Chapter I: Institutions of the Republic.
ARTICLE 42.
Section 68 is amended as follows:
The institutions of the Republic are:
1. the President of the Republic;
2. Parliament;
3. the Government;
4. Courts and Tribunals.
Section 1: Executive power.
Paragraph I: Of the President of the Republic.
ARTICLE 43.
Section 69 is amended as follows:
The President of the Republic is the Head of State. It represents the nation and is the symbol of national unity.
He ensures compliance with the Constitution.
It is the guarantor of national independence, territorial integrity, national sovereignty and respect for international treaties and agreements.
ARTICLE 44.
Section 70 is amended as follows:
Executive power is entrusted to the President of the Republic. He will exercise his functions for the five-year term, renewable or re-exercised once during his life, and, with the vice-president, chosen for the same term.
At the end of his mandate, the President of the Republic remains in office until the effective installation of the new elected President.
ARTICLE 45.
Section 71 is amended as follows:
The President of the Republic is elected by an absolute majority of votes cast.
If in the first round none of the candidates obtains an absolute majority of the votes cast, the Independent National Electoral Commission organizes a second round in which only the two candidates having obtained the greatest number of votes cast in the first round participate.
In the event of death, incapacity, or withdrawal of one of the two candidates, the remaining candidates present themselves in the order corresponding to the results of the first round.
The candidate who obtains the greatest number of votes is declared elected in the second round.
ARTICLE 46.
Section 72 is amended as follows:
No person may run for president, nor may their vice-presidential candidate accompany them, unless they meet the following criteria:
1. Be of Congolese nationality of origin;
2. Have never voluntarily renounced their citizenship;
3. Have a minimum age of 30 years;
4. Enjoy full civil and political rights;
5. Not be subject to exclusion defined by electoral law;
6. Collectively, collect a defined number of petitions, representing 1% of all voters registered in the national elections, ten days before the publication by the Independent National Electoral Commission of the temporary list of candidates for the presidency of the Republic.
Any other criteria are prohibited.
ARTICLE 47.
Section 73 is amended as follows:
The ballot for the election of the President of the Republic is convened by the Independent National Electoral Commission, one hundred days before the expiration of the mandate of the current President.
30 days are given to the Independent National Electoral Commission to publish the final list of candidates for the presidential election.
After this period, 30 days are given to the electoral campaign.
The presidential elections take place on the first Sunday following the end of the electoral campaign.
Then, ten days are given to the Independent National Electoral Commission to publish the provincial results of the presidential election.
If no candidate obtains an absolute majority, the Independent National Electoral Commission has 14 days to organize the second round.
Then, ten days are given to the Independent National Electoral Commission to publish the provincial results of the second round of the presidential election.
ARTICLE 48.
Section 74 is amended as follows:
The elected President of the Republic takes office within ten days following the proclamation of the final results of the presidential election.
Before taking office, the President of the Republic takes the following oath before the Constitutional Court:
" Me…. elected President of the Democratic Republic of Congo, I solemnly swear before the nation:
- to observe and defend the Constitution and the laws of the Republic;
- to maintain its independence and the integrity of its territory;
- to safeguard national unity;
- to let myself be guided only by the general interest and respect for human rights;
- to devote all my strength to promoting the common good and peace;
- to fulfill loyally and as a faithful servant of the people the high functions entrusted to me. ".
ARTICLE 49.
Section 75 is amended as follows:
In the event of a vacancy due to death, resignation, disqualification pronounced following a defined number of petitions, representing 10% of all voters registered in their constituency, or for any other cause of permanent impediment, the functions of President of the Republic, except for those mentioned in articles 53 and 54 are provisionally exercised by the Vice-President of the Republic.
In the event of vacancy due to death, resignation, disqualification pronounced following a defined number of petitions, representing 10% of all voters registered in his constituency or for any other cause of permanent impediment, the functions of Vice-President of the Republic, exercised by the Minister of the Interior.
ARTICLE 50.
Section 76 is amended as follows:
The vacancy of the Presidency of the Republic is declared by the Constitutional Court seized by the Attorney General at the Constitutional Court.
In the event of a vacancy or when the impediment is declared definitive by the Constitutional Court, the functions of President of the Republic are carried out permanently by the Vice-President of the Republic until the end of the mandate. He has 72 hours to present a new vice-president, who must be sworn in within 24 hours of presentation before the Constitutional Court.
The vacancy of the Vice-Presidency of the Republic is declared by the Constitutional Court seized by the Presidency of the Republic.
In the event of a vacancy or when the impediment is declared definitive by the Constitutional Court, the functions of Vice-President of the Republic are carried out temporarily by the Minister of the Interior and the Presidency of the Republic has 72 hours to present a new vice-president, who must be sworn in within 24 hours of presentation before the Constitutional Court.
ARTICLE 51.
Section 77 is amended as follows:
The President of the Republic sends messages to the Nation.
He communicates with the Chambers of Parliament by messages which he reads or has read and which do not give rise to any debate.
Once a year, he delivers a speech on the state of the Nation before the National House of Representatives and the Senate meeting in Congress.
ARTICLE 52.
Section 79 is amended as follows:
The President of the Republic convenes and chairs the Council of Ministers. If he is unable to do so, he delegates this power to the Vice-President of the Republic.
The President of the Republic promulgates laws under the conditions provided for by this Constitution.
It rules by way of order.
ARTICLE 53.
Section 81 is amended as follows:
Without prejudice to other provisions of the Constitution, the President of the Republic appoints:
1. ministers of state and vice-ministers of state;
2. ambassadors and extraordinary envoys;
3. general and senior officers of the armed forces, after consulting the Superior Defense Council;
4. the chief of general staff, the chiefs of staff and the commanders of major units of the armed forces, after consulting the High Defense Council;
5. senior public administration officials;
6. managers of public services and establishments;
7. State agents in companies and public bodies, except auditors;
8. the governor and vice-governor of the Central Bank;
9. the magistrates of the seat and the public prosecutor's office, on the proposal of the Superior Council of the Judiciary.
Appointees ought to be of Congolese nationality of origin and only take office after obtaining individual approval from the Senate in plenary session.
ARTICLE 54.
Section 82 is amended as follows:
Without prejudice to other provisions of the Constitution, the President of the Republic relieves of their functions and, where applicable, revokes:
1. ministers of state and vice-ministers of state;
2. ambassadors and extraordinary envoys;
3. general and senior officers of the armed forces, after consulting the Superior Defense Council;
4. the chief of general staff, the chiefs of staff and the commanders of major units of the armed forces, after consulting the High Defense Council;
5. senior public administration officials;
6. managers of public services and establishments;
10. State agents in companies and public bodies, except auditors;
7. the governor and vice-governor of the Central Bank;
8. the magistrates of the seat and the public prosecutor's office, on the proposal of the Superior Council of the Judiciary.
The orders referred to in the preceding paragraph are countersigned by the vice-president of the republic.
ARTICLE 55.
Section 83 is amended as follows:
The President of the Republic is the supreme commander of the Armed Forces.
He chairs the High Defense Council.
ARTICLE 56.
