Chapter 2: Provinces
Section 1 : Provincial political institutions .
ARTICLE 169.
Section 195 is amended as follows:
The provincial institutions are:
1. The provincial Governor;
2. the Provincial Government;
3. the Provincial House of Representatives.
Paragraph 1: From the provincial Governor.
ARTICLE 170.
Section 122 is amended as follows:
Provincial executive power is entrusted to the provincial Governor. He will exercise his functions for the five-year term, renewable or re-exercised once during his life, and, with the vice-governor, chosen for the same term.
At the end of his mandate, the provincial Governor remains in office until the effective installation of the new elected Governor.
ARTICLE 171.
The provincial Governor 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 Provincial 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 172.
No person can stand as a candidate for the election of Provincial Governor, and their candidate for vice-governorate cannot 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 for elections in their constituency, ten days before the publication by the Independent National Electoral Commission of the temporary list of candidates for the provincial governor elections.
ARTICLE 173.
The ballot for the election of provincial Governors is convened by the Independent National Electoral Commission, one hundred days before the expiration of the mandate of the provincial Governors in office.
30 days are granted to the National Independent Provincial Electoral Commission to publish the final list of candidates for the election of Provincial Governor.
After this period, 30 days are given to the electoral campaign.
The elections for Provincial Governors take place on the first Saturday following the end of the electoral campaign.
Then, ten days are granted to the Independent National Electoral Commission to publish the provincial results of the provincial Governor election.
If no candidate obtains an absolute majority, the Independent Provincial 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 provincial Governor election.
ARTICLE 174.
The elected Provincial Governor takes office within ten days following the proclamation of the final results of Provincial Governor.
Before taking office, the Provincial Governor takes the following oath before the Constitutional Court:
“I... elected Governor of the province of... I solemnly swear before the nation:
- to observe and defend the Constitution and the laws of the Republic;
- 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 175.
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 Provincial Governor are provisionally exercised by the Vice-Provincial Governor.
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 Provincial Vice-Governor are provisionally exercised by the provincial Minister of the Interior.
ARTICLE 176.
The vacancy of the Provincial Governorate 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 Provincial Governor are carried out permanently by the Vice-Provincial Governor until the end of the mandate. He has 72 hours to present a new vice-governor, who must be sworn in within 24 hours of presentation before the Constitutional Court.
The vacancy of the Provincial Vice-Governor is declared by the Constitutional Court seized by the Provincial Governor.
In the event of a vacancy or when the impediment is declared definitive by the Constitutional Court, the functions of Vice-Provincial Governor are assumed temporarily by the provincial Minister of the Interior and the Provincial Governor has 72 hours to present a new Vice-Governor. Provincial governor, who must take the oath within 24 hours of presentation before the Constitutional Court.
ARTICLE 177.
The provincial Governor sends messages to the province.
He communicates with the Provincial House of Representatives through messages that he reads or has read and which do not give rise to any debate.
Once a year, he delivers a speech to the Provincial House of Representatives on the state of the province.
Paragraph 2: From the Provincial Government.
ARTICLE 178.
The provincial government is made up of a Governor, a Vice-Governor, and provincial ministers.
Provincial ministers are appointed by the Governor outside the Provincial House of Representatives. They only take office after having obtained the individual approval of the Provincial House of Representatives meeting in plenary session.
The number of provincial ministers cannot exceed ten.
The members of the Provincial Government may be, with the exception of the provincial governor, individually, relieved of their functions by the vote of a motion of censure or no confidence of the Provincial House of Representatives.
Paragraph 3: Of the Provincial House of Representatives.
ARTICLE 179.
Section 197 is amended as follows:
The Provincial House of Representatives is the deliberative body of the province. It deliberates in the area of powers reserved for the province and controls the provincial government as well as provincial and local public services.
It legislates by edict.
It enjoys administrative and financial autonomy and has its own endowment.
The right to vote of members of the Provincial House of Representatives is personal.
Its members are called provincial deputies. They are elected by direct and secret universal suffrage.
Candidacy for the provincial legislative elections is individual. The candidate has the right to designate the political party or political group to which he belongs.
Each provincial deputy is elected with two substitutes.
The provincial deputy represents his constituency, but his mandate is provincial.
Any imperative mandate is null.
The Provincial House of Representatives includes twenty provincial deputies. The distribution of seats by constituency is fixed by electoral law.
The provincial deputy is elected for a five-year term, renewable or re-exercised once during his life.
ARTICLE 180.
Section 196 is amended as follows:
The provinces are organized in accordance with the principles set out in article 1 of this Constitution.
Territorial subdivisions within the provinces are established by an organic law.
ARTICLE 181.
Section 199 is amended as follows:
Two or more provinces may, by mutual agreement, create a framework for the harmonization and coordination of their respective policies and jointly manage certain services whose responsibilities relate to matters falling within their jurisdiction.
ARTICLE 182.
Section 200 is amended as follows:
A conference of provincial governors is established.
Its mission is to issue opinions and make suggestions on the policy to be pursued and the legislation to be enacted by the Republic.
The conference of provincial Governors is made up, in addition to the Provincial Governors, of the President of the Republic.
It is chaired by the President of the Republic.
It meets at least twice a year when convened by its President.
It is held in turn in each province.
An organic law determines the terms of organization and operation.
Section 2: The relationship between the central power and the provinces
ARTICLE 183.
Section 205 is amended as follows:
A Provincial House of Representatives cannot legislate on matters within the exclusive competence of the central power. Conversely, The National House of Representatives and the Senate cannot legislate on matters within the exclusive jurisdiction of a province. However, The National House of Representatives and the Senate may, by law, authorize a
Provincial House of Representatives to issue edicts on matters within the exclusive jurisdiction of central power. When The National House of Representatives and the Senate terminate the delegation of power thus given to the Provincial House of Representatives, the provisions of the provincial edicts promulgated in matters of the exclusive competence of the central power, by virtue of this delegation of power, however remain in force in the province concerned until a national law has regulated these matters.
Likewise, a Provincial House of Representatives may, by an edict, empower The National House of Representatives and the Senate to legislate on matters within the exclusive jurisdiction of the province. When the Provincial House of Representatives terminates the delegation of power thus given to The National House of Representatives and the Senate, the provisions of the national laws promulgated in matters of exclusive jurisdiction of the provinces, by virtue of this delegation of power, nevertheless remain in force. force in the province concerned until a provincial edict has regulated them.
In matters falling within the concurrent jurisdiction of the central power and the provinces, any provincial edict incompatible with national laws and implementing regulations is void and automatically repealed, to the extent that there is incompatibility.
National legislation takes precedence over provincial edict.
ARTICLE 184.
Section 206 is amended as follows:
Unless otherwise provided by national legislation, provincial governments implement, through their services, national laws, and regulations.