TITLE IV. OF THE EXECUTIVE POWER
SUB-TITLE I. OF THE PRESIDENT OF THE REPUBLIC
Article 64
The President of the Republic is the Head of the State. He is the guarantor of the national independence, of the integrity of the territory, of the national unity, of the respect for the Constitution and for the international treaties and agreements.
He determines the foreign policy and [the policy] of defense of the Nation.
The President of the Republic is the guarantor of the regular functioning of the public powers and of the continuity of the State.
Article 65
The President of the Republic is elected for a mandate of five (5) years renewable two (2) times.
The President of the Republic remains in [his] function until the end of his mandate which, excluding [a] case of force majeure recognized and declared by the Constitutional Court, must coincide with the effective taking of [his] function of his elected successor.
Article 66
No one may be a candidate for the functions of President of the Republic if:
- he is not of Congolese nationality of origin;
he does not enjoy his civil and political rights; he is not of [a] good morality; he does not attest to a professional experience of eight (8) years at least; he is not aged thirty (30) years; 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 67
The President of the Republic is elected by universal direct suffrage, by uninominal ballot, by the absolute majority of the suffrage expressed. If this is not obtained in the first round of the ballot, it proceeds, twenty-one (21) days after the proclamation of the results by the Constitutional Court, to a second round.
Only the two candidates having obtained the greater number of [the] suffrage expressed in the first round[,] may present themselves in the second round.
The candidate having received the majority of the suffrage expressed[,] is declared elected in the second round.
Article 68
The electoral body is convoked by decree [taken] in the Council of Ministers.
Article 69
The first round of the ballot takes place thirty (30) days at least, and forty (40) days at most, before the expiration of the mandate of the President in office [exercice].
Article 70
If before the first round, one of the candidates dies or finds himself definitively incapacitated, the Constitutional Court decides on the postponement [report] of the election.
In the case of death or of definitive incapacity of one of candidates still in the running [restés en lice] for the second round, the Constitutional Court declares to proceed again to the whole [ensemble] of the electoral operations.
In the cases specified [visés] in paragraphs 1 and 2 above, the Constitutional Court referred to [the matter] either by the President of the Republic, or by the President of one or the other Chamber of Parliament, or by interested [person], can suspend the time periods specified in Article 69. The ballot must take place within ninety (90) days counting from the date of the decision of the Constitutional Court. If the application of these provisions of this paragraph have the effect of postponing the presidential election beyond the date of expiration of the mandate of the President of the Republic in office [exercise], he remains in [his] function until the taking of the oath by his elected successor.
In the case of withdrawal [déssistement] of one of the two candidates qualified for the second round, the election continues with the candidate remaining in the running.
Article 71
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 [dépouillement] and of proclamation of the results of the election of the President of the Republic.
It equally specifies the provisions required for the elections to be free, transparent, just and regular.
Article 72
If no objection [contestation] has been raised in the time period of five (5) days following the proclamation of the provisional results of the election of the President of the Republic and if the Constitutional Court, referred to [the matter] of office, deems [estime] that the election is not tainted with any irregularity of a nature to cause the annulment of the ballot, it proclaims the definitive results of it within the fifteen (15) days following its referral [to the matter].
In case of dispute [contestation], the Constitutional Court decides within a time period of fifteen (15) days counting from its referral [to the matter] and proclaims the definitive results.
Article 73
In the case of annulment of the election by the Constitutional Court, new elections are organized within the time periods of forty-five (45) to ninety (90) days counting from the notification of the decision of the Constitutional Court to the President of the Republic in [his] functions. In this case, the President of the Republic in office [exercice] remains in [his] function until the taking of the oath by the new elected President of the Republic.
Article 74
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 period of forty-five (45) to ninety (90) days counting from the notification to the President of the Republic in [his] functions of the decision of the Constitutional Court stating the death or definitive incapacity of the elected President of the Republic.
