DR Congo Deputy Demands Dismantling of Illegal Checkpoints, Citing Illicit Taxes

The Democratic Republic of Congo's provincial deputy Didier Katembera has requested that the Ministry of National Defense order the immediate dismantling of illegal checkpoints on the Mwenga and Uvira axes in South Kivu province. In a formal letter dated August 18, Katembera denounced the proliferation of these barriers, allegedly erected by Wazalendo combatants and FARDC soldiers who are imposing illicit taxes on road users.

The situation has paralyzed local commerce, with travelers on the RN5 route between Kamanyola and Baraka via Uvira facing nearly a dozen checkpoints and being forced to pay at least 5,000 Congolese francs per passage. A similar situation is reported on the Kasika-Kamituga axis. The forced collections are directly impacting local economies by restricting mobility, perturbing free circulation of people and goods, and inflating transportation costs for merchants, transporters, and agricultural producers.

The relevant statutes and regulations involved in this matter include the Congolese Penal Code and the Code of Military Justice, which prohibit extortion and other forms of corruption. The FARDC's internal regulations also govern the conduct of military personnel. The provincial deputy is calling on authorities to identify and sanction those responsible for these abuses in accordance with the law.

The key parties involved are Deputy Katembera, who represents the Bukavu constituency, and the Ministry of National Defense, which has been requested to intervene. The FARDC soldiers and Wazalendo combatants allegedly responsible for the checkpoints are also implicated. Practitioners should monitor this development as it may set a precedent for addressing similar issues in other parts of the country.

Practitioner takeaway: Attorneys representing clients affected by these checkpoints should be aware of their rights under Congolese law and advocate for their clients' interests. Businesses operating in the region should also be informed about the potential risks and take necessary precautions to mitigate them.