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Viewing cable 07KINSHASA179, DRC'S COURTS SLOW TO RESOLVE ELECTORAL DISPUTES

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Reference ID Created Released Classification Origin
07KINSHASA179 2007-02-14 16:28 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kinshasa
VZCZCXRO7852
PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #0179/01 0451628
ZNR UUUUU ZZH
P 141628Z FEB 07
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC PRIORITY 5604
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
UNCLAS SECTION 01 OF 02 KINSHASA 000179 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM KJUS CG ELECTIONS
SUBJECT: DRC'S COURTS SLOW TO RESOLVE ELECTORAL DISPUTES 
 
REF: A. 05 KINSHASA 1782 
     B. KINSHASA 161 
     C. KINSHASA 130 
 
1. (SBU) Summary: More than 100 electoral disputes over seats 
in the DRC's National Assembly remain unresolved nearly seven 
months after the July 30 vote. The Supreme Court has been 
largely incapable of handling the large number of challenges 
filed, leading to a delay of more than three months in 
finalizing National Assembly results. Appellate courts 
hearing challenges to provincial and gubernatorial elections 
have likewise been slow to rule. The overburdened judicial 
system along with several challenges to the electoral process 
itself have left many important legislative posts vacant. End 
summary. 
 
--------------------------------------- 
OVERWHELMING CASELOAD FOR SUPREME COURT 
--------------------------------------- 
 
2. (U) A total of 372 challenges to the results of the July 
30 legislative elections were filed with the DRC's Supreme 
Court. Figures provided by the DRC's Independent Electoral 
Commission (CEI) show that the majority of these cases -- 233 
in total -- were dismissed on technical grounds. Another 123 
are still being deliberated with decisions expected by the 
end of February, according to CEI officials. 
 
3. (U) The remaining 16 challenges have produced three 
different outcomes. As reported ref A, elections in two 
districts -- Befale in Equateur province and Mweka in Western 
Kasai -- were annulled after the discovery of voter fraud and 
intimidation. The CEI has not yet organized re-votes because 
of continuing legal challenges to the Court decision. Another 
nine results were overturned after recounts, with candidates 
previously declared winners replaced by opponents. These 
reversals have not affected the overall balance of power in 
the National Assembly, but are being contested at the Supreme 
Court by the original winners. Finally, the vote tabulation 
for two elections were altered after a new vote count, but 
the final results remained the same. 
 
4. (SBU) The Supreme Court has been slow in ruling on 
electoral disputes and has demonstrated limited proficiency 
in adjudicating such cases. The Court initially had a 
mid-November deadline to rule on National Assembly 
challenges, but had decided only 125 cases by that time (ref 
A). In the past three months, it has ruled on an additional 
124 challenges, and now has 123 presumably to finish by the 
end of February. CEI judicial experts said the Court's 
justices are often overwhelmed by their caseload, have few 
resources at their disposal, and are not proficient or 
entirely competent in interpreting the country's electoral 
law. 
 
--------------------------------------------- 
APPELLATE COURTS ALSO FLOODED WITH CHALLENGES 
--------------------------------------------- 
 
5. (U) The DRC's appellate courts are responsible for hearing 
challenges to provincial and gubernatorial elections. While 
their caseloads have not been as substantial as the Supreme 
Court's, 90 challenges to the October 29 provincial elections 
remain to be adjudicated. The courts received a total of 232 
challenges to provincial elections and have dismissed 142. 
The remaining 90 are either under deliberation by the courts, 
or the courts have requested claimants to provide additional 
information before proceeding with their cases. A total of 13 
challenges were brought to the gubernatorial elections, all 
of which have been decided. 
 
6. (U) Appellate courts have also received 30 challenges 
regarding the selection of the 58 traditional chiefs ("chefs 
coutumiers") selected to the 11 provincial assemblies. Four 
cases remain under deliberation by the appellate courts in 
Kinshasa and Mbuji-Mayi, while the remaining 26 have been 
ruled upon. Nine challenges were declared admissible, three 
of which have been further appealed to the Supreme Court. 
 
--------------------------------------------- --- 
ONE DISPUTE AFFECTS BAS-CONGO GUBERNATORIAL RACE 
--------------------------------------------- --- 
 
7. (SBU) Of those challenges deemed admissible, the one in 
Bas-Congo has had an impact on the wider electoral process. 
Former presidential candidate and nominal Jean-Pierre Bemba 
 
KINSHASA 00000179  002 OF 002 
 
 
ally Eugene Diomi challenged the credentials of one 
traditional chief who was given a seat in the provincial 
assembly, and claimed he (Diomi) was entitled to the seat. 
The Bas-Congo appellate court agreed that the basis on which 
the traditional chief was originally selected was flawed, and 
he was removed from the provincial assembly. The seat was 
still vacant when the assembly held gubernatorial elections 
in January, resulting in a 15-14 vote that has been 
challenged in court (ref B). It is likely that had Diomi been 
awarded the seat, the vote would have been tied, leading to a 
runoff election and avoiding the legal challenges currently 
underway. The Supreme Court's decision on an appeal of the 
Bas-Congo runoff is expected by February 15. 
 
--------------------------------------------- 
GUBERNATORIAL ELECTIONS IN KASAIS FINALLY SET 
--------------------------------------------- 
 
8. (U) Two other gubernatorial elections have not yet been 
held because of legal challenges. As reported ref C, two MLC 
candidates in Eastern and Western Kasai were alleged to have 
dual nationality, and their credentials were challenged by 
the CEI. Appellate courts in both provinces upheld the 
candidacies of Alex Kande and Dominique Kanku. The CEI 
appealed both rulings to the Supreme Court, which rejected 
them February 9. The CEI, which had originally postponed the 
Kasai gubernatorial elections to February 10, has now set 
them for February 15. 
 
--------------------------------------- 
COMMENT: HIGHLIGHTING JUDICIAL WEAKNESS 
--------------------------------------- 
 
9. (SBU) Delays in adjudicating electoral disputes highlight 
the weaknesses of the DRC's judicial system. Justices are 
faced with an often overwhelming caseload and do not have the 
skill, resources or expertise to rule quickly or correctly in 
many cases. The delays have resulted in an often heated 
political debate and delayed the work of a newly-elected 
government. Widespread perception that the courts are 
susceptible to political pressures further complicate the 
picture. The courts have not performed well and will require 
significant reform to function effectively. End comment. 
MEECE