Section 1: Political rights and democratic rules.
Chapter 1: Political Rights.
ARTICLE 29.
Section 6 is amended as follows:
Political pluralism is recognized in the Democratic Republic of Congo.
Any Congolese enjoying their civil and political rights has the right to create a political party or to affiliate with a party of their choice.
Political parties are formed and exercise their activities freely in compliance with the law and public order.
Political parties are required to respect the principles of pluralist democracy, unity, and national sovereignty.
Chapter 2: The elective mandate.
ARTICLE 30.
An elective mandate can be renewed once or re-exercised once during a lifetime.
ARTICLE 31.
Article 201 paragraph 5 is amended as follows:
A candidacy for an elective mandate is individual. The candidate for election has the right to designate the political party or political group to which he belongs.
ARTICLE 32.
No person may run for office unless they meet the following criteria:
• Be of Congolese nationality of origin;
• Be at least 18 years old;
• Have never voluntarily renounced Congolese citizenship;
• Enjoy all civil and political rights;
• Not be subject to exclusion defined by electoral law;
• Collect a defined number of petitions, representing 1% of all registered voters in their constituency, ten days before the publication by the Independent National Electoral Commission of the provisional list of candidates for their electoral constituency.
Any other criteria or fees are prohibited.
ARTICLE 33.
For all elective mandates, indirect voting is prohibited except for members of the offices of institutions.
The elective mandate is withdrawn by a defined number of petitions, representing 10% of all registered voters in one's constituency.
No one may stand as a candidate in several elections during the same legislature.
ARTICLE 34.
The elective mandate is incompatible with the following functions or mandates:
• member of the central or provincial government;
• member of an institution supporting democracy;
• member of the Armed Forces, the National Bureau of Investigation, the police, and the security services;
• magistrate;
• career agent of the State public services;
• territorial political-administrative framework;
• public agent;
• member of the cabinets of the President of the Republic, the President of the National House of Representatives, the President of the Senate, members of the government, and generally of a political or administrative authority of the State, employed in a public enterprise or in a mixed economy company;
• paid functions conferred by a foreign state or an international organization;
• any other elective mandate.
Acceptance of a position incompatible with the elective mandate results in resignation. The elective mandate cannot be recovered even after the cessation of this incompatible function.
Likewise, the presence of a person occupying one of the functions or mandates mentioned above on the final list of candidates for an elective mandate published by the Independent National Electoral Commission automatically entails his resignation.
Any cause of ineligibility, on the date of the elections, subsequently noted by the competent judicial authority results in the loss of the mandate.
Section 2: Institutions supporting democracy.
Chapter 1: Of the Independent National Electoral Commission.
ARTICLE 35.
Section 211 is amended as follows:
An independent National Electoral Commission with legal personality is hereby established.
The Independent National Electoral Commission is responsible for organizing the electoral process, the registration of voters, the maintenance of the electoral register, voting operations, counting and any referendum.
It ensures the regularity of the electoral and referendum process.
It is composed at the provincial level of 5 members elected by the Provincial House of Representatives.
It is composed at the national level of 5 members elected by the members of the provincial office of the Independent National Electoral Commission meeting in plenary session.
An organic law establishes the organization and functioning of the Independent National Electoral Commission.
Chapter 2: Of the Higher Council for Audiovisual and Communication.
ARTICLE 36.
A Higher Council for Audiovisual and Communication with legal personality is hereby established.
Its mission is to guarantee and ensure the freedom and protection of the press, as well as all means of mass communication in compliance with the law.
It ensures equitable access for political parties, associations, and citizens to official means of information and communication.
The composition, responsibilities, organization and functioning of the High Council for Audiovisual and Communication are established by an organic law.
Section 3: Democratic rules.
ARTICLE 37.
Section 7 is amended as follows:
No one may establish, in any form whatsoever, a single party on all or part of the national territory. The establishment of a single party constitutes an imprescriptible offense of high treason punishable by law.
ARTICLE 38.
Section 8 is amended as follows:
The political opposition is recognized in the Democratic Republic of Congo. The rights linked to its existence, its activities, and its struggle for the democratic conquest of power are sacred. They cannot be subject to limits other than those imposed on all political parties and activities by this Constitution and the law.
An organic law determines the status of the political opposition.
ARTICLE 39.
Section 162 is amended as follows:
The Constitutional Court judges the exception of unconstitutionality raised before or by a court.
Any person may refer the matter to the Constitutional Court for the unconstitutionality of any legislative act or act having the force of law within sixty days following the promulgation of the law.
It may also refer the matter to the Constitutional Court through the procedure for the exception of unconstitutionality invoked in a case which concerns it before a court.
It stays its ruling and refers all matters to the Constitutional Court.
The Constitutional Court rules within thirty days.
ARTICLE 40.
Section 139 is amended as follows:
The Constitutional Court may be seized of an appeal aimed at having a law to be promulgated declared non-compliant with the Constitution by:
1. the President of the Republic within fifteen days following the transmission to him of the law definitively adopted;
2. the President of the National House of Representatives or the President of the Senate within fifteen days following its final adoption;
3. a number of deputies or senators at least equal to one-tenth of the members of each Chamber, within fifteen days following its final adoption.
4. a Congolese citizen movement within fifteen days following its final adoption.
The law can only be promulgated if it has been declared in conformity with the Constitution by the Constitutional Court which rules within thirty days of its referral. However, at the request of the Government, if there is an emergency, this period is reduced to eight days. After these deadlines, the law is deemed not to be in conformity with the Constitution.
ARTICLE 41.
The courts and tribunals rule within 30 days unless there are specific legal provisions or by a fortnightly referral which can only be made once.
In administrative matters and constitutional matters, when the judge(s) do not rule within 30 days or within a period of specific legal provisions, or after the expiry of the referral, the request is awarded to the applicant.
In the event of non-compliance with the deadline, the judge(s) concerned will be removed from the case and will be subject to disciplinary measures.
The Senate must consider disciplinary history when evaluating a judge's nomination.