Section 84 is amended as follows:
The President of the Republic confers ranks in national orders and decorations, in accordance with the law.
ARTICLE 57.
Section 85 is amended as follows:
When serious circumstances immediately threaten the independence or integrity of the national territory or cause the interruption of the regular functioning of institutions, the President of the Republic proclaims a state of emergency or a state seat after consultation with the Presidents of the two Chambers in accordance with articles 118 and 119 of this Constitution.
He informs the nation by a message.
The terms of application of the state of emergency and the state of siege are determined by law.
ARTICLE 58.
Section 86 is amended as follows:
The President of the Republic declares war by order after advice from the Superior Defense Council and authorization from the National House of Representatives and the Senate in accordance with article 117 of this Constitution.
ARTICLE 59.
The President of the Republic pronounces sanctions against natural persons, legal entities, de facto groups, or other States, by order after authorization from the Senate.
ARTICLE 60.
Section 88 is amended as follows:
The President of the Republic accredits ambassadors and extraordinary envoys to foreign states and international organizations.
Ambassadors and extraordinary foreign envoys are accredited to him.
ARTICLE 61.
Section 89 is amended as follows:
The emoluments of the President of the Republic are set by the finance law.
ARTICLE 62.
The following articles are repealed:
Section 78
Article 80
Paragraph 2: From the Government.
ARTICLE 63.
Section 90 is amended as follows:
The Government is made up of the President of the Republic, the Vice-President of the Republic, the attorney general of the republic, ministers, and vice-ministers.
It is headed by the President of the Republic, head of Government. In the event of impediment, his interim position is ensured by the vice-president of the republic or by the member of the Government who takes precedence.
ARTICLE 64.
The government has 13 ministries which are:
• The Ministry of Foreign Affairs
The Ministry of Foreign Affairs is responsible for the formulation and execution of the country's foreign policy and international relations.
Its main responsibilities include advising the President, negotiating international treaties and agreements, and representing the State at the United Nations.
The ministry is headed by the Vice-President of the Republic and a vice-minister, the latter is responsible for Congolese abroad.
• The Ministry of Finance
The Ministry of Finance is responsible for promoting inclusive economic prosperity for all Congolese.
Its main responsibilities include advancing Congolese economic growth and raising Congolese standards of living, supporting communities, promoting social justice, and fostering financial stability. It manages systems essential to the country's financial infrastructure, such as producing coins, disbursing payments owed to the Congolese public, collecting necessary taxes, and borrowing funds required by Congressional Acts to manage the national government. It supervises banks and savings banks, while providing advice to the legislative and executive branches on fiscal policy issues. It plays a critical role in strengthening national security by protecting our financial systems, implementing economic sanctions against foreign threats to the nation, and identifying and targeting financial support networks that threaten national security.
The ministry is headed by a minister and a deputy minister, the latter of whom is responsible for supervising banks and savings banks.
• The Ministry of the Interior
The Ministry of the Interior is responsible for protecting the Congolese people against a wide range of foreign and domestic threats.
Its primary responsibilities include ensuring public safety and homeland security, protecting the national economy, securing borders and critical infrastructure, managing immigration and customs, preserving cybersecurity, and preventing and managing disasters.
The ministry is headed by a minister and a deputy minister, the latter is responsible for national cybersecurity and disaster prevention.
• The Ministry of the Economy
The Ministry of the Economy is responsible for promoting inclusive economic prosperity for all Congolese.
Its main responsibilities include fostering conditions for economic growth. It collects economic and demographic data, provides insights to economic decision-makers, establishes production and service standards for local and international markets, and aims to stimulate job creation, sustainable economic growth, and counter commercial practices harmful.
The ministry is headed by a minister and a deputy minister, the latter of whom is responsible for collecting and analyzing economic data.
• The Ministry of Justice
The Ministry of Justice is responsible for the application of national laws, the administration of justice and upholding the law and defending the interests of the nation in accordance with the law.
Its primary responsibilities include ensuring public safety against foreign and domestic threats, providing national leadership in the prevention and control of crime, seeking just punishment for those guilty of illegal behavior, and ensuring fair and impartial administration. justice for all Congolese.
The National Bureau of Investigations is under his supervision.
The ministry is headed by the attorney general of the republic and a vice-minister, the latter is responsible for supervising remand centers and correctional facilities, prisons, and public prosecutor's offices.
• The Ministry of Agriculture
The Ministry of Agriculture is responsible for developing and implementing an agricultural policy.
Its main responsibilities include meeting the needs of commercial agriculture and animal food production, promoting trade and agricultural production, ensuring food security, supporting rural communities, and combating famine.
The Ministry of Agriculture manages national forests.
The ministry, headed by a minister and a vice-minister, the latter is responsible for the nutritional assistance program.
• The Ministry of Defense
The Department of Defense is responsible for providing the military forces necessary to deter war and ensure national security.
Its primary responsibilities include coordinating and supervising the Army, Navy, Air Force, Reserves, national intelligence agencies and functions related to national security.
The ministry is headed by a minister and a deputy minister, the latter of whom is responsible for administering benefit programs for veterans, their families, and survivors.
• The Ministry of Education
The Department of Education is responsible for promoting student learning and preparation for college, careers, and citizenship in a global economy by fostering educational excellence and ensuring equal access to opportunities educational.
Its main responsibilities include defining educational programs and standards, establishing schools and colleges, formulating educational financial aid policies, and collecting data on Congolese schools.
The ministry is headed by a minister and a deputy minister, the latter is responsible for collecting and analyzing data on Congolese schools.
• The Ministry of Labor
The Ministry of Labor is responsible for national programs aimed at ensuring a strong Congolese workforce. These programs address job training, safe working conditions, minimum hourly wage and overtime pay, employment discrimination, and unemployment insurance.
Its primary responsibilities include administering occupational safety and health laws, wage standards, unemployment benefits, reemployment services and economic statistics. These actions aim to promote the well-being of workers, job seekers and retirees.
The ministry is headed by a minister and a vice-minister, the latter is responsible for unemployment insurance.
• The Ministry of Health and Social Services
The Ministry of Health and Social Services is responsible for protecting the health of all Congolese and providing essential social services, particularly to those least able to support themselves.
Its primary responsibilities include optimizing the health and well-being of all Congolese people by encouraging significant and lasting advances in scientific fields that support medicine, public health and social services.
The ministry is headed by a minister and a deputy minister, the latter is responsible for social services.
• The Ministry of Transport
The Ministry of Transport is responsible for ensuring a fast, safe, efficient, accessible, and convenient transport system that meets vital national interests and improves the quality of life of the Congolese.
Its main responsibilities include planning and coordinating national transportation projects, establishing safety regulations for all major modes of transportation.
The ministry is headed by a minister and a vice-minister, the latter of whom is responsible for coordinating national transport projects.
• The Ministry of Energy
The Ministry of Energy is responsible for ensuring energy security
Its primary responsibilities include overseeing national energy policy, energy production and marketing, while providing increased financial support for research in the physical sciences.
The ministry is headed by a minister and a vice-minister, the latter of whom is for research in physical sciences.
