Professor Carlos Mupili spoke a few hours after the publication of the press release from the President of the DRC’s dircab authorizing members of the resigning government to carry on with current affairs.
According to this legal expert, this correspondence does not comply with the constitution. It also contradicts the judgment of the High Court.
Professor Mupili insisted on recalling the principle according to which the President of the Republic is not above the law.
“The Head of State is not above the constitution. Its power is exercised within the framework of internal public law which is a right of prescription. In matters of public law, the rule is competence. And all competence is attribution. Therefore, every act taken by the president must be prescribed in the constitution“, he said.
This, before warning that with this press release, the President exposes himself to legal proceedings. It is up to the public prosecutor’s office at the constitutional court to take charge of the case.
It should be remembered that the outgoing Prime Minister, Jean-Michel Sama Lukonde, had submitted the request to the constitutional court, asking the latter to authorize him to accumulate functions. This request was found not to be in conformity with the supreme law of the country by the high court.
It was against all expectations that yesterday, in a press release, the chief of staff of the President of the Republic authorized members of the government to sit in the national assembly and continue to deal with current affairs.
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Emongo Gérôme
2024-02-22 07:41:10
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