For other versions of this work, see Constitution of the Democratic Republic of the Congo.

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Constitution the Democratic Republic of the Congo (1964)

Constitution of the Democratic Republic of the Congo (1967)
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Constitution of the Republic of Zaire (1974)

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related portals: Democratic Republic of the Congo, Constitutional documents.

The 1964 constitution, which established a federal system, quickly fell victim to the quarrels within the central power between the president of the republic and the prime minister. Mobutu, the head of the army, took power on 24 November 1965.
The Second Republic was given a constitution on June 24, 1967. It established a unitary regime with a strong presidency and a system that allowed only two political parties to limit the virulence of political struggles. The constitution has been revised 17 times, of which three are noteworthy:
- the 1970 revision established the single party;
- the law of 15 August 1974 aimed to "consecrate Mobutism as the doctrine of the Popular Movement of the Revolution". In fact, it is a new Constitution, which consecrates Mobutu's dictatorship, under the pretext of African authenticity: Leopoldville has become Kinshasa, Congo becomes Zaire, and Joseph Mobutu is now Mobutu Sese Seko Kuku;
- finally, Law No. 90-008 of November 25, 1990, which introduced an integral multiparty system and opened the way to the democratic transition demanded by the opposition.

3760800Constitution of the Democratic Republic of the Congo1967

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The Government of the Republic has proposed;

The Congolese people, in a referendum held from June 4 to 24, 1967, have adopted;

The President of the Republic promulgates the following Constitution:

Preamble edit

We, the Congolese People;

Proclaiming our adherence to the Universal Declaration of Human Rights;

Convinced that there is no greatness in servitude and dependence;

Convinced that only the mobilization of the masses, under the aegis of a revolutionary government, can enable us to guarantee our economic independence, to promote our own values and to consolidate national unity and integrity;

Motivated by the desire to ensure that everyone has an equitable share in the national wealth and material well-being and to create conditions for the moral and spiritual development of all citizens;

Convinced that the peoples of Africa can only be totally liberated from foreign domination through African unity;

Conscious of our responsibilities before God, the Nation and Africa;

Solemnly declare that we adopt this Constitution.

Title I. Of the territory and sovereignty of the Republic edit

Article 1: The Democratic Republic of the Congo is a unitary, democratic and social State.; The Republic comprises the city of Kinshasa (the capital) and the eight administrative provinces listed below: Bandundu, Equateur, Kasai Occidental, Kasai Oriental, Katanga, Kivu, Kongo Central, Province Orientale.; The emblem of the Republic is the sky-blue flag, with a yellow star in the upper left corner and a red stripe with a yellow border.; Its motto is: Peace, Justice, Work.; Its coat of arms consists of a leopard's head framed on the left by a palm branch and an arrow and on the right by an ivory point and a spear, all resting on a stone.; Its national anthem is: "La Congolaise".
Article 2: All power emanates from the people who exercise it through their representatives or by referendum.; No fraction of the people nor any individual can claim to exercise it.
Article 3: Any act of racial, ethnic or religious discrimination, as well as any regionalist propaganda likely to undermine the internal security of the State or the integrity of the territory of the Republic, is prohibited.; All Congolese public authorities have the duty to safeguard the unity of the Republic and the integrity of its territory.
Article 4: Political parties shall contribute to the expression of suffrage.; No more than two parties may be created in the Republic. These parties shall organize themselves and carry out their activities freely. They must respect the principles of national sovereignty, democracy and the laws of the Republic.

