Twenty-eight members of the Tshibala government have until Wednesday to choose between the Executive and the National Assembly

Taking into account of the texts, they had eight days to pronounce. However, since their mandates have been validated since Wednesday, February 13, subject to the verdict of the Constitutional Court, the concerned ministers must decide not later than Wednesday, February 20th.

Are thus concerned namely Léonard She Okitundu (Foreign Affairs), Henri Mova (Interior and Security), José Makila (Transport and Communication), Joseph Kapika (Economy), Jean-Lucien Bussa (Foreign Trade), Crispin Atama Tabe (Defense ), Martin Kabwelulu (Mines), Joseph Kokonyangi (Urban Planning and Housing), Marcel Ilunga Leu (Industry), Jean-Marie Ingele Ifoto (Energy and Water Resources), Ami Ambatobe (Environment and Sustainable Development), Bienvenu Liyota (SME), Gaston Musemena (EPPS), Felix Kabange Numbi (Planning), Papy Nyango (Sports and Leisure), Steve Mbikayi (ESU), Eva Muakasa (Scientific Research), Maguy Kiala (Youth and Initiation to the new citizenship) ... and Guy Mikulu (Customary Affairs).

Also in the same situation are deputy ministers, including Agée Matembo Toto (Foreign Affairs), Maguy Rwakabuba (Budget), Papy Matenzolo (ITPR) and Noël Botakile Botanga (Agriculture).

Legal provisions

 According to Article 108 of the Constitution of 18 February in force in DR Congo, "the mandate of national deputy is incompatible with the mandate of senator and vice-versa. The same provision of the constitution adds that" the mandate of National deputy and Senator is incompatible with the following functions or mandates: member of the Government, member of a democracy support institution, member of the FARDC, the Congolese National Police and the Security Services, Magistrate, Career Officer Served by the State, the politico-administrative framework of the territorial, with the exception of the heads of collectivity-chieftaincy and grouping, active public agent (...) ".

In any case, a minister or deputy minister who prefers the Government to the National Assembly, will not have lost his mandate in the lower house. For, the revised Article 110 of the Constitution is clear on this subject. This provision of the supreme law of the country stipulates: "When a national deputy or a senator is appointed to a political function incompatible with his mandate, this one is suspended." On the expiry of his function with the nominative post, the national deputy or the senator automatically resumes his mandate…

(CKS/Yes)