Translation:Constitution of the Republic of Zaire (1974)

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Constitution of the Democratic Republic of the Congo (1967)

Constitution of Zaire (1974)
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Constitution of the Republic of Zaire (1990)

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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 1970 revision established a single party.
A new revision was made by the law of 15 August 1974, in order to "consecrate Mobutism as the doctrine of the Popular Movement of the Revolution". In fact, it was a new constitution, which established Mobutu's dictatorship, under the pretext of African authenticity: Leopoldville became Kinshasa, the Congo became Zaire, and Joseph Désiré Mobutu was now Mobutu Sese Seko Kuku.
The new text granted full powers to the president of the Popular Movement of the Revolution, who was in his own right president of the Republic and presided over the Legislative Council, the Executive Council and the Judicial Council.
A major legal innovation was that "state decisions" and laws were binding even before they were published in the official gazette (article 45)! A textbook case: article 46 institutes the Political Bureau as the guarantor of Mobutism, and as such it can accuse even the president of deviating from the doctrine. But a special provision specifies that this rule cannot be applied to Mobutu himself!
The regime of full powers for President Mobutu applied until the protest movement of the 1990s. The last constitutional revision law of November 25, 1990 introduced a full multiparty system and opened the way for the democratic transition demanded by the opposition.

3760714Constitution of Zaire1974Wikisource

[[fr:[1]]]

Law n°74/020 of 15 August 1974 revising the Constitution of 24 June 1967. The Legislative Council has adopted, The President of the Republic promulgates the following law;

Article 1.

The Constitution of June 24, 1967 is amended in accordance with the text annexed to this law.

Article 2.

The present law comes into force on the date of its promulgation.

MOBUTU SESE SEKO KUKU NGBENDU WA ZA BANGA General of the Army.

Constitution

Preamble

We, the Zairian people, gathered within the Popular Movement of the Revolution;

Guided by Mobutism;

Convinced of our fundamental options as defined in the Manifesto of the N'Sele;

Conscious that only the policy of recourse to authenticity allows us to affirm our personality, to achieve our objectives and to contribute effectively to the civilization of the universal;

Driven by the will to guarantee unity and territorial integrity, to ensure the material well-being of everyone and to create the conditions for the moral and spiritual development of all Zairians;

Convinced that only the mobilization of the masses, under the aegis of the Popular Movement of the Revolution, allows the Zairian people to guarantee their political, economic, social and cultural independence;

Convinced that there is no greatness in servitude and dependence;

Convinced that the peoples of Africa can only free themselves completely from foreign domination through African unity;

Proclaiming our adherence to the Universal Declaration of Human Rights;

Aware of our responsibilities before God, the ancestors, Africa and the world;

Solemnly declare that we adopt this Constitution.

Title I. Of the territory and sovereignty of the Republic

Article 1

The Republic of Zaire is a unitary, democratic, social and secular state.

Article 2.

The Republic of Zaire comprises the city of Kinshasa and the eight regions listed below: Bandundu, Bas-Zaire, Equateur, Haut-Zaire, Kasaï-Occidental, Kasaï-Oriental, Kivu, Shaba.

Article 3

Kinshasa is the capital of the Republic of Zaire.

Article 4

The emblem of the Republic is the light green flag, decorated in the center with a yellow circle in which appears a right hand holding a torch with a red flame.

Article 5

Its motto is: Peace, Justice, Work.

Article 6

Its coat of arms is composed 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, the whole resting on a stone.

Article 7

Its national anthem is: la Zaïroise.

Article 8

The Zairian people are organized within the Popular Movement of the Revolution.

Article 9

The power emanates from the people who exercise it through the President of the Popular Movement of the Revolution, who is by right President of the Republic, with the help of the organs of the Popular Movement of the Revolution. No fraction of the people nor any individual can claim to exercise it.

Article 10

Any act of racial, ethnic and 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 are prohibited.

Article 11

The soil and subsoil of Zaire and their natural products belong to the State. The conditions of concession are fixed by law.

Title II. Fundamental rights and duties of the citizen

Article 12

All Zairians, men and women, are equal before the law and are entitled to equal protection of the laws. The law shall determine the rules on nationality. No Zairian may, in matters of education and access to public functions, be subjected to any discriminatory measure, whether it results from a law or an act of the executive, on the grounds of religion, ethnicity, sex, place of birth or residence.

Article 13

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 14

Everyone has the right to the free development of his personality, subject to the rights of others and to public order. No one may be held in slavery or servitude or in a similar condition. No one shall be required to perform forced or compulsory labor, except as provided by law. All Zairians are required to perform military service; this may be replaced by civic service under the conditions established by law.

