DRC: Senate submits request for authorization of legal proceedings against Joseph Kabila

Kinshasa, May 2^nd 2025 (CPA) – A request for authorization of legal proceedings against former president Joseph Kabila, in his capacity as senator for life, was submitted on Wednesday to the office of the Senate of the Democratic Republic of Congo by the military prosecutor’s office, the CPA learned on Thursday from a video of the Minister of Justice. ‘On Wednesday, April 30^th, the FARDC auditor general submitted to the office of the Congolese Senate the indictment seeking authorization to prosecute and also the lifting of the immunities of the former Head of State, Mr Joseph Kabila, in his capacity as life senator,’ said Constant Mutamba, the DRC’s justice minister. He also outlined the charges against Joseph Kabila, which include treason, war crimes, crimes against humanity, treason and participation in an insurrectionary movement.This announcement follows the various searches launched at the various properties of the former president, Joseph Kabila, and his probable visit to Goma, a town occupied by the M23, which has reinforced suspicions that he is likely to be involved in this Rwandan army auxiliary movement.  In accordance with Article 104 of the Constitution, elected former Presidents of the Republic are automatically senators for life, and therefore enjoy legislative immunity. In addition, as Head of State, Article 8 of the Law of July 26^th, 2018 on the status of elected former Presidents of the Republic sets out the conditions for prosecuting a former Head of State: ‘Prosecutions against any elected former Head of State are subject to a vote of two-thirds of the members of both chambers of parliament’. The same law also provides for the primacy of national courts in prosecutions for war crimes and crimes against humanity.