The official invalidation, dated 5 January 2024, was welcomed by a large part of civil society, the ruling parties and part of the opposition. It was also a source of controversy in the country, and was subsequently contested by the invalidated MP candidates, who filed a petition for interim relief with the Council of State to have their invalidation annulled. Among the MPs are three provincial governors and three ministers who have been removed from office.
Lawyers for the invalidated candidates accused the electoral commission of exceeding its jurisdiction by invalidating their clients. They also denounced a violation of the rights of the defence, claiming that the electoral commission had taken its decision without first hearing the parties concerned. For its part, the electoral commission contested the competence of the Council of State in this case, arguing that the dispute fell within the scope of electoral litigation, which falls under the jurisdiction of the Constitutional Court.
Christophe Muyisa, a lawyer and activist with the Filimbi citizens' movement which campaigns for change in the DRC, explained the rejection of the invalidated candidates' petition on the grounds of a procedural defect. He asserts that the invalidated candidates should refer the matter to the Constitutional Court.
The activist also believes that the president of the electoral commission has over reached by giving himself powers that are not recognised by law – that of invalidating candidates accused of fraud, which falls under the powers of the Constitutional Court.
Many human rights organisations in the DRC are calling for sanctions against candidates invalidated for fraud, corruption, vandalism or illegal possession of electoral materials. REDHO, a human rights organisation based in Butembo in North-Kivu, is calling for a public trial for all those who engage in electoral fraud to get elected in the DRC.
The initiative that led to the invalidation of 82 national deputy candidates is a step towards improving the ethics within the Congolese political arena, says Germain Kambinga, president of the political grouping "LE CENTRE", who encourages the electoral commission to do more.
The Council of State has declared itself incompetent to deal with the request of the invalidated MP candidates, and the case has been referred to the Court of Cassation. The invalidated deputy candidates have been banned from leaving the DRC, and one of the 82 invalidated MP candidates, Justin Kalumba, a former minister, has appealed to the electoral commission to contest his invalidation. On 13 January his name was published on the list of elected MP candidates for Maniema province.
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