Title II. Fundamental rights edit

Article 5: All Congolese, men and women, shall be equal before the law and shall have the right to equal protection of the laws.; No Congolese shall, in matters of education and access to public functions, be subject to a discriminatory measure, whether it results from a law or an act of the executive branch, because of their religion, tribal affiliation, sex, ancestry, place of birth or residence.
Article 6: Everyone has the right to life and physical integrity.; No one may be subjected to torture or to inhuman or degrading treatment.; No one may be put to death except in the cases provided for by the law and in the manner prescribed by it.
Article 7: Everyone has the right to the free development of his personality, provided that he does not violate the rights of others, nor does he violate the order of the law.; No one may be held in slavery or servitude or in an analogous condition.; No one shall be required to perform forced or compulsory labor, except in cases provided for by law.; All Congolese shall be required to perform military service; this may be replaced by civic service under the conditions established by law.
Article 8: Individual freedom is guaranteed.; No one may be prosecuted, arrested or detained except by virtue of the law and in the form prescribed by the law.; No one may be prosecuted for an act or omission that does not constitute an infraction of the law at the time it was committed and at the time of prosecution.; Everyone has the right to defend himself in person or by counsel of his own choosing.; No one may be diverted against his will from the judge assigned to him by law.
Article 9: Any person accused of a crime is presumed innocent until his guilt has been established by a final judgment.; All judgments shall be reasoned. It shall be pronounced in open court.; No greater penalty may be imposed than that applicable at the time the offense was committed.
Article 10: Everyone has the right to freedom of thought, conscience and religion.; In the Republic, there is no State religion.; Everyone has the right to manifest his religion or beliefs, alone or in community with others, in public or in private, by worship, teaching, practice, observance and state of religious life, subject to public order and morality.
Article 11: All Congolese shall have the right to freedom of expression.; This right implies the freedom to express one's opinions and feelings, notably through speech, writing and images. It shall be limited by the provisions of the law and the regulations that apply thereto.
Article 12: The family, the natural basis of the human community, is placed under the protection of the State.; It shall be organized in such a way as to ensure its unity and stability.; Every person has the right to marry the person of his choice and to found a family.; The care and education of children is a right and duty of parents, which they exercise under the supervision and with the assistance of the public authorities.
Article 13: The education of youth is provided by national education.; National education shall include public schools as well as approved schools that are supervised, taken in charge by the public authorities and subject to a status established by law.; All Congolese have access to national educational institutions without distinction of origin, religion, race, or political or philosophical opinion.; National educational establishments shall ensure, in collaboration with the religious authorities concerned, that their minor pupils whose parents so request or their adult pupils who so request, receive an education in accordance with their religious convictions.; Private schools may be opened when the conditions established by law are met.
Article 14: Individual or collective property rights, whether acquired under customary or written law, are guaranteed.; These rights may be infringed only for reasons of public interest and by virtue of a law, subject to equitable compensation to be paid to the aggrieved holder of such rights.; The ownership of private enterprises of essential national interest may be transferred by law to the Republic, to a public body or legal person, subject to equitable compensation to the owners.
Article 15: No Congolese may be expelled from the territory of the Republic.; All Congolese shall have the right to settle freely in any place of the territory of the Republic and to enjoy therein all the rights granted to them by this Constitution. This right may only be limited by virtue of the law.
Article 16: Everyone has the right to the inviolability of his home.; The public authorities may not infringe upon this right except by virtue of the law and in the manner prescribed by it.
Article 17: All Congolese shall have the right and duty to work. No one may be prejudiced in his work because of his origins, opinions or beliefs.; Workers may defend their rights through trade union action.; The right to strike is recognized. It shall be exercised in accordance with the law.; The public authorities determine the conditions of assistance and protection which the State grants to its members.
Article 18: All Congolese shall have the right to form associations and societies.; Groups whose purpose or activity is contrary to the law and against public order are prohibited.

Title III. Powers edit

Article 19: The main institutions of the Republic are:; 1° The President of the Republic, Head of Government;; 2° The National Assembly;; 3° The Government;; 4° The Constitutional Court;; 5° The courts and tribunals.

Section I. The executive power edit

1. The President of the Republic edit

Article 20: The President of the Republic represents the State. He is the head of the executive.; He determines and leads the policy of the nation. He sets the government's action program, sees to its implementation and informs the National Assembly of its evolution.
Article 21: The President of the Republic is elected for 7 years by direct universal suffrage.; Any Congolese citizen by birth, over 40 years of age and who meets the conditions of eligibility for the National Assembly, may be elected President of the Republic.; The election takes place by an absolute majority of the votes cast.; In the second round, only the two candidates who received the highest number of votes in the first round remain in competition.; An organic law shall determine the conditions for declaring candidacies, conducting the ballot, counting the votes and announcing the results.; Article 22; Before taking office, the President of the Republic shall take the following oath before the President of the Constitutional Court, in the presence of the National Assembly and the members of the Constitutional Court:; "I X...... elected President of the Democratic Republic of Congo, swear to observe the Constitution and the laws of the Republic, to maintain national independence and territorial integrity".; Article 23; In the event of a vacancy in the office of President due to death, resignation or any other cause, or in the event of an impediment established by the Constitutional Court to which the Government has referred the matter, the functions of President of the Republic shall be temporarily exercised by the President of the National Assembly.; In the event of a vacancy or when the impediment is declared final by the Constitutional Court, the election of the new President of the Republic shall take place upon the convocation of the President of the National Assembly at least sixty days and not more than ninety days after the opening of the vacancy or the declaration of the finality of the impediment.
Article 24: The President of the Republic directs and controls the foreign policy of the Republic.; He shall accredit ambassadors and extraordinary envoys to foreign powers; ambassadors and extraordinary envoys shall be accredited to him.
Article 25

