PRESIDENT OF NATIONAL ASSEMBLY CLOSES FINAL

UNCLAS KINSHASA 001085 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV KDEM CG SUBJECT: PRESIDENT OF NATIONAL ASSEMBLY CLOSES FINAL PRE-ELECTION SESSION, OPENS NEW POLITICAL DEBATE ¶1. (U) President of the National Assembly Thomas Luhaka invoked "cloture," formally closing the final plenary session of the transitional National Assembly, on July 3. Two crucial pieces of legislation, the draft law on magistrates and the landmark legislation on sexual violence (septel) have been approved by the National Assembly and now await promulgation. The law on magistrates, which has already been amended and approved by the Senate, must now be approved by the Supreme Court and signed by President Kabila. The legislation against sexual violence awaits only Kabila's signature. The next session of the National Assembly, scheduled to open after the July 30 elections, will seat a slate of newly-elected representatives. The real historical challenges, ranging from attempts to build functional political coalitions to the selection (in consultation with the newly elected President) of the future Prime Minister, will thus fall to the election winners. ¶2. (U) Luhaka is also quoted in "Le Potentiel" as supporting the view that a majority of only the National Assembly -- as opposed to a majority of Parliament, which includes the Senate -- is required to select the next Prime Minister. The law states that "the President of the Republic names the Prime Minister from among the parliamentary majority after consultation with it (the Parliament) (article 78)." Luhaka, however, is quoted as saying, "In our understanding, it is only the National Assembly which forms this parliamentary majority from which the President of the Republic names the Prime Minister." ¶3. (SBU) Comment. Luhaka's view is far from universal, and is likely to contribute to ongoing legal and political wrangling until elections are completed and the new President actually proposes -- and the Parliament finally confirms -- a new Prime Minister. However, his public support of this position in his role as President of the outgoing National Assembly is both positive and timely. The GDRC runs great risks in acceding to the view that the Constitution requires the participation of the elected Senate in selecting the Prime Minister. Given the inherent delays involved in electing the Provincial Assemblies, and the further delays in their indirect election of the Senators, it could take months to finally seat the Senate -- which means further delays if the Senate is to be involved in naming a Prime Minister and forming a government. It would be folly for the GDRC to support a view which extends the transition government any longer than absolutely necessary. End comment. MEECE