By Odon Bulamba
Kinshasa, DRC — November 2024
When Félix Tshisekedi declared during the opening of the General Assembly on Justice that “our justice system is sick,” he wasn’t just stating the obvious. He was issuing a challenge. After decades of dysfunction, politicization, and endemic corruption, this assembly promised a “shock therapy” to heal a judiciary widely regarded as one of the most ineffective in Africa. Yet, this bold promise raises a critical question: Can the Congolese justice system truly be reformed, or is it inherently tied to a structure that benefits the powerful at the expense of its citizens?
Colonial Legacy and Continuity of Injustice
The current state of the Congolese judiciary is deeply rooted in a history of domination and control. Inherited from the Belgian colonial administration, the legal system was never designed to serve its citizens. During the colonial era, laws were instruments of repression and served to protect the interests of the colonizers. After independence, this structure was not transformed but repurposed to serve the interests of the new ruling elites.
This continuity explains why the judiciary remains punitive and elitist. Makala Prison, a symbol of the judiciary’s dysfunction, is a stark example. Built to accommodate 1,500 inmates, it now houses over 9,000 under deplorable and inhumane conditions. Thousands of prisoners languish there for years awaiting trial, often for minor offenses or with insufficient evidence. One former detainee remarked, “Here, justice stops at the gates. Inside, it’s complete oblivion.” Such testimonies lay bare the harsh reality: in the DRC, justice often serves as a life sentence for the most vulnerable.
Politicization: A Necessary Evil or a Fatal Flaw?
The politicization of justice in the DRC is a glaring issue. From magistrates to clerks, political pressure influences every level of the system. Courts are transformed into battlegrounds to neutralize opponents or shield allies. Archbishop Donatien Nshole, Secretary-General of the Congolese Episcopal Conference, condemned this state of affairs, calling the judiciary “a weapon for settling political scores.”
However, this politicization, toxic as it may be, has also provided a semblance of stability. In a country marked by internal conflicts, some analysts argue that judicial politicization acts as a safety net. In the absence of a fully functional system, elites use the judiciary as a tool to maintain order. Yet, this status quo fosters impunity and moves the DRC further away from genuine rule of law.
The critical question, then, is this: Can a system where justice is both a tool of power and a stabilizing force be reformed? Tshisekedi must address this dilemma by ensuring a gradual transition toward a truly independent judiciary.
Balancing Modernity and Tradition: A Justice System in Tension
Another significant challenge lies in the gap between formal justice and traditional practices. In rural areas, most Congolese rely on customary mechanisms to resolve disputes. These practices, deeply rooted in local realities, are perceived as faster, cheaper, and more accessible than formal courts. However, they are also criticized for their potential biases, particularly against women and minorities.
Integrating customary mechanisms into the formal judicial system is often suggested as a solution to ease court congestion and bring justice closer to the people. But this raises a complex question: Can justice be modernized while respecting local traditions? Countries like Rwanda and Ghana, which have incorporated customary practices, offer intriguing examples. Yet, the DRC must develop its own approach to avoid perpetuating inequalities.
Past Failures: A Lesson for the Future
The General Assembly on Justice in 2024 is not the first attempt at reform in the DRC. The 2015 assembly, organized under Joseph Kabila, produced 350 ambitious recommendations, ranging from judicial independence to infrastructure improvements. Yet, almost none were implemented. The lack of follow-up mechanisms, political will, and competing interests buried those proposals.
Tshisekedi must learn from these failures by ensuring a clear framework for implementing the current reforms. This includes regular audits, complete transparency, and the involvement of civil society. Without tangible action, these promises risk deepening the already significant disconnect between the people and their government.
The Role of the International Community: Partner or Obstacle?
Judicial reform in the DRC is not merely a domestic matter. With its vast natural resources and strategic position in Central Africa, the country is under the close watch of international partners. The United States, the European Union, and China all have a vested interest in stabilizing the nation. A functional judiciary could boost investor confidence and stabilize conflict-ridden regions.
However, international attention can also act as a double-edged sword. External agendas don’t always align with local priorities. While Congolese citizens hope for equitable and accessible justice, some partners focus more on curbing corruption in resource exploitation. The DRC must tread carefully to balance these expectations without sacrificing its own aspirations.
The People’s Expectations: Concrete Results, Not Empty Words
The Congolese people have heard similar promises before. What they demand now are concrete and measurable outcomes. At the core of these expectations is accessible justice: reduced court fees, expedited procedures, and impartial judges.
Prison reform is also critical. The overcrowding of facilities like Makala, the introduction of alternatives to pre-trial detention, and improved living conditions for inmates are urgent needs.
Beyond technical aspects, the Congolese people want to regain trust in their institutions. They yearn for a justice system that protects their rights rather than oppresses them.
A Historic Opportunity for Tshisekedi and the DRC
The General Assembly on Justice offers Félix Tshisekedi a rare chance to transform a failing system into a true pillar of the rule of law. However, achieving this transformation will require overcoming deeply rooted structural, historical, and political obstacles.
If the reforms succeed, they could usher in a new era for the DRC, where justice is no longer a privilege for the few but a right accessible to all. If they fail, they risk reinforcing cynicism and further eroding public trust.
For the Congolese people, weary of broken promises, this moment represents a fragile beacon of hope. Tshisekedi has a historic opportunity to restore the dignity of his people and build a justice system that finally embodies the ideals of fairness and freedom. The success of this endeavor will define not only his political legacy but also the future of Congolese democracy.
© O Bulamba / ADR