• The Ministry of Urban Development
The Ministry of Urban Development is responsible for guaranteeing all Congolese equal access to the housing of their choice,
Its main responsibilities include overseeing regulations regarding urban development, designing and implementing policies related to housing and metropolitan planning. He oversees the Community Development Block Grant programs, which assist communities with economic development, employment opportunities and housing rehabilitation.
The ministry is headed by a minister and a deputy minister, and is responsible for coordinating the development of integrated social development strategies for different urban areas.
ARTICLE 65.
Section 91 is amended as follows:
The President of the Republic, the policy of the Nation and assumes responsibility for it.
The Government conducts the policy of the Nation.
The Government is responsible to the National House of Representatives under the conditions provided for in articles 74 and 112.
ARTICLE 66.
Section 92 is amended as follows:
The President of the Republic may delegate certain of his powers to the Vice-President and to ministers.
ARTICLE 67.
Section 93 is amended as follows:
Each minister is responsible for his department. He implements the government program within his ministry, acting under the direction and coordination of the President of the Republic.
He rules by decree.
ARTICLE 68.
Section 94 is amended as follows:
The Deputy Ministers exercise, under the authority of the ministers to whom they are attached, the responsibilities conferred on them by the order establishing the organization and functioning of the Government. They act as ministers in the event of their absence or incapacity.
ARTICLE 69.
Section 95 is amended as follows:
The emoluments of members of the government are set by the finance law.
ARTICLE 70.
Section 96 is amended as follows:
The functions of President of the Republic are incompatible with the exercise of any other elective mandate, any public, civil or military employment and any professional activity.
The mandate of the President of the Republic is also incompatible with any responsibility within a political party.
ARTICLE 71.
Section 97 is amended as follows:
The functions of member of the Government are incompatible with the exercise of any elective mandate, any public, civil or military employment and any professional activity.
They are also incompatible with any responsibility within a political party.
ARTICLE 72.
Section 98 is amended as follows:
During their functions, the President of the Republic and the members of the Government cannot, by themselves or through an intermediary, neither buy, nor acquire in any other way, nor lease any property which belongs to the domain of the State, provinces, or decentralized entities.
They cannot take part directly or indirectly in public procurement for the benefit of administrations or institutions in which the central government, the provinces and decentralized administrative entities have interests.
ARTICLE 73.
Section 99 is amended as follows:
Before taking office and upon its expiration, the President of the Republic and members of the Government are required to file before the Constitutional Court a written declaration of their family assets, listing their movable property, including shares, bonds, other securities, bank accounts, their immovable property, including undeveloped land, forests, plantations and agricultural land, mines, and all other immovable property, with indication of the relevant titles.
Family assets include the property of the spouse according to the matrimonial regime, minor children, and children, even adults, dependent on the couple.
The Constitutional Court publishes this declaration and communicates it to the tax administration.
In the absence of this declaration, within thirty days, the person concerned is deemed to have resigned.
Within thirty days following the end of the functions, in the absence of this declaration, in the event of fraudulent declaration or suspicion of unjust enrichment, the Constitutional Court or the Court of Cassation is contacted as the case may be.
Section 2: Legislative power
ARTICLE 74.
Section 100 is amended as follows:
Legislative power is exercised by a Parliament composed of two Chambers: The National House of Representatives and the Senate.
Without prejudice to the other provisions of this Constitution, Parliament votes on laws. It controls the Government, public enterprises as well as public establishments and services.
Each of the Chambers enjoys administrative and financial autonomy and has its own allocation.
The right to vote of members of Parliament is personal.
Paragraph 1: Of the National House of Representatives.
ARTICLE 75.
Section 101 is amended as follows:
Members of the National House of Representatives bear the title of national deputy. They are elected by direct and secret universal suffrage.
Candidacy for the legislative elections is individual. The candidate has the right to designate the political party or political group to which he belongs.
Each national deputy is elected with two substitutes.
The national deputy represents his constituency, but his mandate is national.
Any imperative mandate is null.
The National House of Representatives includes five hundred national deputies. The distribution of seats by constituency is fixed by electoral law.
ARTICLE 76.
Section 102 is amended as follows:
No one can be a candidate in the legislative elections if they do not meet the following conditions:
1. Be of Congolese nationality of origin;
2. Have never voluntarily renounced their citizenship;
3. Have a minimum age of 25 years;
4. Enjoy full civil and political rights;
5. Not be subject to exclusion defined by electoral law;
6. Collect a defined number of petitions, representing 1% of all voters registered for elections in their constituency, ten days before the publication by the Independent National Electoral Commission of the temporary list of candidates for the legislative elections.
Any other criteria are prohibited.
ARTICLE 77.
Section 103 is amended as follows:
The national deputy is elected for a five-year mandate, renewable or re-exercised once during his life.
The mandate of national deputy begins with the validation of powers by the National House of Representatives and expires with the installation of the new House of Representatives.
Paragraph 2: Of the Senate.
ARTICLE 78.
Section 104 is amended as follows:
Members of the Senate have the title of senator. They are elected by direct and secret universal suffrage.
Candidacy for senatorial elections is individual. The candidate has the right to designate the political party or political group to which he belongs.
Each senator is elected with two substitutes.
The senator represents his province, but his mandate is national.
Any imperative mandate is null.
The Senate has five members per province.
ARTICLE 79.
Section 105 is amended as follows:
The Senator is elected for a five-year term, renewable or re-exercised once during his life.
The mandate of Senator begins with the validation of powers by the Senate and expires with the installation of the new Senate.
ARTICLE 80.
Section 106 is amended as follows:
No one can be a candidate member of the Senate if they do not meet the following conditions:
1. Be of Congolese nationality of origin;
2. Have never voluntarily renounced their citizenship;
3. Have a minimum age of 30 years;
4. Enjoy full civil and political rights;
5. Not be subject to exclusion defined by electoral law;
6. Collect a defined number of petitions, representing 1% of all voters registered for elections in their constituency, ten days before the publication by the Independent National Electoral Commission of the temporary list of candidates for the legislative elections.
Any other criteria are prohibited.
Paragraph 3: Immunities and incompatibilities
ARTICLE 81.
Section 107 is amended as follows:
No parliamentarian may be prosecuted, sought, arrested, detained, or judged because of the opinions or votes expressed by him in the exercise of his functions.
No parliamentarian may, during sessions, be prosecuted or arrested, except in cases of flagrante delicto, without the authorization of the National House of Representatives or the Senate as the case may be.
Outside of sessions, no parliamentarian can be arrested without the authorization of the Office of the National House of Representatives or the Office of the Senate, except in the case of flagrante delicto, authorized prosecution, or final conviction.
The detention or prosecution of a parliamentarian is suspended if the House of which he is a member so requires. The suspension cannot exceed the duration of the current session.
ARTICLE 82.
Section 108 is amended as follows:
The mandate of national deputy is incompatible with the mandate of senator and vice versa.
