These motions concern the rectification of these Judgments because of material error in accordance with a provision of the organic law creating the Constitutional Court. Until yesterday, about fifty cases in dispute have already been filed with the Court for rectification.
The cases presented have similarities. There are cases like that of MLC Raphael Kibuka, best elected from Kinshasa to Mont-Amba with 26,000 votes that was invalidated. Others such as validated deputies whose political parties and political groups have not reached the threshold of 1% of vote at the national level- While this is the sine qua non condition to be proclaimed elected. There were also cases where the applicants had withdrawn, but the Court ignored the discontinuance and rendered its judgment as if nothing had happened.
The debate, in all the political chapels around the unquestionable of these judgments of the Constitutional Court that violate the Constitution as the electoral law that gives the High Court a period of 60 days, without a day to finish the litigation election for the national deputation. The thinking of these protesters can be summed up in this argument given by the national deputy Julien Paluku Kayonga, of the FCC after his hearing yesterday with Benoit Lwamba Bindu, the President of the Constitutional Court where he filed the three motions in contestation of his platform three of whom are declared invalid for the benefit of those who did not reach the 1% threshold.
He believes that this serious error must be corrected in the form of a material error and say the Right. For the MP Julien Paluku, the Court has only 60 days maximum to finish the electoral dispute as stipulated in the electoral law and confirmed in the organic law creating the Constitutional Court. Since they have gone beyond the 60-day legal deadline, the Judgments returned are void.
In this regard, the national deputy Julien Paluku urgently initiates two bills of amendment already from the beginning of the ordinary session of September 2019. The first concerns the incision he will add to the electoral law on the disposition of the term of 60 days electoral dispute as follows: "The duration of the litigation is 60 days maximum. Exceeded this period, the results of the CENI become final ".
This will force the Court to respect the 60 days legal deadline, contrary to what it is doing today. Julien Paluku's second recasting law proposal is in the organic law creating the Constitutional Court. To prevent the errors of misjudgment on the merits of the electoral dispute not having a possible recourse, he introduces, as at the ICC, two Chambers. The first will deal with litigation at the first level and the second at the calling level. Two degrees which is not the case so far...
(CKS/Yes)