The President of the Republic communicates with the National Assembly either directly or by means of messages which do not give rise to debate. At least once a year he shall make a speech before the National Assembly in which he shall set forth the policy of the Government.

Article 26

The President of the Republic promulgates laws under the conditions laid down in Article 51. Except in the cases provided for in paragraph 2 of Article 52, he may, by means of a reasoned message addressed to the National Assembly, before the expiration of the time limit for promulgation, veto the law. Unless it has been amended in accordance with the proposals contained in the message of the President of the Republic, the law is only definitively adopted if it receives two-thirds of the votes of the members of the National Assembly.

Article 27

The President of the Republic shall ensure the execution of the laws and shall issue regulations concerning the police and the internal organization of the administration. He exercises this power by ordinance.

Article 28: The President of the Republic may, after having informed the National Assembly by a message and after having obtained the opinion of the Bureau of the National Assembly, submit to a referendum any text which he considers should require direct consultation of the people.; When the referendum has resulted in the adoption of the draft, the President of the Republic shall promulgate it within the time limits provided for in Article 51.; The law thus adopted may only be amended during the term of the legislature in which the referendum was held with the consent of the President of the Republic.
Article 29: The President of the Republic appoints and dismisses the members of the Government.; He determines their respective powers.; He shall determine the conditions under which the action of the Government shall be coordinated.; Before taking office, the members of the Government take an oath before the President of the Republic.
Article 30: The President of the Republic appoints and dismisses the governors of the provinces.; He appoints the judges and dismisses them on the advice of the Superior Council of the Judiciary.; He appoints and dismisses the magistrates of the Public Prosecutor's Office.; He is the supreme commander of the armed forces and the police. He appoints and dismisses the officers of the armed forces and the police.; He appoints and dismisses the senior officials of the administration.; He takes the oath of office of members of the government, provincial governors, advisors to the Constitutional Court, the Supreme Court of Justice and officers of the armed forces and police. He may remit, commute and reduce sentences.; He confers, in accordance with the law, the ranks in the national orders and the decorations of the Republic.; He has the right to coin money and issue paper money in accordance with the law.

2. The Government edit

Article 31: The ministers are the heads of their departments. They shall each implement in their departments the program set and the decisions taken by the President of the Republic.; They are responsible for their actions before the President of the Republic.
Article 32

Subject to the other provisions of this Constitution, the means of control of the Parliament over the Government are: oral or written questions, interpellation, hearing by the committees, commission of inquiry, warning or admonition.

Article 33: The Government shall be deemed to have resigned whenever the office of President of the Republic is terminated.; In all cases where the Government resigns, it shall carry out current affairs until a new Government is formed.

3. Common provisions relating to the President of the Republic and the members of the Government edit

Article 34: The President of the Republic shall be criminally responsible for acts performed in the exercise of his office only in the case of high treason or intentional violation of this Constitution.; The President of the Republic may not be prosecuted for the offences provided for in the preceding paragraph or for any other offence against the criminal laws committed outside his office unless he has been impeached by the National Assembly deciding by a two-thirds majority of its members and by public vote.; He is then brought before the Constitutional Court.; If he is convicted of high treason or of intentional violation of this Constitution, or if he is convicted of a crime which, according to the electoral law, entails the deprivation of the right to be elected as a deputy, the Constitutional Court shall pronounce his dismissal.; A law shall define the crime of high treason, determine the penalties for the crimes of high treason and intentional violation of the Constitution and the procedure to be followed before the Constitutional Court.
Article 35: Members of the Government are criminally responsible for acts performed in the exercise of their functions in the cases provided for by the criminal laws.; They may not be prosecuted for the offences referred to in the preceding paragraph, nor for any other offence against the criminal laws committed outside their functions, unless they have been indicted by the President of the Republic.; They are then brought before the Supreme Court of Justice.; If they have been convicted of a crime which, according to the electoral law, disqualifies them from being elected as a member of parliament, the President of the Republic dismisses them.; The procedure to be followed before the Supreme Court of Justice is defined by law.

