On Monday 22 June 2020, member of parliament and former Speaker of the National Assembly Aubin Minaku, issued further clarification on why he wants to see changes in the judicial system.
According to Minaku, the changes will define the type of authority the Minister of Justice will have on the court prosecutors; with the aim of seeing migistrates and lawyers be held accountable. Minaku was quoted as saying that he wants corrupt magistrates to be arrested.
But opposition leaders and civil society have strongly come out against any move to transform the judiciary. They have accused Minaku of orchestrating an attempt by members of his coalition movement, the Common Front for Congo (FCC), to capture the justice system, by giving the Minister of Justice excessive powers.
This according to them may interfere with the independence of the judiciary, which is guaranteed and clearly detailed in Article 149, 150 and 151 of the Constitution.
FCC, which had appointed former President Joseph Kabila as its moral authority, holds majority seats in the National Assembly; and its member Tunda Ya Kasenda, is also the current Congolese Minister of Justice.
Recently there have been tension between Minister Kasenda and Attorney General of the Court of Cessation Victor Mumba Mukomo , after the minister demanded an observation in the judicial investigation against the Director General of the State Multimodal Freight Office, Sayiba Tambwe (who is also member of FCC). The Attorney General blocked the request as he viewed it as an attempt to interference in the work of the judiciary.
The proposal made by Minaku to transform the justice system includes :
Amending the law on the organisation, functioning and competency of the courts
Amending the law on the statute of the magistrates.
Amending the law on the functions of the Superior Council of the magistrates.
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