DR Congo: Referendum Law Deemed Promulgated After Constitutional Deadline Expires

The President of the Democratic Republic of Congo has failed to promulgate a constitutional reform law within the 15-day deadline, sparking controversy and debate over the legality of the situation.

The law in question was declared conform by the Constitutional Court on July 28, but the opposition coalition C64 and several civil society organizations have continued to demand its abandonment, citing reservations raised by the High Court regarding 13 articles of the text. The Fonds de développement du service universel (FDSU) has signed conventions for subsidies to accelerate universal connectivity and reduce the digital divide in the DRC.

The Constitutional Court's decision on July 28 was a significant development in the ongoing constitutional reform process, which has been marred by controversy and opposition. The court's declaration of conformity with the Constitution meant that the law should have been promulgated by the President within 15 days, as stipulated by Article 140 of the Constitution. However, the President's failure to do so has raised questions about the legality of the situation and the implications for the reform process.

The opposition coalition C64 and several civil society organizations have continued to demand the abandonment of the constitutional reform process, citing reservations raised by the High Court regarding 13 articles of the text. The FDSU's signing of conventions for subsidies is a separate development that aims to accelerate universal connectivity and reduce the digital divide in the DRC.

Practitioners should be aware of the ongoing controversy surrounding the constitutional reform process and the implications for the rule of law in the DRC. The situation highlights the importance of ensuring that the President complies with his constitutional duties, particularly in relation to promulgating laws declared conform by the Constitutional Court. Attorneys and businesses should monitor developments in this case and be prepared to advise clients on the potential consequences of the situation.