Section II. Legislative power. edit

1. Composition and functioning of the Parliament edit

Article 36: The Parliament consists of a single chamber called the National Assembly.; The deputies to the National Assembly represent the Nation.; They are elected by direct and secret universal suffrage, at the rate of one deputy per 50,000 inhabitants; each fraction of the population equal to or greater than 25,000 gives the right to one more deputy.
Article 37: The duration of the legislature is five years.; The powers of the National Assembly shall expire on June 15 of the fifth year following its election.; The election of the new National Assembly shall take place at least sixty days and at most ninety days before the end of the legislature.; To be eligible to vote, a person must be Congolese, be at least 18 years old and not be in one of the cases of exclusion provided for by the electoral law.; To be eligible to vote in the National Assembly, one must be Congolese, be 25 years old and not be in one of the cases of exclusion provided for by the electoral law.; The electoral law sets the conditions for the approval of the two national parties referred to in Article 4 (paragraph 2), the regime of incompatibilities, the modalities of the electoral operations and the conditions under which the persons called upon, in case of vacancy of the seat, to replace the members of the National Assembly until the renewal of the Parliament, are designated.
Article 38: The National Assembly verifies the credentials of its members.; In the event of a dispute, the Constitutional Court shall rule in accordance with the electoral law.
Article 39

When a deputy who has run on the list of a political party ceases to belong to that party, he loses his mandate in the National Assembly and is replaced by his substitute.

Article 40

The mandate of a Member of Parliament is terminated by death, resignation, permanent incapacity, unjustified and unauthorized absence from more than a quarter of the sittings of an ordinary session or when the Member of Parliament falls into one of the cases of exclusion provided for by the electoral law.

Article 41: The National Assembly meets in ordinary session twice a year.; The first session shall open on the first Monday of April and shall close on the first Monday of July if the agenda is not exhausted earlier; the second session shall open on the first Monday of October and shall close on the first Monday of January if the agenda is not exhausted earlier.; The National Assembly shall be convened in extraordinary session by the President of the Republic or, at the request of one-third of its members, by the President of the Assembly.; In the cases referred to in the preceding paragraph, the act of convocation sets the agenda for the session.; The National Assembly shall meet as of right in extraordinary session on the day following the day on which the powers of the previous Assembly expire in order to constitute its Bureau.; The President of the Republic shall declare ordinary sessions closed on the proposal of the Bureau of the National Assembly and extraordinary sessions closed as soon as the Assembly has exhausted its agenda.
Article 42

Each year, during the ordinary session in April, the National Assembly elects its Bureau, which consists of a President, two Vice-Presidents and four Secretaries.

Article 43

Members of the Government have the right and, if requested, the obligation to attend the sittings of the National Assembly. They must be heard whenever they so request.

Article 44: For the sittings of the National Assembly, one third of the members shall constitute a quorum. However, subject to the other provisions of this Constitution, the National Assembly shall not take decisions unless an absolute majority of its members is present.; Subject to the other provisions of this Constitution, and except as provided in the rules of procedure of the National Assembly with respect to elections and nominations, all resolutions and decisions shall be taken by an absolute majority of votes.; The National Assembly shall establish its own rules of procedure.

2. The drafting of the law edit

Article 45: Legislative power is exercised by the National Assembly.; The initiative for laws belongs concurrently to the President of the Republic and to each member of the National Assembly.; The members of the Assembly and the members of the Government have the right of amendment during the entire legislative process.
Article 46: The law shall establish the rules concerning:; - Civic rights, civic and military obligations;; - Nationality, the status and capacity of persons, matrimonial regimes, inheritance and gifts;; - Determination of offences which entail sentences of more than 6 months, amnesty, creation of new orders of jurisdiction and the status of magistrates;; - The basis, rate and methods of collection of taxes of all kinds, the system of issuing money;; - the electoral system of the National Assembly and of the provincial and local councils; - the creation of categories of public institutions.; The law also establishes the fundamental principles of:; - the general organization of national defence; - the free administration of the provinces and local authorities, their competences and their resources; - Of education;; - The system of property, civil and commercial rights and obligations;; - Labour law, trade union law and social security;; - The fundamental guarantees granted to civil and military civil servants of the State;; - the alienation of the private domain and the management of the domain of the State;; - Mutuality and savings;; - The organization of production;; - the transport and telecommunications regime.

