20, January 2019
Congo-Kinshasa: Top court upholds Tshisekedi presidential election win 0
DR Congo’s top court on Sunday declared opposition leader Felix Tshisekedi the winner of disputed presidential elections after throwing out a legal challenge by the runner-up.
Announcing the final results of the long awaited poll, the Constitutional Court said Tshisekedi had won by a simple majority, paving the way for him to take over from longterm leader Joseph Kabila in an official ceremony on Tuesday.
Runner-up Martin Fayulu immediately called on the international community to reject the results, after the court said his appeal was “unfounded”.
“I ask the entire international community not to recognise a power that has neither legitimacy nor legal standing to represent the Congolese people,” he said of Tshisekedi, declaring himself “the only legitimate president”.
Inspired by
Tshisekedi’s victory was first announced earlier this month based on provisional results by the Independent National Election Commission (CENI) but it was challenged both at home and abroad, with the African Union appealing for the final results to be delayed.
On Sunday, the Consitutional Court said Fayulu had failed to prove any inaccuracies. “Only the CENI has produced authentic and sincere results,” judge Noel Kilomba said.
Hundreds of supporters of Tshisekedi had gathered outside the court holding placards saying “No to interference” and “Independent country” as riot police stood nearby.
‘Not their business’
The election commission announced on January 10 that Tshisekedi had provisionally won with 38.57 percent of the vote against Fayulu’s 34.8 percent.
Fayulu denounced the figures as an “electoral coup” forged by Tshisekedi and Kabila, and filed an appeal with the Constitutional Court.
At a summit on Thursday, AU leaders said there were “serious doubts” about the vote’s provisional results and called for the announcement of the final results to be suspended.
But DR Congo government spokesman Lambert Mende had snubbed the demand, saying: “I don’t think it is the business of the government or even of the African Union to tell the court what it should do.”
The AU also announced that its commission chief Moussa Faki Mahamat and Rwanda’s President Paul Kagame, currently the AU chairman, were expected to fly to DR Congo on Monday.
The European Union said it joined the AU in inviting “all the Congolese players to work constructively with this (AU) delegation to find a post-electoral solution which respects the Congolese people’s vote”.
Appeal
The Financial Times and other foreign media have reported seeing documents that confirm Fayulu as the winner.
“If the court declares Tshisekedi victor, the risk of isolation would be enormous and untenable for a country positioned right in the middle of the continent,” Adeline Van Houtte of the Economist Intelligence Unit wrote on Twitter.
Fayulu’s camp had hailed the AU appeal for the final result to be put on hold, but Tshisekedi’s entourage branded it “scandalous”.
The dispute has raised fears that the political crisis that began when Kabila refused to step down at the end of his constitutional term in office two years ago, could turn into a bloodbath. The vast and chronically unstable country lived through two regional wars in 1996-97 and 1998-2003, and the previous two elections, in 2006 and 2011, were marred by bloody clashes.
The AU has taken the firmest line of all major international bodies with regard to the post-election crisis. The Southern African Development Community (SADC), a bloc that includes Angola and South Africa, initially called for a recount and a unity government.
But in a later communique, it made no mention of those demands, instead calling on Congolese politicians to “address any electoral grievances in line with the Democratic Republic of Congo’s Constitution and relevant electoral laws”.
(AFP)
24, January 2019
Congo-Kinshasa set for historic transfer of power under shadow of disputed election 0
Felix Tshisekedi is to be sworn in on Thursday as president of Democratic Republic of Congo, marking the country’s first-ever peaceful handover of power after chaotic and bitterly-disputed elections. At 55, opposition leader Tshisekedi takes over from Joseph Kabila who is stepping aside after 18 years at the helm of sub-Saharan Africa’s biggest country.
The inauguration will take place at the Palace of the Nation, the seat of the presidency, at noon (1100 GMT), aides to Tshisekedi and Kabila said on Wednesday.
One of Tshisekedi’s first tasks will be to appoint a prime minister in a move which will see him sharing power with Kabila’s supporters, who hold an overwhelming majority in parliament.
The ceremony caps more than two years of turmoil sparked by Kabila’s refusal to step down when he reached the constitutional limit on his term in office.
Turbulence
A country the size of continental western Europe, DR Congo has lived through two regional wars in 1996-97 and 1998-2003.
The last two presidential elections, in 2006 and 2011 — both of which were won by Kabila — were marred by bloody clashes.
The ballot, which took place on December 30 after being delayed three times, surprised many by the lack of violence, but a political storm swiftly brewed over the count.
Tshisekedi was declared winner with 38.5 percent of the vote, over his opposition rival Martin Fayulu, who was credited with 34.8 percent.
Fayulu branded the result a fix but lost a challenge to the Constitutional Court and foreign support for his position ebbed as countries took comfort in a peaceful transition.
“The opposition has run out of recourse to challenge the election results and the threat of widespread post-election violence is gradually subsiding,” said Robert Besseling of EXX Africa, a business risk consultancy.
Many challenges
Tshisekedi heads the Union for Democracy and Social Progress (UDPS), DR Congo’s oldest and largest opposition party, which was founded and led by his father Etienne.
Analysts say he faces a raft of pressing problems after taking the oath of office. He must defuse the anger of Fayulu’s supporters, carry out his campaign pledge of ending the “gangrene” of corruption after the Kabila era, and forge a power-sharing arrangement with the outgoing president’s bloc.
The pro-Kabila Joint Front for Congo (FCC), controls 337 seats in the 500-member National Assembly against 102 for Fayulu’s coalition, Lamuka, and 46 for his own coalition, Heading for Change (Cach).
“Tshisekedi will have little margin for manoeuvre,” said Stephanie Wolters at South Africa’s Institute for Security Studies (ISS) think tank.
According to a “political coalition agreement” seen by AFP which outlines an arrangement for “power-sharing” between the FCC and Cach, the position of prime minister “will be rotated every five years.”
And the defence, foreign affairs and interior portfolios will go to “the president’s political family”.
Kabila himself will become a senator for life, a position reserved for outgoing presidents under the constitution, but he is widely expected to wield influence through his supporters. His family has acquired a wide range of assets during the many years in power.
Kabila congratulated Tshisekedi on the eve of his inauguration, saying he will hand over power to his successor “without regret or remorse”.
In his first speech since the election, Kabila said Tshisekedi can count on him “whenever he wants” and called for a “grand coalition of all the progressive forces”.
“A coalition against the predatory forces that have come together and will always try to join forces to monopolise our natural resources,” he said.
Conflict and poverty
Beyond the politics, Tsishekedi also has to deal with the brutal militias who control parts of the country’s strife-torn east where an Ebola epidemic is also unfolding.
He also has to meet the expectations of his supporters about easing poverty, which afflicts the vast majority of the country’s 80 million citizens.
Despite the poverty, DR Congo boasts a treasure trove of minerals, ranging from gold and diamonds to copper and coltan — a mineral essential for the batteries used in hand-held electronic devices.
Yet, in a country where graft is entrenched, very little of the wealth trickles down to the poor. It ranks a mere 176th on the 189-nation Human Development Index compiled by the United Nations’ Development Programme (UNDP).
(AFP)