Article 15

Individual freedom is guaranteed. No one may be prosecuted, arrested or detained except by virtue of the law and in the manner prescribed by it. 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 16

Any person accused of a crime is presumed innocent until his guilt has been established by a final judgment. No greater penalty may be imposed than that applicable at the time the offense was committed.

Article 17

All judgments shall be reasoned. It shall be pronounced in a public hearing. The hearings of the courts and tribunals are public, unless such publicity is dangerous to public order or morality; in that case, the court orders that the hearing be closed.

Article 18

In the Republic, there is no State religion. Every person has the right to freedom of thought, conscience and religion. All persons have the right to manifest their religion or convictions, alone or in community, both in public and in private, through worship, teaching, practices, the performance of rites and the state of religious life, subject to public order and good morals. The law determines the conditions for the constitution of religious sects.

Article 19

Every Zairian has the right to freedom of expression. This right implies the freedom to express one's thoughts and feelings, particularly through speech, writing and images. It is limited by the provisions of the law and the regulations that apply it.

Article 20

The family, the natural basis of the human community, is placed under the protection of the Popular Movement of the Revolution. It shall be organized in such a way as to ensure its unity and stability. Every Zairian has the right to marry and found a family. The law sets the rules for marriage. The care and education to be given to children constitute, for the parents, a right and a duty which they exercise under the authority and with the help of the Popular Movement of the Revolution.

Article 21

The education of the youth is provided by the national education. National education includes the public schools placed under the control of the Popular Movement of the Revolution and subject to a status fixed by law. All Zairians have access to educational institutions without distinction of origin, religion, race or philosophical opinion.

Article 22

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 owner whose rights have been infringed. The ownership of private enterprises of essential national interest may be transferred by law to the Republic or to a public legal entity, subject to fair compensation to the owners.

Article 23

No Zairian may be expelled from the territory of the Republic. All Zairians have the right to settle freely in any part of the territory of the Republic and to enjoy there all the rights granted to them by this Constitution. This right can only be limited by law.

Article 24

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 25.

All Zairians have the duty to contribute, through their work, to the construction and prosperity of their country. No one may be prejudiced in his work because of his origins or beliefs. The right to strike is recognized for workers who exercise it through union action in accordance with the law.

Article 26.

All Zairians have the right to form associations and societies. Groups whose purpose or activity is contrary to the law and against public order are prohibited.

Article 27.

All Zairians are responsible for the proper conduct of the activities of the Popular Movement of the Revolution. In this respect, it is his duty, through constant vigilance, to

1. To support the revolution and to defend its achievements;

2. To safeguard the national unity and the integrity of the territory.

Title III. Of the Popular Movement of the Revolution, the President of the Popular Movement of the Revolution and the organs of the Popular Movement of the Revolution

Section I. Of the Popular Movement of the Revolution.

Article 28

In the Republic of Zaire, there is only one institution, the Popular Movement of the Revolution, which is embodied by its President.

Article 29

The Popular Movement of the Revolution is the politically organized Zairian nation.

Section II. The President of the Popular Movement of the Revolution

Article 30

The President of the Popular Movement of the Revolution is by right President of the Republic and holds the full exercise of power. He presides over the Political Bureau, the Congress, the Legislative Council, the Executive Council and the Judicial Council.

Article 31: The President of the Popular Movement of the Revolution is elected for five years by direct universal suffrage.; He may be re-elected only once. Any Zairian citizen by birth, aged 40 years or more and who meets the conditions of eligibility to the Legislative Council may be elected President of the Popular Movement of the Revolution, President of the Republic.; The election takes place by an absolute majority of the votes cast.; A law shall determine the conditions for the declaration of candidacies, the conduct of the ballot, the counting of votes and the proclamation of the results.
Article 32: Before taking office, the President of the Popular Movement of the Revolution shall take the following oath, before the Nation represented by the Congress, in the presence of the Supreme Court of Justice, which shall take note of it:; "I, X..., elected President of the Popular Movement of the Revolution and by right President of the Republic of Zaire, swear to observe the Constitution and the laws of the Republic, to maintain the national independence and the integrity of the territory.
Article 33: In case of vacancy due to death, resignation or for any other reason, or in case of impediment noted by the political bureau, the functions of the President of the Popular Movement of the Revolution are temporarily exercised by the oldest political commissar.; In case of resignation, it is received by the Political Bureau which informs the Nation.; In case of vacancy or when the impediment is declared definitive by the Political Bureau, the election of the new President of the Popular Movement of the Revolution takes place upon the convocation of the Political Bureau 30 days at least and 60 days at most after the opening of the vacancy or after the declaration of the definitive character of the impediment.; The candidacy for the position of President of the Popular Movement of the Revolution is received, examined, approved and presented by the Political Bureau.
Article 34

The President determines the structures of the Popular Movement of the Revolution which are not contained in the present Constitution.