The mandate of deputy or senator is incompatible with the following functions or mandates:
1. member of the Government;
2. member of an institution supporting democracy;
3. member of the Armed Forces, police, and security services;
4. magistrate ;
5. career agent of the State public services;
6. political-administrative framework of the territorial;
7. public agent;
8. 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 company mixed economy;
9. paid functions conferred by a foreign state or an international organization;
10. any other elective mandate.
Paragraph 4: Rights of national deputies or senators
ARTICLE 83.
Section 109 is amended as follows:
National deputies and senators have the right to move without restriction or hindrance within the national territory and to leave it.
They are entitled to fair compensation that ensures their independence and dignity. This is provided for in the finance law.
They are entitled to an exit indemnity equal to six months of their emoluments.
The terms of application of the preceding paragraph as well as the other rights of Parliamentarians are set by the Internal Regulations of each Chamber.
Paragraph 5: From the end of the mandate of national deputy or senator.
ARTICLE 84.
Section 110 is amended as follows:
The mandate of a national deputy or senator ends with:
1. expiration of the legislature;
2. death;
3. resignation;
4. definitive impediment;
5. permanent incapacity;
6. unjustified and unauthorized absence from more than a quarter of the sessions in a session;
7. exclusion provided for by electoral law;
8. irrevocable conviction to a principal penal servitude sentence for intentional offence;
9. by a defined number of petitions, representing 10% of all registered voters in his constituency;
10. acceptance of a function incompatible with the mandate of deputy or senator.
The acceptance by a national deputy or senator of a position incompatible with the exercise of his parliamentary mandate results in resignation. He permanently loses his mandate and cannot recover it even after the cessation of this incompatible function.
Any cause of ineligibility, on the date of the elections, subsequently noted by the competent judicial authority results in the loss of the mandate.
Any cause of ineligibility, on the date of the elections, subsequently noted by the competent judicial authority results in the loss of the mandate of national deputy or senator.
In the cases listed above, the national deputy or senator is replaced by the first substitute, or failing that, by the second substitute. If there is no substitute, a by-election is organized in the electoral district concerned.
ARTICLE 85.
Section 111 is amended as follows:
The National House of Representatives and the Senate are each headed by a Bureau of seven members comprising:
1. a President;
2. a First Vice-President;
3. a Second Vice-President;
4. a Rapporteur;
5. a Deputy Rapporteur;
6. a Quaestor;
7. a Deputy Quaestor.
The Presidents of both Chambers must be Congolese of origin. The members of the Bureau are elected under the conditions set by the Internal Regulations of their respective ones.
ARTICLE 86.
Section 112 is amended as follows:
Each Chamber of Parliament adopts its Rules of Procedure.
The Internal Regulations determine in particular:
1. the duration and operating rules of the Bureau, the powers, and prerogatives of its President as well as the other members of the Bureau;
2. the number, method of appointment, composition, role, and competence of its permanent commissions as well as the creation and functioning of special and temporary commissions;
3. the organization of administrative services headed by a Secretary General of public administration of each Chamber;
4. the disciplinary regime for deputies and senators;
5. the different voting methods, excluding those expressly provided for by this Constitution.
Before being implemented, the Internal Regulations must be transmitted by the President of the Provisional Bureau of the Chamber concerned to the Constitutional Court which rules on its conformity with the Constitution within fifteen days. After this period, the Internal Regulations are deemed to be compliant.
Provisions declared non-compliant cannot be implemented.
ARTICLE 87.
Section 113 is amended as follows:
In addition to the permanent and special committees, the two Chambers may constitute one or more joint committees to reconcile points of view when they disagree on a question on which they must adopt the same decision in identical terms.
If the disagreement persists, the National House of Representatives rules definitively.
ARTICLE 88.
Section 114 is amended as follows:
Each House of Parliament meets as of right in extraordinary session on the fifteenth day following the proclamation of the results of the legislative elections by the Independent National Electoral Commission in order to:
1. the installation of the provisional Office headed by the oldest member assisted by the two youngest;
2. validation of powers;
3. the election and installation of the final Bureau;
4. the development and adoption of the Internal Regulations.
The opening session is chaired by the Secretary General of Administration of each of the two Chambers.
During this session, the two Chambers meet to develop and adopt the Internal Regulations of the Congress.
The extraordinary session ends when the agenda is exhausted.
ARTICLE 89.
Section 115 is amended as follows:
The National House of Representatives and the Senate hold two ordinary sessions each year:
1. the first opens on March 15 and closes on June 15;
2. the second opens on September 15 and closes on December 15.
If the 15th of March or September is a public holiday or falls on a Sunday, the opening of the session takes place on the first working day that follows.
The duration of each ordinary session cannot exceed three months.
ARTICLE 90.
Section 116 is amended as follows:
Each Chamber of Parliament may be convened in extraordinary session by its President on a specific agenda, at the request either of its Bureau, of half of its members, or of the President of the Republic.
Closure occurs as soon as the Chamber has exhausted the agenda for which it was convened and, at the latest, thirty days from the date of the start of the session.
ARTICLE 91.
Section 117 is amended as follows:
The inclusion, by priority, on the agenda of each Chamber of a bill, a proposed law or a declaration of general policy is legal if the Government, after deliberation in the Council of ministers, requests it.
ARTICLE 92.
Section 118 is amended as follows:
The National House of Representatives and the Senate only sit validly by an absolute majority of the members who compose them.
The sessions of the National House of Representatives and the Senate are public, unless closed session is declared.
The analytical report of the debates as well as the documents of the National House of Representatives and the Senate are published in the parliamentary annals.
ARTICLE 93.
Section 119 is amended as follows:
The two Chambers meet in congress for the following cases:
1. the constitutional revision procedure in accordance with articles 189 to 191 of this Constitution;
2. authorization of the proclamation of a state of emergency or state of siege and the declaration of war in accordance with articles 85 and 86 of this Constitution;
3. hearing the speech of the President of the Republic on the state of the Nation in accordance with article 77 of this Constitution;
ARTICLE 94.
Section 120 is amended as follows:
When the two Chambers are sitting in Congress, the office is that of the National House of Representatives and the presidency is held in turn by the President of the National House of Representatives and the President of the Senate.
The Congress adopts its Rules of Procedure.
Before being implemented, the Internal Regulations are communicated by the President of the Congress to the Constitutional Court which rules on the conformity of these regulations with this Constitution within 15 days.
After this period, the Internal Regulations are deemed to be compliant.
Provisions declared non-compliant cannot be implemented.
ARTICLE 95.
Section 121 is amended as follows:
Each of the Chambers or the Congress only sits validly if the absolute majority of its members is present. Subject to the other provisions of the Constitution, any resolution or decision is taken in accordance with the Internal Regulations of each Chamber or Congress.
Votes are cast either by roll call and aloud, by show of hands, by sitting and standing, or by secret ballot or by electronic method. On an entire text of law, the vote takes place by roll call and out loud.
Votes can also be cast by a technical process giving more guarantees.
Subject to the other provisions of the Constitution, each of the Chambers or the Congress may decide on the secrecy of the vote for the adoption of a specific resolution.
However, in the case of deliberations relating to persons, the vote is carried out by secret ballot.
Section 3: Relations between the executive power and the legislative power.
