Political regime of the country
The Democratic Republic of Congo is in a semi-presidential regime where the Head of State is elected by universal suffrage and he has his own prerogatives. In addition, the Government is responsible before the Parliament.
The Democratic Republic of Congo is a state of law and is currently governed by the Constitution of February 18, 2006.
With dozens of articles devoted to fundamental rights and public freedoms, this constitution makes the Republic a state of law, independent, sovereign, united and indivisible, social, democratic and secular. It sets up a semi-presidential regime. According to its article 68, the institutions of the Republic are:
- The president of the Republic ;
- The parliament ;
- The government ;
- Courts and Tribunals.
The country’s institutional organization responds to major concerns drawn from the political experience of the Congolese people. It is indeed about:
- Ensure the harmonious functioning of state institutions;
- Avoid conflicts;
- Establish the rule of law;
- Counter any attempt at dictatorial drift;
- Guarantee good governance;
- Fight impunity;
- Ensure democratic alternation.
The President of the Republic is the Head of State. It represents the Nation and is the symbol of National Unity. It ensures compliance with the Constitution and ensures, through its arbitration, the regular functioning of public authorities and institutions as well as the continuity of the State. He is the guarantor of national independence, territorial integrity, national sovereignty and respect for international treaties and agreements.
The President of the Republic is elected by direct universal suffrage for a term of five years renewable only once.
He appoints the Prime Minister from the parliamentary majority. The regulatory acts that he signs in matters that are the responsibility of the Government are covered by the countersignature of the Prime Minister, who takes responsibility for them before the National Assembly.
Foreign affairs, defense and security, formerly the domain of the Head of State, have now become areas of collaboration between him and the Government.
The Government is made up of the Prime Minister, Deputy Prime Ministers, Ministers of State, Ministers, Deputy Ministers and Vice Ministers.
Under the leadership of the Prime Minister, he remains the Master of the conduct of the policy of the Nation which he defines in consultation with the President of the Republic. The Government is responsible for its action before the National Assembly, which can collectively sanction it by adopting a motion of censure.
The Prime Minister ensures the execution of laws and has regulatory power subject to the prerogatives devolved to the President of the Republic.
The ILUNGA ILUNKAMBA government has been in office since 2019 and is the product of the parliamentary majority coalition resulting from the elections of December 30, 2019.
Parliament is made up of two chambers, the National Assembly and the Senate. It votes laws, controls the Government, portfolio companies as well as establishments and public services.
Members of the Senate bear the title of Senator. The Senator represents his province but his mandate is national. Senators are elected in the second degree by the Provincial Assemblies for a five-year term. Like the deputies, they are re-eligible.
The Constitution of February 18, 2006 proclaims the independence of the judiciary, whose members are managed by the Superior Council of Magistracy, exclusively composed of magistrates. For more efficiency, specialty and speed in the accomplishment of their respective missions, the courts are divided into three jurisdictional orders:
- The courts of order placed under the supervision of the Court of Cassation;
- The jurisdictions of the administrative order headed by the Council of State;
- The Constitutional Court.
It should be emphasized that in terms of administrative organization, the DRC is a decentralized state. The provinces and the other decentralized entities, namely the city, the commune, the sector and the chiefdom enjoy free administration and autonomy in the management of their human, financial and technical economic resources.
The Provincial Institutions are the Provincial Assembly and the Provincial Government. The Provincial Assembly is the deliberative body of the province. It deliberates in the area of competence reserved for the Province and controls the Provincial Government which is the executive organ.