Kinshasa, October 1st, 2025 (CPA).- The High Military Court of the Democratic Republic of Congo has found the offence of treason against the former President Joseph Kabila for having colluded with a foreign power in other to harm the country, during its hearing on Tuesday in the trial pitting the Republic against the former Head of State. « The High Military Court has preferred the charge of treason to that of espionage, as initially suggested by the civil parties, because treason only applies to (Congolese) nationals who conspire with a foreign power to harm their homeland, whereas the offence of espionage can only be committed by a foreigner, » has explained Brigadier General Nzau Keba, rapporteur for the High Military Court. In the grounds for the ruling of this high military court, the offence of treason has been charged against the former President Joseph Kabila. ‘The High Court finds that the offence of treason has been established in fact and in law against the defendant Joseph Kabila,’ the Brigadier General has explained. Under the provisions he has mentioned, all forms of treason are punishable by death. This offence requires, he has said, four elements, namely ‘the legal element, the nationality of the perpetrator, the material elements and the moral element’. With regard to the nationality of the perpetrator is an essential element, as it is the distinguishing factor between treason and espionage, the senior military magistrate has indicated. Concerning the Kabila case, he has noted: « The High Military Court notes that the defendant Joseph Kabila Kabange is a Congolese national. Indeed, as the prosecuting authority has stated, he is Congolese, given that he has held high office in the Armed Forces of the Democratic Republic of Congo when he was a soldier, and because he has been a candidate for the presidency of the Democratic Republic of Congo, the highest office he held for 18 years, and was recognised as a life senator. » The material elements of this offence are, according to him, « the act of taking up the arms against the Democratic Republic of Congo, maintaining intelligence links with a foreign power or its agents in order to engage that power in hostilities against the Democratic Republic of Congo, or to provide it with the means to do so. To deliver to a foreign power or its agents defence works, posts, ports, warehouses, equipment, ammunition and vessels belonging to the Democratic Republic of Congo. To have the intention of harming national defence, of damaging a ship, aircraft, equipment, supplies, construction or installation of any kind which, for the same purpose, will contribute to this ». In the case of the former President of the Republic, he has said, the material acts of his alliance with foreign powers were first revealed by the testimony of Eric Nkuba, a close associate of Corneille Nangaa, who has reported on communications between Joseph Kabila, Corneille Nangaa and certain Rwandan officers, in which they have discussed their desire to overthrow the institutions of DRC either through a coup d’état or through the physical elimination of the current President of the Republic, Felix Tshisekedi.
Joseph Kabila sentenced to death
The former President Joseph Kabila has been sentenced to death on Tuesday with immediate arrest by the High Military Court during his trial against the military prosecutor’s office for war crimes and crimes against peace, among other charges. « The High Military Court sentences the defendant Joseph Kabila to death for war crimes involving torture, rape, condoning war crimes, treason and insurrection. (…) The High Court also sentences him to pay the costs of the proceedings and orders his immediate arrest, » has declared Lieutenant-General Mutombo Katalay Tiende Joseph, Chief Justice of the court. Ruling on civil actions, this high military court ordered the defendant to pay the sum of USD 29 billion to the civil party of DRC, including five (5) billion for damages, five (5) billion for loss of earnings, nine (9) billion for the destruction of schools, five (5) billion for damages and interest, two (2) billion to the civil party in Nord-Kivu and two (2) billion USD for Sud-Kivu, he has added.
At the hearing to reopen proceedings on September 19th, the military prosecutor had reiterated his closing speech, asking the High Court to sentence former President Joseph Kabila to death for participating in an insurrectionary movement, crimes against humanity through rape, killings by shooting and condoning terrorism.