DRC: Party registration (continued)

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).

References

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, [www] http://www.cei-rdc.cd/loiparti.pdf [PDF document, opens new window].

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