ARTICLE 96.
Section 122 is amended as follows:
Without prejudice to the other provisions of this Constitution, the law establishes the rules concerning:
1. civil rights and fundamental guarantees granted to citizens for the exercise of public freedoms;
2. the electoral system;
3. public finances;
4. the constraints imposed by national defense on citizens in their person and in their property;
5. nationality, state and capacity of persons, matrimonial regimes, inheritances, and gifts;
6. the determination of offenses and the penalties applicable to them, criminal procedure, the organization and functioning of the judicial power, the creation of new orders of jurisdiction, the status of magistrates, the legal regime of the Superior Council of the Judiciary;
7. the organization of the Bar, legal assistance, and representation in court;
8. commerce, the regime of ownership of rights and civil and commercial obligations;
9. amnesty and extradition;
10. the basis, the rate, and the methods of recovery of taxes of all kinds, the system of issuing currency;
11. State borrowings and financial commitments;
12. the statutes of career agents of the State public services;
13. the Armed Forces, the National Bureau of Investigation, and the security services;
14. labor and social security law;
15. the general organization of defense and the National Bureau of Investigation, the method of recruitment of members of the Armed Forces and the National Bureau of Investigation, advancement, the rights and obligations of military personnel and National Bureau of Investigation personnel investigation.
ARTICLE 97.
Section 123 is amended as follows:
Without prejudice to the other provisions of this Constitution, the law determines the fundamental principles concerning:
1. the free administration of provinces and decentralized territorial entities, their powers, and their resources;
2. the creation of companies, establishments, and public bodies;
3. land, mining, forestry, and real estate regime;
4. mutuality and savings;
5. education and health;
6. the prison regime;
7. political and union pluralism;
8. the right to strike;
9. media organization;
10. scientific and technological research;
11. the cooperative;
12. culture and the arts;
13. sports and leisure;
14. agriculture, livestock, fishing and aquaculture;
15. environmental protection and tourism;
16. protection of vulnerable groups.
ARTICLE 98.
Section 124 is amended as follows:
The laws to which the Constitution confers the character of organic law are voted on and modified by an absolute majority of the members composing each
Room under the following conditions:
1. the bill is only submitted to the deliberation and vote of the first Chamber referred to it at the expiration of a period of fifteen days after its submission to the Government;
2. the procedure of article 106 is applicable. However, in the absence of agreement between the two Chambers, the text can only be adopted by the National House of Representatives at final reading by an absolute majority of its members;
ARTICLE 99.
Section 125 is amended as follows:
If a bill or proposed law is declared urgent by the Government, it is examined as a priority in each Chamber by the competent committee following the procedure provided for by the Internal Regulations of each of them.
The normal procedure is applied to proposals or bills amending the Constitution or modifying organic laws as well as to enabling bills provided for in Article 93.
ARTICLE 100.
Section 126 is amended as follows:
The Finance Laws determine the resources and expenses of the State.
The National House of Representatives and the Senate vote on finance bills under the conditions provided for the organic law referred to in article 98 of the Constitution.
The finance bill for the year, which notably includes the budget, is submitted by the President of the Republic to the Office of The National House of Representatives no later than September 15 of each year.
The creation and transformation of public jobs cannot be carried out outside the forecasts of the finance laws.
If the finance bill, submitted within the constitutional deadlines, is not voted on before the opening of the new financial year, it is brought into force by the President of the Republic taking into account the amendments voted by each of the two Chambers.
If the finance bill has not been submitted in time to be promulgated before the start of the financial year, the President of the Republic requests The National House of Representatives and the Senate to open provisional appropriations.
If The National House of Representatives and the Senate do not decide within fifteen days on the opening of provisional appropriations, the provisions of the project providing for these appropriations are put into force by the President of the Republic.
If, considering the procedure provided for above, the finance law for the year could not be put into force on the first day of February of the budgetary year, the President of the Republic implements the finance bill, taking into account the amendments voted by each of the two Chambers.
If the finance bill passed in due time by Parliament and transmitted for promulgation before the opening of the new budgetary year is the subject of a referral to Parliament by the President of the Republic who requests The National House of Representatives and in the Senate the opening of provisional appropriations.
ARTICLE 101.
Section 127 is amended as follows:
Amendments to the finance bill are not admissible when their adoption results in either a reduction in revenue or an increase in expenditure, unless they are accompanied by compensatory proposals.
ARTICLE 102.
Section 128 is amended as follows:
Matters other than those within the domain of law have a regulatory character.
The texts of a legal nature intervened in these matters may be modified by decree if the Constitutional Court, at the request of the President of the Republic, declares that they have a regulatory character by virtue of the preceding paragraph.
ARTICLE 103.
Section 129 is amended as follows:
The President of the Republic may, for the urgent execution of his action program, ask The National House of Representatives or the Senate for authorization to take by legislative ordinances for a limited period and on specific matters, measures which are normally within the domain of law.
These legislative ordinances come into force upon their publication and become obsolete if the ratification bill is not submitted to Parliament no later than the deadline set by the enabling law.
At the expiration of the period referred to in the first paragraph of this article, if Parliament does not ratify these legislative ordinances, they automatically cease to produce their effects.
Ordinance-laws can only be modified in their provisions by law.
The legislative ordinances automatically cease to produce their effects in the event of rejection of the ratification bill.
ARTICLE 104.
Section 130 is amended as follows:
The initiative for laws belongs concurrently to the President of the Republic, to each deputy and to each senator.
The bills of the President of the Republic are deposited on the Bureau of one of the Chambers. However, with regard to the finance law, the project must be submitted within the deadlines provided for in article 126 to the Office of The National House of Representatives.
The legislative proposals are, before deliberation and adoption, notified for information to the President of the Republic who sends, within fifteen days following their transmission, his possible observations to the Bureau of one or the other Chamber. After this period, these legislative proposals are put for deliberation.
ARTICLE 105.
Section 131 is amended as follows:
Members of the Government have access to the work of The National House of Representatives and the Senate as well as those of their committees.
If required, members of the Government, except for the President of the Republic, have the obligation to attend sessions of The National House of Representatives and those of the Senate, to speak there and to provide parliamentarians with all the explanations requested of them regarding their activities.
ARTICLE 106.
Section 132 is amended as follows:
The discussion of the bills relates, before the first Chamber seized, to the text tabled by the President of the Republic. A Chamber seized of a text already voted by the other Chamber deliberates only on the text transmitted to it.
ARTICLE 107.
Section 133 is amended as follows:
Members of the Government have the right to propose amendments to the texts under discussion but do not participate in the vote.
ARTICLE 108.
Section 134 is amended as follows:
Proposals and amendments formulated by members of The National House of Representatives or the Senate are not admissible when their adoption would result in either a reduction in public resources, or the creation or aggravation of a public charge, unless they are accompanied by proposals generating the corresponding revenue or savings.
ARTICLE 109.
Section 135 is amended as follows:
Any bill or proposed law is examined successively by the two Chambers with a view to adopting an identical text.
