DRC: Party registration

Updated September 2006

The registration of political parties in the DRC is governed by Law No 04/002 of 15 March 2004, Concerning the Organisation and Operation of Political Parties ("Law 04/002 2004"). The law guarantees political pluralism and outlaws the establishment of a one-party State (Law 04/002 2004, 1, 10). Parties are defined as "an association of the natural persons of Congolese nationality sharing the same ideology and the same social programme, with a view to obtaining and exercising the State power democratically and peacefully"; parties participate in elections, in the formation of the national consciousness and in civic education (Law 04/002 2004, 2).

Freedom to organise and act is guaranteed, within the bounds established by the Constitution, the law and the requirements of public order and social morality; parties are expected to respect the principles of democratic pluralism and of national sovereignty and unity (Law 04/002 2004, 3). Parties have the right to equal treatment by the State, public services and by holders of public office; civil and military authorities must extend assistance and protection to them when they need it (Law 04/002 2004, 4).

All Congolese over the age of 18 have the right to join or leave any political party they wish, with the exception of magistrates, members of the security forces and civil servants, while traditional authorities may neither form nor join a political party (Law 04/002 2004, 8). On the other hand the exercise of political rights is in no way conditioned on political party affiliation (Law 04/002 2004, 9).

Terms of party formation

Parties are obliged to have a national character and may not reflect the special interests of a particular family, clan, tribe, ethnic group, province, sub-area of the country, race, religion, language, gender or other origin, or discriminate on these grounds (Law 04/002 2004, 5 a)). They must further (Law 04/002 2004, 5 b)-e)):

  • Respect the principle of change of power by way of the free choice of the people.
  • Consolidate national unity.
  • Preserve the sovereignty of the Congolese State.
  • Respect the republican, democratic, social, secular and indivisible character of the Congolese State.
  • Commit themselves to the promotion of democracy in their own party, to human rights and fundamental freedoms, They must refrain from the use of violence or force as a mean of expression, of political action and of access to or maintenance of power.

Political parties are forbidden, on pain of dissolution, to take on a military or paramilitary character (Law 04/002 2004, 6). The leader of a political party who violates this provision is liable to prosecution in terms of the security laws (Law 04/002 2004, 30).

Registration application requirements

The founding members of a political party must (Law 04/002 2004, 11):

  • Be Congolese nationals;
  • Be at least 25 years old;
  • Be in possession of civil and political rights;
  • Have good physical and mental health and of a virtuous life and good morals;
  • Be a university graduate or have equivalent training have recognised professional or political experience;
  • Be domiciled in the DRC; and
  • Not have been sentenced to imprisonment unless amnesty and judicial rehabilitation has been granted.

Application for the registration of a party is made by the founding members to the Minister of Home Affairs and must include three copies of (Law 04/002 2004, 12):

  • A registration application signed by at least three founding members who have been mandated to do so by their peers;
  • the party constitution signed by at least one founding member of the political party per province as well as the adoption resolution of the founding assembly of the party;
  • the party social vision and programme;
  • a declaration related to the assets and to the revenue sources envisaged by the party for realising its objectives;
  • a non-refundable administrative fee determined by the Cabinet;
  • the files of each founding member, containing the following:
    • a curriculum vitae certified as true;
    • a birth certificate and a passport photo;
    • a nationality certificate;
    • a medical certificate dated no older than three months, issued by three State or certified doctors;
    • a certificate of good behaviour, lifestyle and morals no older than three months;
    • a criminal record no older than three months; and
    • a certificate of residence issued by the relevant local administrative authority.

The party constitution must include (Law 04/002 2004, 13):

  • The party name, acronym and the symbol;
  • the address of the party in the DRC;
  • a commitment to respect the constitution, the law, public order, good morals as well as the terms of party formation listed above;
  • the fundamental principles underlying the social programme of the party;
  • definitions of the various categories of membership;
  • the conditions of membership, suspension and expulsion;
  • the rights and obligations of members;
  • the organisation of the party, especially the appointment and removal of leaders including the duration of their mandate and the extent of their agency;
  • the disciplinary system applicable to the members;
  • the mechanisms for resolving internal conflicts;
  • the funding of the party;
  • the form for annual accounts;
  • the rules governing the amendment of the constitution and for the dissolution of the party; and
  • the disposal of the assets of the party on dissolution.

Registration and appeal processes

The process of registration and appeal is governed by Law 04/002 2004, 14. If the registration application conforms to the requirement listed above, the Minister of Home Affairs must issue a registration certificate within 30 working days; should he fail to do so the party is deemed registered and he is obliged to issue a certificate within 15 days. If he fails to do the receipt for the administrative fee is deemed to be the certificate. If the application is deficient the founding members are requested to remedy the matter within 15 days. Should they fail to do so the Minister may issue a written rejection of application explaining the reasons for the decision.

If the application is rejected, the founding members may make an administrative appeal to the Minister, who must render a decision within 15 days. Should this be unsuccessful, the founding members may lodge an appeal to the Supreme Court with the the Clerk's Office within 60 days and the Court must make its finding within 15 working days. If the appeal is successful the order of Court takes the place of registration certificate and the Minister is notified accordingly. Should the Supreme Court fail to adhere to this timeframe, the proof of the deposit of appeal to the Clerk's Office takes the place of registration certificate.

The details of registration must be published in the Government Gazette within three month after the issue of the registration certificate or its equivalent (Law 04/002 2004, 16). Any changes to the constitution of a party must be submitted to the Minister for scrutiny within a month of the change being made; if they are approved the amendments are published in the Government Gazette (Law 04/002 2004, 17).

Party dissolution and suspension

A political party may be dissolved:

  • Through a decision of its competent organs taken in conformity with its constitution and confirmed by an order of the Minister of Home Affairs.
  • By a ruling of the Supreme Court, where the constitution or the law has been violated (Law 04/002 2004, 31).
  • Where a political party has violated the law, public order, good morals its constitution or has threatened the interests of one of its members or of a third party, a County Court may cancel its registration; the judgements of these courts may be appealed against (Law 04/002 2004, 28).

If a party threatens national unity and independence, the territorial integrity of the Republic, the sovereignty of the Congolese State or the democratic order, or badly disturbs the public order, the party may be suspended from activity by the relevant territorial authority for 15 days. The party may, after investigations have been completed by the public prosecutor, be prosecuted and subjected to the sanctions of the courts, including dissolution; parties may appeal to the courts against suspensions (Law 04/002 2004, 29).

In the run-up to the 2006 elections, according to Denis Kadima and Dieudonné Tshiyoyo (2009, 114), "The Ministry of the Interior refused to register Etienne Tshisekedi's UDPS, arguing that the party had not duly submitted an application. The UDPS disagreed with the ministry, claiming that it had submitted all the required documents and had a receipt issued by the authorities attesting to this. This situation led to a stalemate which frustrated the UDPS and its supporters and ultimately culminated in its boycott of the electoral processes. Besides this case, the registration of political parties was conducted smoothly".

References

KADIMA, D & TSHIYOYO, D 2009 "Chapter 4: Democratic Republic of Congo" IN Denis Kadima and Susan Booysen (eds) Compendium of Elections in Southern Africa 1989-2009: 20 Years of Multiparty Democracy, EISA, Johannesburg.

LAW NO 04/002 OF 15 MARCH 2004, concerning the Organisation and Operation of Political Parties
Loi No 04/002 du 15 Mars 2004 portant organisation et fonctionnement des partis politiques.