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 75
The candidates to the election of President of the Republic having obtained at least ten percent (10%) of the suffrage expressed have the right to the reimbursement of the costs and expenses of the campaign.
The law establishes the authorized ceiling for the reimbursement of the costs and expenses of the campaign
Article 76
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 fifth (5th) year following the debut of him.
The taking of the oath of the elected President of the Republic intervenes twenty days (20) at the latest after the proclamation of the definitive results of the election by the Constitutional Court.
Article 77
At the moment of [lors] entering into [his] function, the President of the Republic takes the following oath:
- “Before the Nation and the Congolese People, I: (name of the elected), President of the Republic, solemnly swear:
to respect and to have respected the Constitution, and to defend the Nation and the republican form of the State; to loyally fulfill the high functions that the Nation and the people have confided in me; to guarantee peace and justice to all; to preserve the national unity, the integrity of the national territory, [and] the national sovereignty and independence.”
The oath is received by the Constitutional Court, in public and solemn audience, in the presence of the National Assembly, of the Senate and of the Supreme Court.
Article 78
In the case of vacancy of the function of Presidency of the Republic, by death or any other cause of definitive incapacity, the functions of President of the Republic, with the exception of the attributions mentioned in Articles 82, 83, 86, 87, 88 paragraph 2, 89, 91, 92, 138, 162 and 240, are provisionally exercised by the President of the Senate; in case of incapacity of the President of the Senate, they are assured by the President of the National Assembly, and in the case of incapacity of both, by the Prime Minister.
The vacancy is established and declared by the Constitutional Court, referred to [the matter] by the Prime Minister.
If within the twenty-four hours following the vacancy, the Prime Minister has not referred [the matter] to the Constitutional Court, this refers itself ex oficio, determines [constate] and declares the vacancy.
In both cases, the Constitutional Court designates the President of the Senate or the President of the National Assembly, and in case of incapacity of these, the Prime Minister, President of the Republic by interim.
The President of the Senate, the President of the National Assembly or the Prime Minister assuring the interim of the function of President of the Republic, may not be [a] candidate to the presidential election.
Article 79
When entering into [his] function, the President of the Republic by interim takes the oath specified in Article 77. The interim may not exceed ninety (90) days.
The election of the new President of the Republic takes place, excluding [a] case of force majeure duly declared [constatée] by the Constitutional Court, forty-five (45) days at least and ninety (90) days at most following the opening of the vacancy.
Article 80
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 81
During the exercise of his functions, the President of the Republic cannot[,] by themselves or by [an] intermediaries, purchase or lease assets belonging to the domain of the State and of the local collectivities.
He cannot take part in the public markets or the adjudications within the administrations or the institutions in which the State has interests.
Article 82
The President of the Republic receives [peroivent] a compensation of which the amount [montant] is determined by regulatory the way [voie]. He occupies an official residence.
Article 83
The President of the Republic appoints the Prime Minister and terminates his functions.
On proposal of the Prime Minister, he appoints the other members of the Government and terminates their functions.
The President of the Republic establishes by decree the attributions of the members of the Government.
Article 84
The President of the Republic presides over the Council of Ministers.
Article 85
The President of the Republic promulgates the laws within the fifteen (15) days following the transmission by the National Assembly to the Government.
This time period is reduced to five (5) days in the case of urgency declared by the two (2) Chambers of the Parliament.
The President of the Republic can, before the expiration of this time period, demand of one or the other Chamber 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 (2/3) 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 86
The President of the Republic alone has the initiative of the referenda.
Article 87
The President of the Republic can submit to referendum, after [the] opinion of conformity of the Constitutional Court, any bill of law when he judges it necessary.
In the case of an opinion of non-conformity, it may not proceed to the referendum.
When the referendum has concluded with the adoption of the bill, the law is promulgated within the fifteen (15) days following the proclamation of the results of it.
Article 88
The President of the Republic signs the ordinances and the decrees deliberated in the Council of Ministers.