Article 35: The President of the Popular Movement of the Revolution directs and controls the foreign policy of the Republic.; He accredits the ambassadors and the extraordinary envoys to foreign powers; the ambassadors and the extraordinary envoys of foreign powers are accredited to him.
Article 36

The President of the Popular Movement of the Revolution communicates with the people either directly or through messages and delivers a general policy speech at least once a year.

Article 37

The president of the Popular Movement of the Revolution exercises the power to legislate with the help of the Legislative Council. He promulgates the laws under the conditions fixed by article 62.

Article 38

The President of the Popular Movement of the Revolution ensures the execution of the laws and makes the regulations of police and internal organization of the administration. He exercises this power by means of ordinance.

Article 39: The President of the Popular Movement of the Revolution appoints and dismisses the political commissioners.; However, except for cases of flagrant offence or forfeiture, notably noted by the courts and tribunals following a common law offence, he cannot, during his mandate, proceed to the change of more than one third of the members of the Political Bureau, whose number is fixed at thirty.; The President of the Popular Movement of the Revolution appoints and dismisses the members of the Executive Council and determines their respective attributions.; He determines and conducts the policy of the Nation. He sets the program of action of the Executive Council and sees to its implementation.
Article 40: The President of the Popular Movement of the Revolution appoints and dismisses the regional commissioners.; He appoints and dismisses the judges and prosecutors.; He is the Supreme Chief of the armed forces. He appoints and dismisses the officers of the armed forces.; He appoints and dismisses the commanding officers of the administration.; He takes the oath of office of the members of the Political Bureau and the Executive Council, of the magistrates of the Supreme Court of Justice, of the regional commissioners and of the officers of the armed forces.; He may remit, commute and reduce sentences.; He confers ranks in the national orders and decorations of the Republic.; He has the right to coin money and issue paper money.
Article 41: The declaration of war is proclaimed by the President of the Popular Movement of the Revolution who informs the Nation by a message, after the Political Bureau has been previously informed.; When war is declared, the President of the Popular Movement of the Revolution can proclaim a state of siege.
Article 42: When serious circumstances threaten in an immediate manner the independence of the Nation or cause the interruption of the regular functioning of the organs of the Republic or when they are likely to affect the vital interests of the State, the President of the Popular Movement of the Revolution informs the Political Bureau and proclaims a state of emergency.; He then takes the measures required by the circumstances.; He informs the Nation by a message.

Section III. The organs of the Popular Movement of the Revolution

Article 43

The organs of the Popular Movement of the Revolution are;

1. The Political Bureau;

2. The Congress;

3. The Legislative Council;

4. The Executive Council;

5. The Judicial Council.

Chapter I. The Political Bureau.

Article 44: The Political Bureau is the organ of conception, inspiration, orientation and decision of the Political Movement of the Revolution.; Its members are called political commissars.; The Political Bureau is chaired by the President of the Popular Movement of the Revolution.; It rules by way of state decision. The State decisions oblige, according to the case, the Legislative Council or the Executive Council to prepare the legislative texts or to elaborate the conforming regulations.; Pending their publication in the Official Gazette, State decisions shall be binding upon their dissemination by the official information agency.
Article 45

The organization and operation of the Political Bureau shall be determined by its internal regulations.

Article 46: The Political Bureau is the depository and guarantor of Mobutism.; As such, it is competent to deal with any act that could undermine the doctrine of the Popular Movement of the Revolution, even in the head of the President of the Popular Movement of the Revolution.; The act taken by the President of the Popular Movement of the Revolution within the framework of the provisions of the preceding paragraph is qualified as deviationism.; In this last case, the Political Bureau, seized by a motion given to the Permanent Secretary of the Political Bureau by one of its members, meets by right under the presidency of the oldest Political Commissioner.; A law shall determine the case of deviation.; The Permanent Secretary of the Political Bureau seized by the motion, informs the President of the Popular Movement of the Revolution, who provides his means of defense.; When the deviation is established by the Political Bureau, it pronounces the dismissal of the President of the Popular Movement of the Revolution.; The vacancy thus created entails the application of the provisions of article 33.
Article 47: The political commissars can only be prosecuted with the authorization of the President of the Popular Movement of the Revolution or if they are indicted by the latter.; However, they may not be worried or prosecuted because of the opinions expressed in accordance with article 46.

