TITLE V. OF THE EXECUTIVE POWER
Article 56
The President of the Republic is the Head of the State. He incarnates the national unity. He sees to the respect for the Constitution and to the regular functioning of the public institutions. He protects the arts and the letters.
The President of the Republic is the Head of the Executive. He is the Head of the Government. He determines and conducts the policy of the Nation. He disposes of the regulatory power and assures the execution of the laws.
The President of the Republic is the guarantor of the continuity of the State, of the national independence, of the integrity of the territory and of the respect for the international treaties and agreements.
Article 57
The President of the Republic is elected for seven years by universal direct suffrage. He is re-eligible one time.
Article 58
No one may be a candidate for the functions of President of the Republic:
- if he is not of Congolese nationality of origin;
if he does not enjoy all of his civil and political rights; if he is not of a good morality; if he does not attest to a professional experience of at least fifteen years; if he is not aged forty years, at least, and seventy years, at most, at the date of the deposit of his candidature; if he did not reside in an interrupted manner on the territory of the Republic, at the moment of the deposit of his candidature, for at least twenty-four months. The obligation of residence above indicated does not apply to the members of the diplomatic or consular representations, to the persons designated by the State to occupy a position or to accomplish a mission abroad and to the international functionaries; if he does not enjoy a state of physical and mental well-being duly declared by a college of three sworn doctors, designated by the Constitutional Court.
Article 59
The President of the Republic is elected by an absolute majority of the suffrage expressed.
If this is not obtained in the first round of the ballot, it proceeds, twenty-one days later, to a second round. Only the two candidates who have obtained the greater number of votes in the first round, may present themselves.
The candidate having obtained the greater number of the votes expressed, is declared elected in the second round.
Article 60
The candidates to the presidential election, having obtained at least fifteen percent of the votes expressed, benefit from a protection and the advantages established by the law.
Article 61
The convocation of the electors is made by decree taken in the Council of Ministers.
Article 62
The first round of the ballot of the election of the President of the Republic takes place thirty days at least, and forty days at most, before the expiration of the mandate of the President in office.
Article 63
If, before the first round, one of the candidates dies or finds himself definitively incapacitated, the Constitutional Court decides on the postponement of the election.
In the case of death or of a definitive incapacity of one of the two most favored candidates in the first round, before the proclamation of the results of the first round, the Constitutional Court declares to proceed again to the whole of the electoral operations; it is the same in the case of death or definitive incapacity of one of the two candidates remaining present in view of the second round.
In the cases specified in paragraphs 1 and 2 above, the Constitutional Court referred to the matter, by the President of the Republic, or by the President of one or the other chamber of Parliament, or by anyone interested, can suspend the time periods specified in Article 62. The ballot must take place within ninety days counting from the date of the decision of the Constitutional Court. If the application of the provisions of this paragraph have the effect of postponing the presidential election, the President of the Republic in office remains in his function until the taking of the oath by his successor.
In the case of withdrawal of one of the two candidates admitted to the second round, the election continues with the candidate remaining in competition.
Article 64
The law establishes the conditions and the procedure of eligibility, of presentation of the candidatures, of development of the ballot, of counting of the votes and of proclamation of the results of the election of the President of the Republic.
It specifies the provisions required for the elections to be free, transparent and regular.
Article 65
If no objection has been raised in the time period of five days and if the Constitutional Court deems that the election is not tainted with any irregularity of a nature to cause the annulment of the ballot, it proclaims the election of the President of the Republic within the fifteen days following its referral to the matter.
In case of dispute, the Constitutional Court decides within a time of fifteen days counting from its referral to the matter and proclaims the results.
Article 66
In the case of annulment of the election by the Constitutional Court, new elections are organized within the time periods of forty-five to eighty days. In this case, the President of the Republic in office remains in his function until the taking of the oath by the new elected President of the Republic.
Article 67
In the case of death or definitive incapacity of the elected President of the Republic before entering into his function, it proceeds to new elections within the time periods of forty-five to ninety days.
The President of the Republic in office remains in his function until the taking of the oath by the new elected President of the Republic.
Article 68
The mandate of the President of the Republic debuts on the day of his taking of the oath and ends at the expiration of the seventh year following the date of entering into his function.
The taking of the oath of the new President of the Republic intervenes twenty days at the latest after the proclamation of the results of the election by the Constitutional Court.
Article 69
At the moment of entering into his function, the President of the Republic takes the following oath:
“Before the Nation and the Congolese People, sole holder of sovereignty: I (name of the elected), President of the Republic, solemnly swear:
- to respect and to defend the Constitution and the republican form of the State;
to loyally fulfill the high functions that the Nation and the People have entrusted in me; to guarantee the respect for the fundamental rights of the human person and the public freedoms; to protect and to respect the public good; to consecrate the entirety of the natural resources to the development of the Nation; to guarantee peace and justice to all; to preserve the national unity and the integrity of the territory, the national sovereignty and independence.”
The oath is received by the Constitutional Court in the presence of the National Assembly and of the Supreme Court.
Article 70
In the case of vacancy of the Presidency of the Republic by death, resignation or any other cause of definitive incapacity, the functions of President of the Republic, with the exception of those mentioned in Articles 74, 80, 84, 86 and 185, are provisionally exercised by the President of the Senate.