He appoints in the Council of Ministers to the high civil and military offices [emplois].
The law determines the functions and the civil and military offices to which he is provided by decree in the Council of Ministers.
Article 89
The President of the Republic appoints the ambassadors and the extraordinary envoys to foreign powers and international organizations.
The foreign ambassadors and extraordinary envoys are accredited to him.
Article 90
The President of the Republic is the Supreme Chief of the Armies. He presides over the Committee of Defense as well as the superior organs of orientation, of follow-up [suivi] and of strategic decision in matters of defense and of security.
Article 91
The President of the Republic presides over the Superior Council of the Magistrature.
Article 92
The President of the Republic exercises the right of pardon.
Article 93
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 interrupted, the President of the Republic takes the measures required by the circumstances, after consultation of the Prime Minister and of the Presidents of the two Chambers of the Parliament.
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 94
The President of the Republic addresses, one time per year, a message on the state [état] of the Nation to the Parliament meeting in Congress.
He can, at anytime, address messages to one or the other Chamber of the Parliament.
These messages do not give rise to any debate.
Article 95
The President of the Republic is justiciable before the High Court of Justice.
The penal responsibility of the President of the Republic may be engaged in the case of grave failure [manquement] in his duties, manifestly incompatible with the exercise of his high function.
In this case, the President of the Republic is impeached [mis en accusation] by the Parliament meeting in Congress deciding by a majority of three-quarters (3/4) of its members.
An organic law establishes the conditions and the procedure of impeachment of the President of the Republic.
Article 96
Prosecution for acts qualified as crimes or misdemeanors or for grave failure in his duties committed on the occasion of the exercise of his function may no longer be exercised against the President of the Republic after the cessation of his functions.
The violation of the above provisions constitutes the crime of breach of duty [forfaiture] or high treason according to the law.
Article 97
The acts of the President of the Republic other than those specified in Articles 82, 87 and 93 are countersigned by the Prime Minster and the Ministers given the charge of their execution.
SUB-TITLE II. OF THE GOVERNMENT
Article 98
The Government includes the Prime Minister, Head of the Government and the Ministers.
Article 99
The Prime Minister, in concert [concertation] with the President of the Republic, determines the economic and social policy of the Nation.
Article 100
The Prime Minister is responsible for the conduct of the economic and social policy before the National Assembly.
Article 101
The Prime Minister assures the execution of the laws and exercises the regulatory power in the matters other than those arising from the decrees in the Council of Ministers. He appoints to the civil and military employments other than those provided for in the Council of Ministers or by [a] simple decree of the President of the Republic.
He substitutes the President of the Republic in the presidency of the Councils of Defense as well as of the superior organs of orientation, of monitoring and of strategic decision in matters of defense and security.
Article 102
The Prime Minister convokes and holds the Council of the Cabinet.
He presides over the inter-ministerial committees.
Article 103
On entering into his function, the Prime Minister presents before the National Assembly the program of action of the Government.
The presentation of the program of action of the Government does not give rise to [a]debate, or to [a] vote.
Article 104
The acts of the Prime Minister are countersigned by the Ministers responsible for their execution.
Article 105
The functions of member of the Government are incompatible with the exercise of any elective mandate, of any function of professional representation of a national character and of any private or public, civil or military employment or of any other professional activity.
The members of the Government may exercise agricultural [and] cultural activities, [activities] of local councilor, of teaching [enseignement] and of research.
Article 106
During the exercise of his functions, the Prime Minister and the other members of the Government cannot[,] by themselves or by [an] intermediaries, purchase or lease assets belonging to the domain of the State and of the local collectivities.
They may not take part in the public markets or the adjudications within the administrations or the institutions in which the State has interests.
They may not, for a fee or free of charge [à titre onéreux ou gracieux], acquire either for their account or for the account of third parties, the residences of functions [résidences de function] made available to them.
