Legal System of DRC

DRC is located in Africa. It is geographically situated in central africa, northeast of angola. The country achieved independence on 30 june 1960 (from belgium). The capital is Kinshasa.

Government Overview

Government Type: semi-presidential republic Chief of State: President Felix TSHISEKEDI (since 20 January 2024) Head of Government: Prime Minister Judith SUMINWA Tuluka (since 29 May 2024) Cabinet: Ministers of State appointed by the president Administrative Divisions: 26 provinces; Bas-Uele (Lower Uele), Equateur, Haut-Katanga (Upper Katanga), Haut-Lomami (Upper Lomami), Haut-Uele (Upper Uele), Ituri, Kasai, Kasai-Central, Kasai-Oriental (East Kasai), Kinshasa, Kongo Central, Kwango, Kwilu, Lomami, Lualaba, Mai-Ndombe, Maniema, Mongala, Nord-Kivu (North Kivu), Nord-Ubangi (North Ubangi), Sankuru, Sud-Kivu (South Kivu), Sud-Ubangi (South Ubangi), Tanganyika, Tshopo, Tshuapa National Holiday: Independence Day, 30 June (1960) Suffrage: 18 years of age; universal and compulsory

Legal System

The legal system of DRC is described as civil law system primarily based on Belgian law, but also customary and tribal law International Law: accepts compulsory ICJ jurisdiction with reservations; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: several previous; latest adopted 13 May 2005, approved by referendum 18-19 December 2005, promulgated 18 February 2006 Amendment Process: proposed by the president of the republic, by the government, by either house of Parliament, or by public petition; agreement on the substance of a proposed bill requires absolute majority vote in both houses; passage requires a referendum only if both houses in joint meeting fail to achieve three-fifths majority vote; constitutional articles, including the form of government, universal suffrage, judicial independence, political pluralism, and personal freedoms, cannot be amended

Judicial Branch

Highest Court(s): Court of Cassation or Cour de Cassation (consists of 26 justices and organized into legislative and judiciary sections); Constitutional Court (consists of 9 judges) Judge Selection: Court of Cassation judges nominated by the Judicial Service Council, an independent body of public prosecutors and selected judges of the lower courts; judge tenure NA; Constitutional Court judges - 3 nominated by the president, 3 by the Judicial Service Council, and 3 by the legislature; judges appointed by the president to serve 9-year non-renewable terms with one third of the membership renewed every 3 years Subordinate Courts: State Security Court; Court of Appeals (organized into administrative and judiciary sections); Tribunal de Grande Instance; magistrates’ courts; customary courts

Legislative Branch

The legislative structure consists of bicameral Lower Chamber: National Assembly (Assemblée nationale) (500 (all directly elected) seats) Electoral System (Lower Chamber): mixed system Upper Chamber: Senate (Sénat)

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of the Democratic Republic of the Congo Suffrage: 18 years of age; universal and compulsory

Historical Background

Bantu, Sudanic, and other migrants from West and Northeastern Africa arrived in the Congo River Basin between 2000 B.C. and A.D. 500. The territory that is now the Democratic Republic of the Congo has more than 200 ethnic groups that trace their histories to many communal organizations and kingdoms. The Kingdom of Kongo, for example, ruled the area around the mouth of the Congo River from the 14th to 19th centuries.

This article provides a summary of the legal system and governmental structure of DRC based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.