When, following a disagreement between the two Chambers, a bill or proposed law could not be adopted after a reading by each Chamber, a joint committee responsible for proposing a text on the provisions remaining under discussion is set up. put in place by the two Offices.
The text developed by the Joint Commission is submitted for adoption to both Chambers.
If the Joint Commission fails to adopt a single text or if this text is not approved under the conditions provided for in the preceding paragraph, The National House of Representatives makes a definitive decision. In this case, The National House of Representatives may adopt either the text drawn up by the Joint Commission, or the last text voted on by it, modified if necessary by one or more of the amendments adopted by the Senate.
ARTICLE 110.
Section 136 is amended as follows:
Within six days of its adoption, the law is transmitted to the President of the Republic for promulgation.
ARTICLE 111.
Section 137 is amended as follows:
Within fifteen days of transmission, the President of the Republic may request from The National House of Representatives or the Senate a new deliberation of the law or certain of its articles. This new deliberation cannot be refused.
The text submitted to a second deliberation is adopted by The National House of Representatives and the Senate either in the initial form, or after modification by an absolute majority of the members who compose them.
ARTICLE 112.
Section 138 is amended as follows:
Without prejudice to the other provisions of this Constitution, the means of information and control of The National House of Representatives or the Senate, over the Government, except for the President of the Republic, public enterprises, public establishments, and services are:
1. the oral or written question with or without debate not followed by a vote;
2. the current issue;
3. arrest;
4. the commission of inquiry;
5. the hearing by the Commissions.
These means of control are exercised under the conditions determined by the Internal Regulations of each of the Chambers and give rise, where appropriate, to the motion of no confidence or censure in accordance with articles 84 of this Constitution.
ARTICLE 113.
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.
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 to comply with the Constitution.
ARTICLE 114.
Section 140 is amended as follows:
The President of the Republic promulgates the law within fifteen days of its transmission after the expiration of the deadlines provided for in Articles 110 and 111 of the Constitution.
In the absence of promulgation of the law by the President of the Republic within the constitutional deadlines, promulgation is legal.
ARTICLE 115.
Section 141 is amended as follows:
The laws are coated with the seal of the State and published in the Official Journal.
ARTICLE 116.
Section 142 is amended as follows:
The law comes into force thirty days after its publication in the official journal unless it provides otherwise.
In all cases, the Government ensures dissemination in French and in each of the four national languages within sixty days from the date of promulgation.
ARTICLE 117.
Section 143 is amended as follows:
In accordance with the provisions of article 86 of the Constitution, the President of the Republic declares war by decision of the Council of Ministers after advice from the Superior Defense Council and authorization from two Chambers.
He informs the Nation by a message.
The rights and duties of citizens, during war or in the event of invasion or attack on national territory by external forces, are the subject of a law.
ARTICLE 118.
Section 144 is amended as follows:
In application of the provisions of article 85 of this Constitution, a state of siege, like a state of emergency, is declared by the President of the Republic.
The National House of Representatives and the Senate then meet as of right. If they are not in session, an extraordinary session shall be called for this purpose in accordance with Article 90 of this Constitution.
The closure of ordinary or extraordinary sessions is automatically delayed to allow, where applicable, the application of the provisions of the preceding paragraph.
A state of emergency or a state of siege may be proclaimed in all or part of the territory of the Republic for a period of thirty days.
The order proclaiming a state of emergency or a state of siege automatically ceases to produce its effects after the expiration of the period provided for in paragraph three of this article, unless The National House of Representatives and the Senate , seized by the President of the Republic, have authorized its extension for successive periods of fifteen days.
The National House of Representatives and the Senate may, by law, end the state of emergency or the state of siege at any time.
ARTICLE 119.
Section 145 is amended as follows:
In the event of a state of emergency or state of siege, the President of the Republic takes, by orders, the necessary measures to deal with the situation.
These orders are, upon their signature, submitted to the Constitutional Court which, all matters ceasing, declares whether they derogate from this Constitution.
ARTICLE 120.
Section 146 is amended as follows:
The President of the Republic may hold the Government accountable before The National House of Representatives for its program, for a declaration of general policy or for the vote on a text.
The National House of Representatives calls into question the responsibility of a member of the Government by voting on a motion of censure or no confidence. The motion of no confidence against a member of the Government is only admissible if it is signed by one tenth of the members of The National House of Representatives.
The debate and vote can only take place forty-eight hours after the motion is submitted. Only votes in favor of the motion of censure or no confidence are recorded, which can only be adopted by an absolute majority of the members making up The National House of Representatives. If the motion of censure or no confidence is rejected, its signatories cannot propose a new one during the same session.
The program, general policy declaration or text referred to in the preceding paragraph is considered adopted unless a motion of censure is passed under the conditions provided for in paragraphs 2 and 3 of these articles.
The President of the Republic has the power to ask the Senate for approval of a declaration of general policy.
The following articles are repealed:
Article 147
Article 148
Section 4: Judicial Power.
Paragraph 1: General provisions.
ARTICLE 121.
Section 149 is amended as follows:
The judicial power is independent of the legislative power and the executive power.
It is vested in the courts and tribunals which are: the Constitutional Court, the Court of Cassation, the Council of State, the High Military Court as well as the civil and military courts and tribunals.
Justice is administered throughout the national territory in the name of the people.
Judgments and judgments as well as orders of courts and tribunals are executed in the name of the President of the Republic.
Extraordinary or exceptional courts cannot be created under any name whatsoever.
The law can create specialized jurisdictions.
The judiciary has a budget drawn up by the Superior Council of the Judiciary and transmitted to the Government to be included in the general State budget. The First President of the Court of Cassation is the authorizing officer. He is assisted by the Permanent Secretariat of the Superior Council of the Judiciary.
ARTICLE 122.
Section 150 is amended as follows:
The judiciary is the guarantor of individual freedoms and fundamental rights of citizens.
Judges are subject in the exercise of their function only to the authority of the law.
An organic law establishes the status of magistrates.
The magistrate of the seat is irremovable. He can only be moved by a new appointment or at his request or by motivated rotation decided by the Superior Council of the Judiciary.
ARTICLE 123.
Section 151 is amended as follows:
The executive power cannot issue an injunction to the judge in the exercise of its jurisdiction, nor rule on disputes, nor obstruct the course of justice, nor oppose the execution of a court decision.
The legislative power cannot rule on jurisdictional disputes, nor modify a court decision, nor oppose its execution.
Any law whose objective is clearly to provide a solution to a pending lawsuit is null and void.
ARTICLE 124.
Section 152 is amended as follows:
The Superior Council of the Judiciary is the management body of the judicial power.
The Superior Council of the Judiciary is composed of:
1. President of the Constitutional Court;
2. Prosecutor General at the Constitutional Court;
3. First President of the Court of Cassation;
4. Attorney General at the Court of Cassation;
5. First President of the Council of State;
6. Attorney General to the Council of State;
7. First President of the High Military Court;
8. the Auditor General at the High Military Court;
9. First Presidents of the Courts of Appeal;
10. Prosecutors General at the Courts of Appeal;
11. First Presidents of the Administrative Courts of Appeal;
12. General Prosecutors at the Administrative Courts of Appeal;
13. First Presidents of the Military Courts;
14. Senior military auditors;
15. two sitting magistrates per jurisdiction of the Court of Appeal, elected by all the magistrates of the jurisdiction for a term of three years;
16. two public prosecutors per Court of Appeal jurisdiction, elected by all the magistrates of the jurisdiction for a term of three years;
17. one magistrate per military court jurisdiction;
18. one public prosecutor per military court jurisdiction.