The finance laws determine the resources and expenses of the State under the conditions laid down by an organic law.

The law determines the objectives of the economic and social action of the State. The plan shall be approved by law.

The provisions of this article may be specified and supplemented by an Institutional Act.
Article 47: Without prejudice to the other provisions of this Constitution, matters other than those which fall within the domain of the law are of a regulatory nature.

Legislative texts in these matters may be amended by ordinances issued after the Constitutional Court has given its opinion.
Article 48: The National Assembly shall vote on the budget bills which must be laid on its table no later than the October session.

Any amendment to the draft budget involving an increase in expenditure must provide for the necessary ways and means, and any amendment involving a decrease in revenue which will have the effect of breaking the balance of the budget must provide for a corresponding decrease in expenditure or for new revenue.

If the National Assembly has not voted on the government's bill before the beginning of the new fiscal year, the provisions of the bill may be implemented by an ordinance-law.

If the budget bill for a fiscal year has not been tabled in time to be enacted before the beginning of that fiscal year, the President of the Republic requests the National Assembly to make the necessary provisional appropriations. If the National Assembly does not vote on the provisional appropriation within fifteen days, the provisions of the bill providing for such appropriation shall be put into effect by ordinance-law.
Article 49
The electoral law, the law on nationality and the laws to which this Constitution confers the character of organic laws are adopted by the National Assembly only by an absolute majority of its members.
They shall be amended under the same conditions.
Article 50

If a bill or proposed law is declared urgent by the President of the Republic, it shall be examined by priority by the National Assembly.

Article 51: Laws are promulgated by the President of the Republic within twenty days of their transmission to the Government by the President of the National Assembly.; They are sealed with the State seal and published in the Official Gazette of the Republic.; Unless otherwise provided, laws come into force thirty days after their publication in the Official Gazette.
Article 52: The National Assembly may, either on its own initiative or at the request of the President of the Republic, empower the latter by law to take, for a limited period of time, measures which fall within the domain of the law.; The National Assembly may at any time, by a law, modify or withdraw the power thus delegated to the President of the Republic.
Article 53: The declaration of war is authorized by the National Assembly.; When war is declared, the President of the Republic may proclaim a state of siege and, until such time as the state of war ends, exercise the same powers as under a state of emergency.
Article 54: When serious circumstances immediately threaten the independence of the Nation or cause the interruption of the regular functioning of the institutions of the Republic or when they are likely to affect the vital interests of the State, the President of the Republic, after consultation with the Bureau of the National Assembly, shall proclaim a state of emergency for a period not exceeding 6

months.

He then takes the measures required by the circumstances. He informs the Nation by a message.; When the National Assembly is not in session, the President of the Republic shall convene it in extraordinary session.
Article 55: No member of the National Assembly may be prosecuted, arrested, detained or tried on account of opinions expressed or votes cast by him in the exercise of his functions.; No member of the National Assembly may, during a session, be prosecuted or arrested in criminal matters without the authorization of the National Assembly, except in cases of flagrante delicto.; The detention of a member of the National Assembly or the prosecution of a member of the National Assembly shall be suspended at the request of the National Assembly, but such suspension shall not exceed the duration of the current session.; When the Assembly is not in session, no member of the Assembly may be arrested without the authorization of the Bureau of the Assembly, except in cases of flagrante delicto or attempt on life or limb, corruption, or in the case of authorized prosecution or the execution of a sentence.

Section III. The Judicial Power edit

1. General provisions edit

Article 56: The judicial power is independent of the legislative and executive powers.; It is vested in the courts and tribunals. It may not create extraordinary commissions or tribunals under any name whatsoever.; The judgments and orders of the courts and tribunals are executed in the name of the President of the Republic.
Article 57: The courts and tribunals shall apply the law and custom insofar as the latter is in conformity with the laws and public order of the State.; The courts and tribunals shall apply the acts of the administrative authorities only insofar as they are in conformity with the laws.
Article 58: The President of the Republic may, when a state of siege or emergency has been proclaimed, suspend the repressive action of the courts and tribunals in all or part of the territory of the Republic and for the period he determines, and substitute the action of the military courts for the offences he determines.; In the event that the action of the military courts is substituted for that of the ordinary courts and tribunals, the rights of defence and appeal may not be abolished.