Chapter II. The Congress

Article 48: The Congress is composed of members representing all the living forces of the Nation; these members are designated by the Political Bureau.; It is presided over by the President of the Popular Movement of the Revolution.
Article 49: The President of the Popular Movement of the Revolution convenes the Congress in an ordinary meeting every five years.; He can also convene it in an extraordinary meeting.; The Congress adopts resolutions on the problems on its agenda.
Article 50

The organization, the functioning and the progress of the work of the Congress are determined by its internal regulations.

Chapter III. The Legislative Council

Article 51: The Legislative Council is the body responsible for drafting laws under the conditions established in Article 37, paragraph 1.; It shall consist of a single Chamber. Its members are called People's Commissioners; their mandate is national.; The organization and functioning of the Legislative Council shall be determined by its internal regulations.
Article 52: The People's Commissioners shall be elected by direct universal suffrage, with one People's Commissioner for every 100,000 inhabitants; each fraction of the population equal to or greater than 50,000 inhabitants shall give the right to one additional People's Commissioner.; However, as an exception to the preceding paragraph, any electoral district that does not have a total population of 100,000 shall automatically be entitled to one seat.
Article 53: The duration of the legislature is five years.; The powers of the Legislative Council expire on March 31 of the sixth year after its election.; The election of the new Legislative Council shall take place not less than thirty nor more than sixty days before the end of the term.; To be eligible to vote, a person must be a citizen of Zaire, at least 18 years of age, and not be in any of the situations of exclusion provided for in the electoral law.; To be eligible for election to the Legislative Council, a person must be a citizen of Zaire, at least 25 years of age, and not be in one of the situations of exclusion provided for by the electoral law.; The electoral law sets the conditions for the presentation of candidates, the regime of incompatibilities, the modalities of electoral operations and the conditions under which the persons called upon, in case of vacancy, to replace the members of the Legislative Council until the renewal of the Council are designated.
Article 54: The Legislative Council shall verify the credentials of its members.; In case of dispute, the Political Bureau shall decide in accordance with the electoral law.
Article 55

When a people's commissioner is guilty of a serious breach of the discipline of the Popular Movement of the Revolution, he shall lose his mandate in the Legislative Council and shall be replaced by a substitute.

Article 56

The term of office of a people's commissioner ends upon death, resignation, permanent incapacity, unjustified or unauthorized absence from more than a quarter of the sittings of a session, or when the people's commissioner falls into one of the cases of exclusion provided for in the electoral law.

Article 57: The Legislative Council meets when convened by the President of the Popular Movement of the Revolution.; The President of the Popular Movement of the Revolution declares the closing of the sessions on the proposal of the Permanent Bureau of the Legislative Council.
Article 58: On the proposal of the Political Bureau, the Legislative Council elects its permanent Bureau which includes a President, two vice-presidents and two secretaries.; Without prejudice to the provisions of article 30, paragraph 2, the President of the Permanent Bureau of the Legislative Council exercises his functions by delegation of the President of the Popular Movement of the Revolution.
Article 59: The initiative of laws belongs concurrently to the President of the Popular Movement of the Revolution and to each member of the Legislative Council.; If a bill or a law proposal is declared urgent by the President of the Popular Movement of the Revolution, it is examined by priority by the Legislative Council.
Article 60: For the meetings of the Legislative Council, half of the members constitute a quorum.; However, subject to the other provisions of this constitution, the Legislative Council shall not take decisions unless a two-thirds 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 Legislative Council with respect to elections and nominations, all resolutions and decisions shall be taken by an absolute majority of votes.
Article 61: The members of the Executive Council have the right and, if requested, the obligation to attend the meetings of the Legislative Council.; They must be heard whenever they request it.; They shall have the right of amendment during the entire legislative process.
Article 62: The laws are promulgated by the President of the Popular Movement of the Revolution.; They are sealed with the seal of the State and published in the Official Gazette of the Republic.; Unless otherwise provided for, the laws come into force as soon as they are published by the official information agency.
Article 63: No member of the Legislative Council may be prosecuted, arrested, detained or tried because of opinions or votes cast by him in the performance of his duties.; Members of the Legislative Council may only be prosecuted with the permission of the President of the Popular Movement of the Revolution or if they are indicted by him.

Chapter IV. The Executive Council

Article 64: The Executive Council is the executive organ of the Popular Movement of the Revolution.; It is presided over by the President of the Popular Movement of the Revolution.; Its members are called State Commissioners.
Article 65: The state commissioners are the heads of their departments. They apply in their departments the program fixed and the decisions taken by the President of the Popular Movement of the Revolution.; They answer for their acts before the president of the Popular Movement of the Revolution.; They are considered as resigning each time the functions of the president of the Popular Movement of the Revolution come to an end.; In this case, the Executive Council carries out the current affairs until the formation of a new Executive Council.; The state commissioners can only be prosecuted after authorization by the President of the Popular Movement of the Revolution or if they are indicted by him.