He prepares proposals for the appointment, promotion, and dismissal of magistrates.
He exercises disciplinary power over magistrates.
He gives his opinions on appeals for clemency.
An organic law determines the organization and functioning of the Superior Council of the Judiciary.
Paragraph 2: Jurisdictions of the judicial order.
ARTICLE 125.
Section 153 is amended as follows:
An order of judicial jurisdictions is established, composed of civil and military courts and tribunals placed under the control of the Court of Cassation.
Without prejudice to the other powers recognized to it by this Constitution or by the laws of the Republic, the Court of Cassation hears appeals in cassation filed against rulings and judgments rendered as a last resort by civil and military courts and tribunals.
Under the conditions set by the Constitution and the laws of the Republic, the Court of Cassation has first and last jurisdiction over offenses committed by:
1. members of The National House of Representatives and the Senate;
2. members of the Government other than the President of the Republic;
3. members of the Constitutional Court;
4. the magistrates of the Court of Cassation as well as the public prosecutor's office near this Court;
5. the members of the Council of State and the members of the Public Prosecutor's Office near this Council;
6. the members of the Court of Auditors and the members of the public prosecutor's office at this Court;
7. the first Presidents of the Courts of Appeal as well as the Prosecutors General of these courts;
8. the first Presidents of the Administrative Courts of Appeal and the Prosecutors at these courts;
9. Governors, Vice-governors of provinces and provincial ministers;
10. the Presidents of the Provincial Assemblies.
The Courts and Tribunals, civil and military, apply duly ratified international treaties, laws, regulatory acts as long as they comply with the laws as well as custom as long as it is not contrary to public order.
The organization, functioning and powers of the courts of the judicial order are determined by an organic law.
Paragraph 3: Administrative courts.
ARTICLE 126.
Section 154 is amended as follows:
An order of administrative jurisdictions is established consisting of the Council of State and administrative courts and tribunals.
ARTICLE 127.
Section 155 is amended as follows:
Without prejudice to the other powers granted to it by the Constitution or the law, the Council of State hears, as a first and last resort, appeals for violation of the law, filed against the acts, regulations, and decisions of the central administrative authorities.
It hears appeals against the decisions of the Administrative Courts of Appeal.
It hears, in cases where there are no other competent courts, requests for compensation relating to compensation for exceptional, material, or moral damage resulting from a measure taken or ordered by the authorities of the
Republic. He decides on an equitable basis, taking into account all circumstances of public or private interest.
The organization, competence and functioning of the administrative courts are established by an organic law.
Paragraph 4: Military jurisdictions.
ARTICLE 128.
Section 156 is amended as follows:
Military courts hear offenses committed by members of the Armed Forces, the National Investigation Bureau, and the provincial and local police.
In time of war or when a state of siege or emergency is proclaimed, the
President of the Republic may suspend in all or part of the Republic and for the duration and offenses that he sets, the repressive action of the Courts and Tribunals of common law in favor of that of the military jurisdictions. However, the right of appeal cannot be suspended.
An organic law establishes the rules of competence, organization, and operation of military courts.
Paragraph 5: Of the Constitutional Court.
ARTICLE 129.
Section 157 is amended as follows:
A Constitutional Court is established.
ARTICLE 130.
Section 158 is amended as follows:
The Constitutional Court includes nine members appointed by the President of the Republic.
Appointees only take office after obtaining individual approval from the Senate in plenary session.
The President of the Constitutional Court is elected by his peers for a period of three years, renewable once. He is invested by order of the President of the Republic.
ARTICLE 131.
Section 159 is amended as follows:
No one may be appointed as a member of the Constitutional Court unless they meet the following criteria:
1. Be of Congolese nationality of origin;
2. Have never voluntarily renounced their citizenship;
3. Enjoy all of your civil and political rights;
4. Proven experience of fifteen years in legal fields.
ARTICLE 132.
Section 160 is amended as follows:
The Constitutional Court is responsible for monitoring the constitutionality of laws and acts having the force of law.
Organic laws, before their promulgation, and the Internal Regulations of the Parliamentary Chambers and of Congress, of the Independent National Electoral Commission as well as of the Superior Council of Audiovisual and Communication, before their implementation, must be submitted to the Constitutional Court which rules on their conformity with the Constitution.
For the same purposes of examining constitutionality, laws may be referred to the Constitutional Court, before their promulgation, by the President of the Republic, the President of The National House of Representatives, the President of the Senate or one tenth of the deputies or senators.
The Constitutional Court rules within thirty days. However, at the request of the Government, if there is an emergency, this period is reduced to eight days.
ARTICLE 133.
Section 161 is amended as follows:
The Constitutional Court hears appeals for interpretation of the Constitution upon referral to the President of the Republic, the Government, the President of the Senate, the President of The National House of Representatives, one tenth of the members of each of the Parliamentary Chambers, the governors of Province and the presidents of the Provincial Assemblies.
It judges disputes relating to presidential and legislative elections as well as the referendum.
It experiences conflicts of competence between the Executive Power and the Legislative Power as well as between the State and the Provinces.
It hears appeals against judgments rendered by the Court of Cassation and the Council of State, only in so far as they rule on the attribution of the dispute to the courts of the judicial or administrative order. This appeal is only admissible if a declination of jurisdiction has been raised by or before the Court of Cassation or the Council of State.
The terms and effects of the remedies referred to in the preceding paragraphs are determined by law.
ARTICLE 134.
Section 163 is amended as follows:
The Constitutional Court is the criminal jurisdiction of the Head of State in the cases and conditions provided for by the Constitution.
ARTICLE 135.
Section 164 is amended as follows:
The Constitutional Court is the criminal judge of the President of the Republic for political offenses of high treason, contempt of Parliament, attacks on honor or probity as well as for insider trading and for other offenses of common law committed in the exercise or during the exercise of their functions. She is also competent to judge their co-authors and accomplices.
ARTICLE 136.
Section 165 is amended as follows:
Without prejudice to the other provisions of this Constitution, there is high treason when the President of the Republic has intentionally violated the Constitution or is recognized as the author, co-author, or accomplice of serious and characterized violations of Human Rights, of transfer of part of the national territory.
There is an attack on honor or probity, particularly when the personal behavior of the President of the Republic is contrary to good morals or when they are recognized as authors, co-authors or accomplices of embezzlement, corruption, or illicit enrichment.
There is insider trading on the part of the President of the Republic when he carries out transactions on real estate or merchandise regarding which he has privileged information and from which he profits before this information is known to the public. Insider trading involves buying or selling shares based on information that would never be disclosed to shareholders.
There is contempt of Parliament when on questions asked by one or the other Chamber of Parliament on government activity, the President of the Republic provides no response within thirty days.