2. Courts and tribunals edit

Article 59

The system of courts and tribunals shall consist of a Supreme Court of Justice, courts of appeal, military courts and tribunals. The organization, competence and procedure of the courts and tribunals are regulated by law.

Article 60: The Supreme Court of Justice has two sections:; - The judicial section;; - the administrative section.; The judicial section is competent in particular:; 1° To hear appeals in cassation, filed for violation of the law and custom, against decisions rendered at last instance by the judicial section of the courts of appeal and by the tribunals. It does not hear the merits of cases;; 2° To judge the members of the government, in the cases referred to in article 35 of this Constitution.; The administrative section is competent in particular:; 1° to hear, in the first and last instance, appeals for annulment of acts, regulations and decisions of the central authorities on the grounds of violation of the law;; 2° to hear appeals from decisions rendered by the administrative divisions of the courts of appeal on appeals for annulment of acts, regulations and decisions of provincial and local administrative authorities on grounds of violation of the law;; 3° To hear, in cases where there are no other competent courts, claims for compensation for exceptional material or moral damage resulting from a measure taken or ordered by the authorities of the Republic. It shall decide in equity, taking into account all the circumstances of public or private interest.
Article 61: The Supreme Court of Justice shall sit in all sections in the cases provided for by law.; The jurisdiction of the Court shall be exercised throughout the territory of the Republic.; The lower courts and tribunals are obliged to comply with the judgments of the Supreme Court of Justice.
Article 62: The courts of appeal shall comprise a judicial section and an administrative section.; The administrative division is competent to hear in the first instance appeals for annulment of acts, regulations and decisions of provincial and local administrative authorities on grounds of violation of the law.; The Courts of Appeal sit as a whole in the cases provided for by law.

3. Magistrates and the Superior Council of the Judiciary edit

Article 63: The status of magistrates is determined by law.; Judges are irremovable; they can only be removed by a new appointment.
Article 64: The composition, organization and functioning of the Superior Council of the Judiciary are determined by law.; The High Council of the Judiciary is the disciplinary jurisdiction for judges.; It is consulted on the appointment of judges of the courts and tribunals.

Title IV. Regional and local authorities edit

Article 65: The provinces and the other regional and local authorities of the State are organized by law.; The law determines the fundamental principles of their powers, their competence and their resources.; Kinshasa, the capital of the Republic, does not belong to any province. A special organic law determines its status.

Title V. Public Finances edit

Article 66: Taxes may only be established by virtue of the law.; Contribution to public expenses is the duty of every citizen.; No tax exemption or relief may be established except by virtue of the law.
Article 67: A Court of Auditors is established in the Republic, the composition, organization and operation of which are regulated by law.; The members of the Court are appointed by the President of the Republic.; The Court shall audit the management of public finances, under the conditions laid down by the law which organized it.

Title VI. International treaties and agreements edit

Article 68: The President of the Republic shall negotiate and ratify international treaties and agreements.; Peace treaties, trade treaties, treaties and agreements relating to international organizations and to the settlement of international conflicts, those involving public finances, those amending legislative provisions and those relating to the status of persons, those involving the exchange or addition of territory, may only be ratified by virtue of a law.; No exchange or addition of territory is valid without the agreement of the populations concerned, consulted by means of a referendum.; If the Constitutional Court, consulted by the President of the Republic or by the National Assembly, declares that a treaty or an international agreement contains a clause contrary to the Constitution, ratification may only take place after the Constitution has been revised.; International treaties or agreements that have been duly ratified or approved have, as soon as they are published, an authority superior to that of the laws, subject, for each treaty or agreement, to its application by the other party.
Article 69

With a view to promoting African unity, the Republic may conclude treaties and association agreements involving a partial surrender of its sovereignty.

