By RFIPosted 18-01-2019Modified on 18-01-2019 at 16:55
In the DRC, the Constitutional Court has to rule on a series of motions that have been filed concerning the outcome of the presidential election, among others. There is the one tabled by Martin Fayulu, who came in second according to provisional results, and who asks for a recount of the votes. But there is also the request of the candidate Théodore Ngoy who also contests the regularity of this election.
The Constitutional Court has no obligation to deliver judgment on Friday. Indeed, after her referral, she has seven working days to decide. The deadline runs until next Monday.
At the request of Martin Fayulu , who disputes the victory of Felix Tshisekedi, the Constitutional Court has three options. First of all, order a recount of the votes, if it considers that the evidence brought by the party of Mr. Fayulu is founded and likely to modify the result of the elections. Another possibility: if the judge considers that the irregularities are not likely to change the order of arrival of the candidates, he can confirm the provisional results as proclaimed by the Electoral Commission. Finally, the last option: the partial or total cancellation of the polls, but it is a rare case that only happens if the Court considers that there have been so many irregularities and frauds that the elections must be reorganized .
The Court is also considering another request, that of Théodore Ngoy. He denies that the presidential election took place without the constituencies of Beni, Butembo and Yumbi. A decision made by the Electoral Commission that violates the Constitution, according to him. If this request is deemed admissible, the Court could then order the organization of new elections with all Congolese.
Be that as it may, the process is scrutinized very closely by the Congolese, but also by the observers. On Thursday, the Synergy of Congo Election Observation Missions (Symocel), which observed the triple poll on December 30, delivered a first report on the Constitutional Court's review of these multiple applications. She notes a significant dysfunction. The Constitutional Court did not require the CENI to give it the minutes of provisional results, although it is a legal obligation.
" The Court will deliberate without being in possession of the PV provisional results, said PV compilation, because the Ceni did not entrust this element to him. Stakeholders use these PV as evidence. And so, if the PVs are not there, the court will resort to other means of evidence that will be secondary, "said Bishop Abraham, the coordinator of the Symocel.
Secondary, because only the PV have the advantage of being documents signed by the witnesses of all the parties power and opposition. This makes it an important piece of evidence that is not controversial. The Symocel therefore called on the Court to request these documents. Minutes of which the Catholic Church also demands publication by the Electoral Commission.
On the same subject
Elections in the DRC: the underside of the unprecedented communiqué of the African Union
Presidential elections in the DRC: results divide civil society
Elections in the DRC: the Cenco interim report on the results
DRC: AU demands "suspension of final proclamation" of results
DRC: post-election climate tense in Kinshasa
AU invites neighbors of DRC to Addis Ababa to grant views