ARTICLE 137.
Section 166 is amended as follows:
The decision to prosecute as well as the indictment of the President of the Republic is voted by a two-thirds majority of the members of Parliament making up the Congress following the procedure provided for by the Internal Regulations.
The decision to prosecute as well as the indictment of members of the government are voted by an absolute majority of the members making up The National House of Representatives following the procedure provided for by the Internal Regulations.
The members of the indicted government submit their resignations.
ARTICLE 138.
Section 167 is amended as follows:
In the event of conviction, the President of the Republic is stripped of his office. Disqualification is pronounced by the constitutional court.
For offenses committed outside the exercise of their functions, proceedings against the President of the Republic are suspended until the expiration of their mandates. During this time, the prescription is suspended.
ARTICLE 139.
Section 168 is amended as follows:
The judgments of the Constitutional Court are not subject to any appeal and are immediately enforceable. They are obligatory and binding on public authorities, all administrative and jurisdictional, civil and military authorities as well as individuals.
Any act declared non-compliant with the Constitution is automatically void.
ARTICLE 140.
Section 169 is amended as follows:
The organization and functioning of the Constitutional Court are established by an organic law.
Section 5: Public Finances.
Paragraph 1: General provisions.
ARTICLE 141.
Section 171 is amended as follows:
The finances of the central government and those of the provinces are separate.
ARTICLE 142.
Section 172 is amended as follows:
The fiscal year begins on January 1 and ends on December 31.
ARTICLE 143.
Section 173 is amended as follows:
The general account of the Republic is submitted each year to Parliament by the Court of Auditors with its observations.
The general account of the Republic is established by law.
ARTICLE 144.
Section 174 is amended as follows:
Taxes can only be established by law.
Contributing to public expenses constitutes a duty for everyone living in the Democratic Republic of Congo.
Tax exemption or relief can only be established by law.
Paragraph 2: From the Central Bank
ARTICLE 145.
Section 176 is amended as follows:
The Central Bank of Congo is the issuing institution of the Republic
Democratic Congo.
As such, its mission is:
1. the custody of public funds;
2. safeguarding and monetary stability;
3. the definition and implementation of monetary policy;
4. control of all banking activity;
5. economic and financial advice to the Government.
In carrying out these missions and responsibilities, the Central Bank of Congo is independent and enjoys management autonomy.
ARTICLE 146.
No person may be appointed governor or vice-governor of the Central Bank of Congo unless they meet the following criteria:
1. Be of Congolese nationality of origin;
2. Have never voluntarily renounced their citizenship;
3. Enjoy all of your civil and political rights;
4. Proven experience of fifteen years in the financial, administrative, and legal fields.
ARTICLE 147.
Section 177 is amended as follows:
The organization and operation of the Central Bank of Congo are established by an organic law.
Paragraph 3: From the Court of Auditors.
ARTICLE 148.
Section 178 is amended as follows:
A Court of Auditors is established in the Democratic Republic of Congo.
The Court of Auditors reports to The National House of Representatives.
Members of the Court of Auditors must have high qualifications in financial, legal, or administrative matters and professional experience of at least ten years.
ARTICLE 149.
Section 179 is amended as follows:
The composition, organization and functioning of the Court of Auditors are established by an organic law.
ARTICLE 150.
Section 180 is amended as follows:
The Court of Auditors controls, under the conditions established by law, the management of State finances, public property as well as the accounts of the provinces, decentralized territorial entities and public bodies.
Each year, it publishes a report submitted to the President of the Republic, Parliament, and the Government.
The report is published in the Official Journal.
Section 6: The National Bureau of Investigation, The Police, and the Armed Forces.
Paragraph 1: From the National Bureau of Investigation
ARTICLE 151.
The National Bureau of Investigation is responsible for protecting the Congolese people and ensuring respect for the Constitution as well as the close protection of high authorities.
ARTICLE 152.
The National Bureau of Investigation is apolitical. It is at the service of the Congolese Nation. No one can divert it for their own purposes.
The National Bureau of Investigation carries out its action throughout the national territory in compliance with this Constitution and the laws of the Republic.
ARTICLE 153.
Section 195 is amended as follows:
The National Bureau of Investigation is placed under the responsibility of the Ministry of Justice.
ARTICLE 154.
Personnel at all levels, command functions at all times and in all circumstances, must take into account objective criteria linked to physical fitness, sufficient training and proven morality.
ARTICLE 155.
An organic law establishes the organization and functioning of the National Bureau of Investigation.
Paragraph 2: From the Police
ARTICLE 156.
Section 182 is amended as follows:
The Police are responsible for public security, the security of people and their property, the maintenance and restoration of public order as well as the close protection of provincial authorities.
ARTICLE 157.
Section 183 is amended as follows:
The Police are apolitical. It is at the service of the Congolese Nation. No one can divert it for their own purposes.
The Police exercise their action throughout the national territory in compliance with this Constitution and the laws of the Republic.
ARTICLE 158.
Section 184 is amended as follows:
The Police are subject to local civil authority and are placed under the responsibility of the provincial ministry which has internal affairs in its responsibilities.
ARTICLE 159.
Section 185 is amended as follows:
Personnel at all levels, command functions at all times and in all circumstances, must take into account objective criteria linked to physical fitness, sufficient training and proven morality.
ARTICLE 160.
Section 186 is amended as follows:
An organic law establishes the organization and functioning of the Police.
Paragraph 3: Armed Forces.
ARTICLE 161.
Section 187 is amended as follows:
The Armed Forces include the land force, the air force, the naval force and their supporting services.
Their mission is to defend the integrity of the national territory and the borders.
Under the conditions established by law, they participate, in times of peace, in economic, social, and cultural development as well as in the protection of people and their property.
ARTICLE 162.
Section 188 is amended as follows:
The Armed Forces are republican. They are at the service of the entire nation.
No one can, under penalty of high treason, divert them for their own purposes.
They are apolitical and subject to civil authority.
ARTICLE 163.
Section 189 is amended as follows:
Personnel at all levels, command functions at all times and in all circumstances must take into account objective criteria linked to physical fitness, sufficient training and proven morality.
ARTICLE 164.
Section 190 is amended as follows:
No one may, under penalty of high treason, organize military, para-military formations, or private militias, nor maintain armed youth.
ARTICLE 165.
Section 191 is amended as follows:
An organic law establishes the organization and functioning of the Armed Forces.
ARTICLE 166.
Section 192 is amended as follows:
A Higher Defense Council is established.
The Superior Defense Council is chaired by the President of the Republic and, in the event of his absence or incapacity, by the Prime Minister.
An organic law determines the organization, composition, responsibilities, and functioning of the Superior Defense Council.
Section 7: Public Administration
ARTICLE 167.
Section 193 is amended as follows:
Public Administration is apolitical, neutral and impartial. No one can misuse it for personal or partisan purposes.
It includes the civil service as well as all similar organizations and services.
ARTICLE 168.
Section 194 is amended as follows:
An organic law establishes the organization and operation of public services of the central government, the provinces and decentralized territorial entities.