The vacancy is established and declared by the Constitutional Court, referred to the matter by the President of the National Assembly.
Article 71
The maximum duration of the interim is ninety days.
The ballot for the election of the President of the Republic takes place, except in the case of force majeure declared by the Constitutional Court, forty-five days at least, and ninety days at most after the opening of the vacancy.
The President of the Senate, assuring the interim of the President of the Republic, may not be a candidate to the presidential election.
Article 72
The functions of President of the Republic are incompatible with the exercise of any other elective mandate, of any public employment, civil or military, and of any professional activity.
The mandate of President of the Republic is equally incompatible with any responsibility within a political party.
Article 73
During their functions, the President of the Republic and the Ministers cannot, by themselves or by intermediaries, purchase anything or lease anything that belongs to the domain of the State.
They cannot take part in the public markets or the adjudications for the administrations or the institutions in which the State has interests.
They receive a compensation of which the amount is determined by regulatory the way
The President of the Republic occupies an official residence.
Article 74
The President of the Republic appoints the Ministers who are only responsible to him. He terminates their functions.
He establishes, by decree, the attributions of each Minister.
He can delegate a part of his powers to a Minister.
Article 75
The functions of Minister are incompatible with the exercise of any parliamentary mandate, of any public employment, civil or military, and of any professional activity with the exception of agricultural, and cultural activities, of local councilor, of teaching and of research.
They are equally incompatible with the status of member of a council of administration or of a committee of direction of a public enterprise.
Article 76
Each Minister is justiciable before the High Court of Justice for the crimes and misdemeanors committed by him in the exercise of his functions.
Article 77
The President of the Republic appoints to the high civil and military functions in the Council of Ministers.
He appoints to the high civil and military offices
The law determines the functions and the offices which he is provided in the Council of Ministers.
He appoints the ambassadors and the extraordinary envoys to foreign powers and international organizations.
The foreign ambassadors and extraordinary envoys are accredited to him.
Article 78
The President of the Republic is the Supreme Chief of the Armies. He presides over the councils and the committees of defense.
Article 79
The President of the Republic is President of the Superior Council of the Magistrature.
Article 80
The President of the Republic exercises the right of pardon.
Article 81
The President of the Republic presides over the Council of Ministers.
The Council of Ministers deliberates on:
- the bills of law;
the bills of ordinances; the bills of decrees.
Article 82
The acts of the President of the Republic, other than those specified in Articles 74, 84 and 86, are countersigned by the Ministers given the charge of their execution.
Article 83
The President of the Republic has the initiative of the laws, concurrently with the members of the Parliament.
He assures the promulgation of the laws within the twenty days that follow the transmission that is made to him by the Bureau of the National Assembly.
This time period is reduced to five days in the case of urgency declared by the Parliament.
He can, before the expiration of this time period, demand of the Parliament a second deliberation of the law or of certain of its Articles. This second deliberation cannot be refused.
If the Parliament is at the end of its session, this second deliberation takes place, of office, during the following session.
The vote, for this second deliberation, is acquired with the majority of two-thirds of the members composing the National Assembly and the Senate meeting in Congress. If, after this last vote, the President of the Republic refuses to promulgate the law, the Constitutional Court, referred to the matter by the President of the Republic or by the President of one or the other chamber of the Parliament, proceeds to a control of the conformity of the law. If the Constitutional Court declares the law conforming to the Constitution, the President of the Republic promulgates it.
Article 84
When the institutions of the Republic, the independence of the Nation, the integrity of the national territory or the execution of the international engagements are menaced in a grave and imminent manner, and that the regular functioning of the public powers is menaced or interrupted, the President of the Republic, after consultation with the Presidents of the two chambers of the Parliament and of the President of the Constitutional Court, takes the exceptional measures required by the circumstances.
He informs the Nation by a message.
The Parliament meets of plain right in extraordinary session.
The Parliament establishes the time period at the term of which the President of the Republic can no longer take the exceptional measures.
Article 85
The President of the Republic addresses, one time per year, a message on the state of the Nation to the Parliament meeting in Congress.
He may, at anytime, address messages to the National Assembly or to the Senate. These messages do not give rise to any debate.
Article 86
The President of the Republic can, after consultation with the Presidents of the two chambers of the Parliament, submit to referendum any bill of law concerning the organization of the public powers, the guaranties of the rights and of the fundamental freedoms, the economic and social action of the State or tending to authorize the ratification of a treaty.
Before submitting the bill to referendum, the President of the Republic obtains the opinion of the Constitutional Court on its conformity with the Constitution.
In case of non-conformity with the Constitution, it cannot proceed to the referendum.
The Constitutional Court sees to the regularity of the operations of the referendum.
When the referendum has concluded with the adoption of the bill, the law is promulgated within the conditions specified in Article 83, paragraph 2.
Article 87
The personal responsibility of the President of the Republic is only engaged in the case of high treason.
The President of the Republic may only be impeached by the Parliament meeting in Congress deciding by vote by secret ballot by a majority of two- thirds of its members.
Article 88
The former Presidents of the Republic, with the exception of those convicted for forfeiture, high treason, economic crimes, crimes of pillage, war crimes, of genocide or for any other crime against humanity, benefit from the advantages and from a protection within the conditions determined by the law.
