SUPREME COURT ALLOWS OCTOBER 29 DR CONGO ELECTION

UNCLAS KINSHASA 001451 SIPDIS SIPDIS E.O. 12958: N/A TAGS: PGOV KDEM KPKO CG ELECTIONS SUBJECT: SUPREME COURT ALLOWS OCTOBER 29 DR CONGO ELECTION DATE TO STAND REF: KINSHASA 1438 ¶1. (U) The DRC's Supreme Court ruled September 15 that the October 29 date for the second-round presidential run-off election can stand. Responding to a September 5 appeal filed by the Independent Electoral Commission (CEI),the Court declared that it is "technically impossible" to organize elections in 15 days (as mandated by the constitution and electoral law) due to logistical and materiel difficulties. In addition, the Court said elections had to take place in a way that was "properly prepared." ¶2. (U) The Court ruled that the CEI will have up to 50 days to organize the elections from the time the first-round results are officially confirmed. It rejected the CEI's general argument that the logistical hurdles for election preparations constituted a "force majeur" ("unforeseen obstacle"). This decision overrides the Court,s September 13 advisory opinion which declared the October 29 date "unconstitutional" (reftel). The Court's 50-day extension gives the CEI until November 4 to hold the presidential and provincial assembly elections. ¶3. (U) Separately, the Court rejected the eight challenges that had contested the results of the first round of presidential elections July 30. It thus confirmed that transitional President Joseph Kabila won 44.8 percent of the vote and Vice President Jean-Pierre Bemba 20.03 percent. The decision paves the way for the CEI to undertake preparations for the October 29 second-round presidential and provincial assembly voting. MEECE