province has rebels killing and the army doing the same.
There are not been any visible signs that he is stepping down or giving way. Neither any clear signs of up-coming elections. Like there are just figment of imagination that his term went out in December 19th 2016. That is 4 months and 20 days that he is on overtime, without any consideration of the violation of the Third Republic. The Democratic Republic of Congo deserves better and should have legitimate President. Also, if you count days he has already spent total 141 days, which he shouldn’t be the Commander-in-Chief and President.
Therefore, 141 days on overtime, the news that he has unleashed a new cabinet and new set of ministers. Proves the violation and the rights of the Republic is being misused and misguided. I don’t care to look into the men and woman appointed, because that isn’t fair to the citizens of the DRC. They deserve a legit President and a regime they have elected. Not someone using the army and the resources as their personal business.
Even if on this date that the President appointed 47 Ministers and 11 Vice-Ministers. They are surely all loyal to Kabila, as they doesn’t care about the constitution, nor the laws that the Third Republic are supposed to have.
The Constitution of 2005 says clearly:
“Article 70: The President of the Republic is elected by direct universal suffrage for a term of five years which is renewable only once. At the end of his term, the President stays in office until the President-Elect effectively assumes his functions” (Democratic Republic of Congo – The Constitution of 2005).
So he has had two terms, plus the waiting term after the assassination of his father, who also was President. Therefore, because of that, he has already had three terms in that respect, but only elected in two. Now he is on his fourth without any consent or ballots. That because cannot be elected as long as the Constitution is written like this. The thing that he didn’t do, like many other totalitarian leaders, they change the laws to fit their paradigm and continues “legally”. He is functioning as President while waiting to President-Elect assumes his functions. But with no election and no plan of doing so, there is no evidence of him leaving.
That is even more evident as he changes and appoint a new Cabinet, with lots of ministers loyal to him. It is within the law that he appoint ministers. Still, it is 141 days since he had legitimate powers and was the President. Right now, he shouldn’t be preoccupied with who leads Communications or where Lambert Mende is working. President Kabila, should be come a civilian or join Yayah Jammeh in Equatorial Guinea, even go to Togo like Mobotu!
“After a weekend of confusing reports on Mobutu’s whereabouts, CNN confirmed on Monday that he was in Togo, escaping there early Sunday just ahead of rebels advancing on his home in the northern Zairian village of Gbadolite” (…) “Mobutu — who fled Kinshasa on Friday, the day before rebels entered the capital in force — was resting in a residence belonging to his old friend, Togolese dictator Gnassingbe Eyadema, government officials in the West African nation said” (Arnett, 1997).
So if he would do the 3rd Republic a favor, he would leave the Presidency and leave the Nation. It doesn’t seem to be possible at this point. President Kabila has not conceded or tried to give way. Therefore, the trust of him leaving power, seems day-by-day unlikely. President Kabila shows that he uses his power and capacity, as the army are loyal to him. This proves that the elections seems far-fetched, since he has not showed anything feasible or even tried to even get tenders for ballots.
That President Kabila will say elections are expensive, the are to many rebellions, that the M23 are in the Kivu’s, that FDLR are doing their thing, that ADF-NALU still existing, that the Kamunia Nsapu and other groups killing in different provinces. This will all be used as tactics to postpone the elections and make sure there are no official date for elections, nor ordering ballots or securing funds for the Commission Electorale Nationale Indépendante (CENI). They will all be left behind, since there are no plans or wish of the President to get a successor. That means he will leave all his power behind!
This new government is just a disgrace… and not respecting the Constitution of the 3rd Republic. Neither, it is clear disrespect of the people and republic. President Kabila doesn’t own the nation and the public doesn’t owe him anything, they deserves some who legitimate rule them. Time for Kabila to follow the fleeing President and leave for Togo! Peace.
Arnett, Peter – ‘Mobutu in Togo as Zaire rebels assume leadership’ (19.05.1997) link:http://edition.cnn.com/WORLD/9705/19/zaire/index.html?eref=sitesearch