DRC ELECTIONS: SUPREME COURT BEHIND SCHEDULE IN

UNCLAS SECTION 01 OF 02 KINSHASA 001782

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV KDEM CG ELECTIONS
SUBJECT: DRC ELECTIONS: SUPREME COURT BEHIND SCHEDULE IN
RULING ON LEGISLATIVE CONTESTS

REF: A. KINSHASA 1412

B. KINSHASA 1714

C. KINSHASA 1213

D. KINSHASA 1777


1. (U) Summary: The DRC's Supreme Court has fallen behind
schedule in ruling on legal challenges to the results of the
July 30 legislative elections. The DRC's electoral law
stipulates the Court has two months to deliberate and rule on
electoral complaints. As of November 18, however, the Court
has issued judgments on only one-third of the cases brought
before it. The Court has overturned seven legislative
elections thus far and ordered re-votes in two districts
because of significant voting irregularities. The delay in
proceedings will have minimal impact on the functioning of
the National Assembly, but raises serious questions about the
Court's capabilities and jurisprudence. End summary.


2. (U) A total of 348 complaints regarding the July 30
legislative elections were brought before the Supreme Court
during the legal challenge period from September 8-11. These
challenges contested the provisional legislative election
results announced by the Independent Electoral Commission
(CEI) on September 7 (ref A). Two additional challenges were
allowed to be submitted late due to "exceptional
circumstances"; another eight were brought forward
challenging Supreme Court decisions on previous legislative
election cases.


3. (U) According to the DRC's electoral law, the Court has
two months to deliberate and rule on electoral challenges, a
period which should have ended November 12. As of November
18, however, the Court has issued judgments for National
Assembly seats on only 125 of the 358 registered cases, or
roughly one-third of all challenges. The Court issued a
statement November 11 saying that because of its significant
caseload, and the need to examine properly all cases, it was
extending the time permitted by the electoral law to rule on
the remaining challenges. The Court added that since the law
carries no sanctions for not respecting the two-month time
period, it was within its rights to extend its deliberations.

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MOST CASES "INADMISSIBLE"
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4. (U) The majority of cases -- 78 in total -- on which the
Court has ruled have been thrown out on technical grounds.
They were dismissed because they failed to meet any of three
required conditions: the case was submitted by the proper
authorities; was submitted within the prescribed time period;
and was presented in the proper format. Jerome Wani, the
Court's principal clerk, told us most cases were declared
"inadmissible" because the wrong authority submitted the
complaint. He explained that, according to the electoral law,
candidates of political parties are not allowed to submit
challenges on their own behalf. Instead, the complaints must
be registered by the candidate's political party.


5. (U) The Court ruled another 23 cases were groundless. Wani
said most challenges in this category were dismissed because
the claimants failed to provide proof of their allegations or
did not precisely state their complaint. He added that many
challengers simply demanded that "justice must be done,"
rather than asking for a specific legal remedy.

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SEVEN ELECTIONS OVERTURNED
--------------


6. (U) The outcomes of seven legislative elections have thus
far been overturned by the Court. The most notable of these
was the dismissal of RCD-N president Roger Lumbala, an ally
of Vice President Jean-Pierre Bemba, from his seat in Eastern
Kasai province (ref B). Two candidates from Bemba's Movement
for the Liberation of Congo (MLC) party -- one from Western
Kasai, the other from Equateur -- also had their elections
invalidated, and candidates from opposing parties awarded the
seats. One candidate from the pro-Kabila People's Party for
Reconstruction and Democracy (PPRD) in Eastern Kasai was also
replaced by an opposing candidate. The remaining cases
involved rectifying vote counts, resulting in the replacement
of candidates by members of their own parties. None of the
electoral reversals will have any effect on the overall
balance of power in the National Assembly.

KINSHASA 00001782 002 OF 002



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TWO RE-VOTES ORDERED
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7. (U) To date, the Court has ordered re-votes in two
electoral districts. In the Equateur district of Befale, the
Court ruled that, in addition to other irregularities, the
relocation of ten polling stations sufficiently disoriented
voters. The Befale district, which has one seat in the
Assembly, was won by an independent candidate. The Court
decided as well that in the Western Kasai district of Mweka
allegations of voter fraud and stuffed ballot boxes warranted
a re-vote. Mweka, which has three seats in parliament, was
the site of election-day violence July 30 resulting in the
destruction and closure of several polling stations (ref C).
The CEI has not yet set dates for the re-vote in these
districts. Vacancies in these four seats will not impede the
functioning of the National Assembly since it will not affect
the number of deputies needed to maintain a quorum.

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WHY THE DELAYS?
--------------


8. (SBU) Wani said the delays have largely been caused by the
immense case load before the Court. He said most electoral
challengers are demanding the Court physically recount the
ballots in their respective districts before making any
rulings. Wani claimed that the Court is acceding to these
requests in an effort to maintain transparency in the
process. He added that the Court itself has inadequate
facilities and can only permit four audiences a day for
hearings.


9. (SBU) Wani also admitted that many of the Court's judges
are "not motivated" to perform their duties expeditiously. He
said the judges are not well-paid and thus have no incentive
to finish their work on time. He said he believed that many
of the judges do not fully understand the country's election
laws and are therefore hesitant to make decisions.


10. (SBU) Wani could not say how much longer the Court would
need to finish hearing the remaining legislative cases, but
anticipated it could be as long as another two months. The
Court, which is currently involved in hearing Bemba's
challenge to the October 29 presidential results, will
further be delayed in ruling because of the November 21 fire
which destroyed parts of the building and postponed further
sessions (ref D).

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COMMENT: TROUBLING PRECEDENT
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11. (SBU) The Court, charged with defending and upholding the
DRC's election laws, has chosen to disregard one of the
electoral law's provisions simply because there are "no
sanctions" against doing so. Its delays in adjudicating
electoral challenges will fortunately not impede the work or
the installation of the National Assembly, whose members were
seated based on provisional results. All this underlines the
need to professionalize the DRC's judicial sector as an
immediate post-Transition priority. End comment.
MEECE