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Viewing cable 07KINSHASA642, WESTERN KASAI GOVERNOR LOSES NO-CONFIDENCE VOTE

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Reference ID Created Released Classification Origin
07KINSHASA642 2007-06-11 15:37 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kinshasa
VZCZCXRO1682
PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #0642/01 1621537
ZNR UUUUU ZZH
P 111537Z JUN 07
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC PRIORITY 6281
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF 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 000642 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM KPKO CG
SUBJECT: WESTERN KASAI GOVERNOR LOSES NO-CONFIDENCE VOTE 
 
REF: KINSHASA 130 
 
1. (SBU) Summary: Western Kasai's provincial assembly passed 
a no-confidence motion against AMP-aligned Governor Tresor 
Kapuku June 7 by a 29-24 vote, even though the AMP holds a 
slim majority. According to the DRC's constitution and 
electoral law, Kapuku must now resign and the Independent 
Electoral Commission (CEI) must organize a new gubernatorial 
election in 15 days. The no-confidence measure followed 
months of tense relations between the governor and the 
assembly. AMP-aligned deputies claim the vote did not follow 
correct procedures, and Kapuku himself has contested the 
result in court. End summary. 
 
2. (U) Western Kasai's provincial assembly voted June 7 29-24 
to adopt a motion of no-confidence against Governor Tresor 
Kapuku, a member of the Rally for Congolese Democracy (RCD) 
party aligned in Western Kasai province with the pro-Kabila 
Alliance for the Presidential Majority (AMP). The result 
surprised many as the AMP holds a slim majority in the 
assembly with 28 of 54 seats, including eight deputies from 
the RCD. According to the DRC's constitution and electoral 
law, Kapuku must resign his position, and the CEI is required 
to organize a new gubernatorial election within 15 days. Vice 
Governor Hubert Mbingho, a former mayor of the diamond town 
of Tshikapa, will assume the governor's functions until the 
election. 
 
3. (U) Fifteen opposition deputies brought the no-confidence 
measure to the assembly June 4, claiming Kapuku had committed 
numerous "flagrant acts of contempt" against the assembly and 
violated several important elements of the constitution. 
Among Kapuku's alleged misdeeds, the group cited his failure 
to acknowledge the assembly during his official handover 
ceremony with the outgoing governor; his refusal to meet with 
the assembly's executive officers on at least one occasion; 
his "unilateral elaboration" of the provincial budget before 
the Ministry of Interior without consulting the assembly; and 
the expulsion of the assembly's president from a state-owned 
building he had claimed as his official residence. 
 
4. (SBU) A group of 27 AMP-aligned provincial deputies issued 
a statement June 7 contesting the vote. They argued the 
motion was not properly submitted for consideration and 
should therefore be declared invalid. In addition, they 
claimed deputies were impeded from marking their ballots 
clearly because the vote was held in near-darkness. (Note: As 
balloting began, the power went out in the assembly's 
chamber, forcing deputies to vote by candlelight or by the 
light of their cell phone displays. End note.) They also 
noted that Kapuku did not have an opportunity to defend 
himself before the assembly in advance of the vote, even 
though the assembly's executive office had invited him to do 
so. (Note: Kapuku, along with all other provincial governors, 
had been in Kinshasa until the morning of June 7 at the 
request of the Interior Ministry to discuss the budget and 
decentralization. End note.) 
 
5. (SBU) Kapuku filed a motion June 9 with the Kananga court 
of appeals seeking the vote's annulment. Kapuku himself told 
PolOff June 6, the day before the vote, that he did not 
believe the motion would pass. He claimed the effort was 
driven in large part by a disagreement with provincial 
assembly president Homer Mijimbu, who claims that a 
particular state-owned building was to serve as his official 
residence. Although the former non-elected governor had 
designated the building for Mijimbu, Kapuku rejected the 
claim, expelled the president from the property, and later 
installed one of his provincial ministers at the site. 
 
6. (SBU) Although the CEI is charged with organizing a new 
gubernatorial election in 15 days, Commission officials claim 
they lack the means to do so in the prescribed time. CEI 
spokesman Dieudonne Mirimo told us that in any case the 
Commission will have to wait for any court rulings before 
proceeding. Kapuku is allowed to run again for governor if he 
chooses. 
 
7. (U) Kapuku's initial election as governor was marked by 
controversy. In a move to discredit his main opponent, Alex 
Kande of Jean-Pierre Bemba's MLC, Kapuku filed a motion with 
the court to disqualify Kande on the grounds that he held 
dual nationality, and therefore was ineligible to run 
(reftel). The gubernatorial election was delayed, but 
Kapuku's gambit failed, and Kande stayed in the race. Kapuku 
ultimately won in a 28-26 vote by the provincial assembly in 
 
KINSHASA 00000642  002 OF 002 
 
 
February. 
 
8. (SBU) Comment: The no-confidence motion is part of a 
larger battle underway in many provinces between provincial 
assemblies and their governors. Each side, particularly the 
newly-created assemblies, is trying to define its position 
and power over the other based on differing interpretations 
of the constitution, resulting in a political struggle marked 
by boycotts and no-confidence votes rather than dialogue and 
accommodation. The vote also highlights the increasing 
fragility of the AMP coalition. In particular, with its 
critical eight-person caucus, the RCD is particularly 
important in the Western Kasai assembly. Having been frozen 
out of Kinshasa government positions, and with RCD national 
President Azarias Ruberwa having subsequently declared 
himself allied with the opposition, it is doubtful that the 
RCD could be counted upon as a reliable component of the AMP 
coalition. End comment. 
MEECE