Date of publication:

07/07/2025

Democratic Republic of the Congo (the)

Please describe the system of government in the state.  

ANALYSIS

The Democratic Republic of Congo has a unitary and decentralized system. 

 The executive power is embodied by the President and the Government. The President is elected by direct universal suffrage for a five-year term, renewable once only (article 70 of the Constitution). He is responsible for ensuring compliance with the Constitution, and is the guarantor of national independence, territorial integrity, national sovereignty and compliance with international treaties and agreements (article 69 of the Constitution). He is also supreme commander of the armed forces (article 83 of the Constitution). The President must collaborate with the Prime Minister in the fields of defense, security and foreign affairs (article 91 of the Constitution). The Prime Minister is appointed by the President of the Republic from within the parliamentary majority. The Prime Minister's term of office can be terminated by submitting his resignation to the President of the Republic (article 78 of the Constitution). The ministers making up the government are also appointed by the President of the Republic, who may terminate their functions on the proposal of the Prime Minister. The Prime Minister is the head of government. Together with the President of the Republic, the government defines the nation's policy, and ensures that this policy is implemented (Article 90 of the Constitution).

The legislative branch is made up of the National Assembly and the Senate, which together form Parliament. Parliament passes laws, supervises the Government, public companies and public establishments and services (Article 100 of the Constitution). The right to initiate legislation is shared between the Government, the deputies of the National Assembly and the Senators (Article 130 of the Constitution). Bills are first adopted by the Government in the Council of Ministers, before being placed on the table of one of the Chambers (Article 130 of the Constitution). They must then be examined by the second chamber. In the event of disagreement between the two chambers on a bill, a joint committee is set up by the two chambers to propose a text on the provisions giving rise to the disagreement. This text must then be voted on by both chambers (Article 135 of the Constitution). Members of the National Assembly are elected by direct universal suffrage for a 5-year term. They are eligible for re-election (Articles 101 and 103 of the Constitution). Senators are elected by the provincial assemblies for a 5-year term. They may be re-elected (Articles 104 and 105 of the Constitution).

The judiciary power is held by the Courts. The judiciary is independent of the executive and legislative branches. These Courts are the Constitutional Court, the Court of Cassation, the Council of State, the Military High Court and the civil and military courts and tribunals. The organization of the judiciary is detailed in point 6.

However, the Democratic Republic of Congo is also a decentralized state and each of the 26 provinces, including Kinshasa, has its own Provincial Assembly and Provincial Government (Article 195 of the Constitution). The division of competencies between the central power and the provinces is written in articles 202, 203 and 204 of the Constitution. There are competencies exclusive to the central power (eg: foreign affairs, including diplomatic relations and international international treaties and agreements), competencies exclusive to the provinces (eg: provincial and local civil service) and competencies shared between the central power and the provinces (eg: enforcement of foreigners' police measures).