Title VII. The Constitutional Court and constitutionality review edit

Article 70: The Constitutional Court is composed of nine Councillors whose term of office lasts nine years and is not immediately renewable.; One-third of its members shall be renewed every three years.; One-third of the members of the Constitutional Court shall be appointed by the President of the Republic on his own initiative, another third on the proposal of the National Assembly, and the last third on the proposal of the Supreme Council of the Judiciary.; The Court elects its president from among its members.; An organic law shall establish the rules of organization and operation of the Constitutional Court, as well as the procedure to be followed before it.
Article 71: The Constitutional Court is competent to hear:; 1° Appeals for the assessment of the constitutionality of laws and acts having the force of law;; 2° appeals for interpretation of this Constitution, in disputes concerning the extent of the powers conferred and the obligations imposed by this Constitution on the President of the Republic, the National Assembly or the courts and tribunals respectively; 3° all matters over which this Constitution or the law grants it jurisdiction.; The Constitutional Court is competent to judge the President of the Republic in the cases referred to in Article 34 of this Constitution.; The Court shall ensure the regularity of the election of the President of the Republic. It shall examine and rule on complaints and shall proclaim the results of the election.; The Court rules, in case of dispute, on the regularity of the elections of the members of the National Assembly as well as on the act of the National Assembly noting the compulsory resignation of one of its members, pursuant to article 39, or the end of the mandate of one of its members for one of the causes provided for in article 40.
Article 72: The following may lodge an appeal with the Constitutional Court for an assessment of constitutionality:; a. The laws and regulations of the National Assembly: the President of the Republic;; b. Acts of the President of the Republic which have the force of law: the Bureau of the National Assembly;; c. Laws and acts of the President of the Republic having the force of law: the Supreme Court of Justice, on its own initiative, or when an objection of unconstitutionality is raised before it.; The following may appeal to the Constitutional Court for interpretation: the President of the Republic, the Office of the National Assembly and the Supreme Court of Justice.
Article 73: The decisions of the Constitutional Court are not subject to appeal.; Any act declared not to be in conformity with this Constitution is automatically repealed.; The unconstitutionality of one or more provisions of an act does not necessarily entail the abrogation of the whole act. The Court's discretionary power is sovereign in this matter.

Title VIII. Revision of the Constitution edit

Article 74: The initiative to revise the Constitution belongs concurrently to the President of the Republic and to half the members of the National Assembly.; The draft amendment is adopted by the National Assembly by a two-thirds majority of its members.; The President of the Republic promulgates, in accordance with Article 51, the adopted text which enters into force under the conditions provided for in the same article.
Article 75

The revision of the Constitution may also be carried out under the conditions laid down in Article 28.

Title IX. Transitional Provisions edit

Article I: Insofar as they are not contrary to the provisions of the present Constitution, the laws and regulations existing on the date of entry into force of the present Constitution remain in force until they are repealed.; However, provisional laws and regulations shall cease to have effect on the date fixed for their expiration, unless they are extended.
Article II: Except in the case provided for in Article 23, the powers of the President of the Republic currently in office shall not expire until the President of the Republic is sworn in and elected for the first time in accordance with the provisions of Article 21. This first election will take place 90 days from November 24, 1970.; Before the election of the National Assembly, in the event of a vacancy in the presidency due to death, resignation or any other cause, or in the event of an impediment established by the Constitutional Court to which the Government has referred the matter, the functions of the President of the Republic shall be exercised provisionally by the Government.
Article III: The powers of the Legislative Chambers currently in place shall expire on the date this Constitution comes into force.; Within sixty days of the close of the polls, the National Assembly, which will be elected on the date established by ordinance to replace the current Legislative Chambers, will be convened in session by the President of the Republic.
Article IV: The President of the Republic currently in office shall exercise legislative power by ordinance-law until the date of the constitution of the National Assembly elected in accordance with the provisions of Article III.; Until the same date, the President of the Republic is empowered to amend the provisions of Title IX of this Constitution.
Article V: Previously enacted legislation in matters which, according to the provisions of the present Constitution, fall within the domain of the law, may, from the date of entry into force of the present Constitution, be amended by ordinance.; The regulatory texts previously enacted in matters which, according to the provisions of the present Constitution, fall within the domain of the law, may, from the date of entry into force of the present Constitution, only be modified by means of laws.
Article VI

International treaties or agreements concluded before June 30, 1960, shall remain valid only in so far as they have not been modified by national legislation.

