Constitution congolaise et adoption des mesures exceptionnelles : Commentaire sur l’arrêt R.Const.0143 de la Cour constitutionnelle de la République Démocratique du Congo du 21 novembre 2015 relatif à l’interprétation de l’arrêt R.Const.0089/2015 du 8 septembre 2015

Abstract

The Constitutional Court of the Democratic Republic of Congo has delivered its judgment of 21 November 2015 seeking to interpret a judgment of 8 September 2015 in which it had ordered the Government to take ‘exceptional transitional measures’ in order to avoid the in- stitutional blockage due to the delay in the establishment of the new provinces, to maintain public order and security, to guarantee the regularity and the continuity of public services, before the election of provincial executives. This judgment of 21 November 2015 is a deci- sion on a partial lack of jurisdiction and total inadmissibility that leaves without solution the main question submitted by the applicant. In fact, do such exceptional transitional mea- sures include, according to the meaning provided by the Government, the power to appoint Special Commissioners and Deputy Special Commissioners of the Government responsible for the administration of those provinces? This study suggests that the Constitutional Court has wrongly applied the law, whereas it could have decided on the merits of the case and protect the integrity of the Congolese democracy in the provinces.