Chapter V. The Judicial Council

1. General provisions

Article 66: The Judicial Council is composed of all the courts and tribunals.; The Judicial Council shall comprise the Supreme Court of Justice, the General War Council, the Courts of Appeal, the Court of State Security, the Civil Courts and the Councils of War.; The organization, jurisdiction and procedure of the courts and tribunals shall be regulated by law.
Article 67: The task of pronouncing the law is vested in the Judicial Council. The magistrate, in the exercise of this mission, is independent.; No commissions or extraordinary courts may be created under any name.; The rulings and judgments as well as the orders of the courts and tribunals are executed in the name of the President of the Popular Movement of the Revolution.
Article 68: The courts and tribunals shall apply the law and custom insofar as the latter is in conformity with the laws and public order.; The courts and tribunals apply the acts of the administrative authorities only insofar as they are in conformity with the laws.
Article 69: The President of the Popular Movement of the Revolution can, when a state of siege or emergency has been proclaimed, suspend on all or part of the territory of the Republic and for the duration he determines, the repressive action of the civil courts and substitute it with that 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 civil courts, the rights of defence and appeal may not be abolished.

2. The Supreme Court of Justice

Article 70: The organization, competence and procedure of the Supreme Court of Justice shall be regulated by law.; The review of the constitutionality of laws shall be the responsibility of the Supreme Court of Justice.; The jurisdiction of the Supreme Court of Justice extends over the entire territory of the Republic.; The lower courts and tribunals are obliged to comply with the decisions of the Supreme Court of Justice.

3. Magistrates and the Superior Council of the Magistracy

Article 71

The status of magistrates is established by law.

Article 72

The Superior Council of Magistracy is the disciplinary jurisdiction for judges. The composition, organization and functioning of the Superior Council of Magistracy shall be determined by law.

Title IV. Regional entities

Article 73: The regional entities are organized by law.; The law shall determine the fundamental principles of their powers, competencies and resources.; The capital of the Republic does not belong to any region. A law shall determine its status.

Title V. Public Finances

Article 74: Taxes can only be established by virtue of the law. The contribution to public expenses constitutes a duty for each citizen.; No tax exemption or relief may be granted except by virtue of the law.
Article 75: A Court of Auditors is established in the Republic, the composition, organization and operation of which are regulated by law.; The advisors to the Court are appointed by the President of the Popular Movement of the Revolution.; The Court controls, under the conditions fixed by the law which organized it, the management of public finances.

Title VI. International treaties and agreements

Article 76: The president of the Popular Movement of the Revolution negotiates and ratifies international treaties and agreements.; He may empower other organs of the Popular Movement of the Revolution to negotiate on his behalf and to conclude an international agreement not subject to ratification. It is kept informed of the contents of any international agreement not subject to ratification.; No exchange or addition of territory shall be valid without the consent of the people concerned, who shall be consulted by means of a referendum.; If the Supreme Court of Justice, consulted by the President of the Popular Movement of the Revolution, declares that a treaty or an international agreement contains a clause contrary to the Constitution, the ratification can only take place after the revision of the Constitution.; The international treaties or agreements regularly 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 77

In order to promote African unity, the Republic may conclude treaties and association agreements involving the partial surrender of its sovereignty.

Title VII. Revision of the Constitution

Article 78: The initiative of the revision of the Constitution belongs concurrently to the President of the Popular Movement of the Revolution, after the assent of the Political Bureau and half of the members of the Legislative Council.; The draft revision is adopted by the Legislative Council by a two-thirds majority of its members.; The President of the Popular Movement of the Revolution promulgates, in accordance with article 62, the adopted text which enters into force under the conditions provided for in the same article.

Title VIII. Special Provisions

Unique article: The provisions of articles 31, 39 paragraph 2 and 46 of the present Constitution do not apply to the Founder-President of the Popular Movement of the Revolution.; Likewise, the assent referred to in the first paragraph of article 78 is not required for the Founder-President of the Popular Movement of the Revolution.

Title IX. Transitional Provisions

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

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 III

The resumption or retrocession of land in accordance with Article 11 shall not give rise to any compensation in the event of non-development.

Article IV

Notwithstanding the provisions of Articles 52, 53 paragraphs 1 and 3, and 58 of the present Constitution, the present legislature expires on March 31, 1975.

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Translation:Constitution of the Republic of Zaire (1974)

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