Article VII: Pending the creation of the Constitutional Court and the Supreme Court of Justice, the Court of Appeal of Kinshasa shall exercise the powers vested in these Courts by the present Constitution.; If the Supreme Court of Justice is created before the Constitutional Court, it shall exercise, pending the creation of the latter, the powers of the Constitutional Court.; The organic law establishing the rules of organization and operation of the Constitutional Court may include all transitional provisions, even those derogating from Article 70, in order to make possible the full application of the provisions of Title VII and to facilitate the establishment of the Court.
Article VIII

Before the establishment of the Supreme Council of the Judiciary, the Supreme Court of Justice and, pending the creation of this Court, the Court of Appeal of Kinshasa shall provisionally exercise the powers vested in the Council.

Title X. Final Provisions. edit

Article IX.

The Constitution of the Democratic Republic of the Congo of August 1, 1964 is repealed.

Article X.

This Constitution shall come into force on the day of its promulgation.

Done at Kinshasa, June 24, 1967.

J.D. MOBUTU

Lieutenant General

For the President of the Republic

The Minister of the Interior,

E. TSHISEKEDI

The Minister of Justice

J. N'SINGA

Law No. 70-001 of 23 December 1970 revising the Constitution edit

The National Assembly has adopted, the President of the Republic promulgates the following law:

Article 1: Article 4 of the Constitution is replaced by the following provision:; "The Popular Movement of the Revolution is the only political party of the Republic.
Article 2: Article 19 of the Constitution is replaced by the following provisions:; "The main institutions of the Republic are:; 1° The Popular Movement of the Revolution ;; 2° The President of the Republic, President of the Party and Head of the Government;; 3° The National Assembly;; 4° the Government; 5° The Constitutional Court;; 6° the courts and tribunals."
Article 3

Sections I, II and III of the Constitution become Sections II, III and IV of the said title, respectively.

Article 4: A Section 1 is inserted in Title III of the Constitution, entitled: "Of the Popular Movement of the Revolution" and including an Article 19 bis as follows:; "Article 19 bis. The Popular Movement of the Revolution is the supreme institution of the Republic. It is represented by its president."; "All the other institutions are subordinated to it and function under its control."; "The structures and organs of the Popular Movement of the Revolution are determined by its statutes and regulations."
Article 5: Paragraph 4 of article 21 of the Constitution is deleted.; Paragraph 5 of the same article is replaced by the following provision:; "An organic law shall determine the conditions for the presentation of the candidate, the conduct of the ballot, the counting of votes and the proclamation of the results.
Article 6: Article 22 of the Constitution is replaced by the following provisions:; "Before taking office, the President of the Republic shall take the following oath before the Constitutional Court, in the presence of the National Assembly:; "I....... elected President of the Democratic Republic of Congo, swear to observe the Constitution and the laws of the Republic, to maintain national independence and territorial integrity."
Article 7: The sixth paragraph of Article 37 of the Constitution is replaced by the following provision; "The electoral law determines the conditions for the presentation of candidates, the regime of incompatibilities, the modalities of the electoral operations and the conditions under which the persons called upon, in case of vacancy of the seat, to replace the members of the National Assembly until the renewal of the Parliament are designated".
Article 8: Article 39 of the Constitution is replaced by the following provision:; "When a member of Parliament is guilty of a serious breach of party discipline, he shall lose his mandate in the National Assembly and shall be replaced by a substitute".
Article 9: This law shall come into force on the date of its promulgation.; This law shall be executed as a law of the State.

Done at Kinshasa, December 23, 1970

Se/ J.D. MOBUTU Lieutenant General

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Translation:Constitution of the Democratic Republic of the Congo (1967)

Contents

Preamble edit

Title I. Of the territory and sovereignty of the Republic edit

Title II. Fundamental rights edit

Title III. Powers edit

Section I. The executive power edit

1. The President of the Republic edit

2. The Government edit

3. Common provisions relating to the President of the Republic and the members of the Government edit

Section II. Legislative power. edit

1. Composition and functioning of the Parliament edit

2. The drafting of the law edit

Section III. The Judicial Power edit

1. General provisions edit

2. Courts and tribunals edit

3. Magistrates and the Superior Council of the Judiciary edit

Title IV. Regional and local authorities edit

Title V. Public Finances edit

Title VI. International treaties and agreements edit

Title VII. The Constitutional Court and constitutionality review edit

Title VIII. Revision of the Constitution edit

Title IX. Transitional Provisions edit

Title X. Final Provisions. edit

Law No. 70-001 of 23 December 1970 revising the Constitution edit