Constitutional Court: 20 cases tried and called in normal and screening procedure

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Kinshasa, October 10th, 2021 (CPA) .- The Constitutional Court sitting in matters of interpretation, rectification of material errors and control of constitutionality ruled and called, Friday, in its public hearing, at the Place Royale in the commune of Gombe, two cases in normal procedure and 18 others in screening procedure. For the first cause, dealt with under normal procedure, the request of the President of the National Assembly for the interpretation of articles 211 and 12 paragraph 2 of the constitution, and article 53 bis of organic law no 10/013 of July 28, 2010 , as amended and completed to date, on the organization and functioning of the Independent National Electoral Commission (INEC), the Court declared itself incompetent to hear the chief request for interpretation of Articles 211 and 12 al. 2 as well as that of art. 53 bis of the law. On the other hand, it is competent to know the other heads of consecutive request and receives the request. It notes the indicative nature of the deadline and says that the deadline proscribed in article 53 bis, which follows the amendment made by organic law no. 13/012 of April 19, 2013, was only in effect during the period of 15 days, from the promulgation of the organic law in question and whose modification of July 3, 2021 affects the organic law n.10 / 013 of July 28, 2010. From the foregoing, the Court said that the time limit referred to in Art. 12 al. 2 on the modification made by organic law n.21 / 012 of July 3, 2021, cannot be applicable to the case of facilitators in the process of being appointed. However, said the Court, this provision, which will apply at the end of the mandate of the bodies installed, from the communication of June 30, 2021, cannot be retroactive. The National Assembly may continue the process of appointing leaders and installing new INEC executives, without having regard to the time limit prescribed in articles 12 and 73 bis of law n.010 / 013 of July 8, 2013, such as amended and supplemented to date, provisions which are not applicable in the usual case. As for the request of Auguy Musafiri Nkola Myoma, deposed governor of the province of Maniema, for rectification of material errors contained in the judgment under R.const. 1570 rendered on June 18, 2021, in the case which opposed him to the Provincial Assembly of Maniema and the president of the latter, the Court declared itself competent. However, she declared the present complaint inadmissible in application of the general principle of non bis in idem law which means: one cannot judge the same thing twice by the same judge. For the 18 other cases dealt with in the screening procedure, the Court declared itself incompetent to call these cases.

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