Translation:Fundamental Law of the Republic of the Congo (1960)

For other versions of this work, see Constitution of the Democratic Republic of the Congo.

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Fundamental Law of the Republic of the Congo (1960)
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In early 1959, following serious unrest that challenged the colonial regime, the Belgian government accepted the principle of independence. A few months later, it proposed the gradual establishment of a representative system. However, in early 1960, a round table of customary chiefs and a dozen political parties met and adopted 16 resolutions on February 20, 1960, concerning the transition process and the organization of the new state, including the distribution of power between the central institutions and the provinces, and set the date of independence for the following June 30.
A fundamental law was then drafted by the Belgian Parliament to serve as a provisional legal framework before the adoption of a constitution drafted by the Congolese themselves. However, the Belgian Parliament developed a complex federal system, with a dyarchy at the top between the president of the republic and the prime minister. This fundamental law of 1960, supplemented after Mobutu's first coup d'état (September 14, 1960) by constitutional decree-laws, remained formally in force until the adoption of the Luluabourg constitution in 1964, as the Congolese, faced with military rebellions, insurgent governments and regional (see Katanga) or tribal secessions, had other more pressing concerns at the time than the drafting of a constitution; in fact, this provisional regime only functioned for a few days, providing a fragile legitimacy to the main political actors, Kasavubu, Lumumba, Tshombé. ... whose struggle for power was to tear the country apart until the establishment of the Mobutu dictatorship.

3760834Fundamental Law of the Republic of the Congo1960Wikisource

[[fr:[1]]]

BAUDOUIN.

King of the Belgians,

To all present and future, Greetings.

The chambers have adopted and we sanction the following:

Title One. Preliminary provisions

Article 1

In this law, the terms "State", "Parliament", "Chambers", "House of Representatives", "Senate", "Government", "Constitution", "law" and "decree" refer, if not otherwise specified, to the Congolese institutions and to the constitutional, legal and regulatory acts carried out by them

Article 2

The laws, decrees and legislative orders, their implementing measures as well as all regulatory provisions existing on June 30, 1960 shall remain in force until they are expressly repealed.

Article 3: The following provisions shall remain in force until the establishment of the public institutions which shall have been organized by the Constitution.; The Houses may only modify the present law by the majority provided for in Article 99.
Article 4

The Head of State and the two Chambers constitute the constituent power.

Article 5

None of the provisions of this law may be interpreted in a manner contrary to the principles set forth in the Basic Law on Civil Liberties.

Title II. Formation of the State

Article 6

The Congo shall constitute, within its present borders, an indivisible and democratic State.

Article 7: The State of the Congo shall consist, within its boundaries as of June 30, 1960, of six provinces, namely: Equateur, Kasai, Katanga, Kivu, Leopoldville, Orientale, each with civil personality.; A law may create others.
Article 8: The State of the Congo is composed of central, provincial and local institutions:; - The central institutions are; a) The Head of State;; (b) the Government, headed by a Prime Minister; c) the House of Representatives; d) the Senate.; The House of Representatives and the Senate constitute the Parliament.; - the provincial institutions are; (a) the Provincial Government, headed by a President;; (b) the provincial assembly;; - The local institutions are organized by the legislation existing at the time of the entry into force of this law without prejudice to the application of Article 160.; The State of the Congo also includes:; - economic and social councils ;; - a Constitutional Court
Article 9: As soon as possible after the official proclamation of the results of the elections, the King of the Belgians shall convene each of the chambers. They shall meet separately.; They are presided over by a provisional president designated by lot.
Article 10: In each chamber, the provisional President proceeds without delay to the appointment of the President, two Vice-Presidents and the Bureau according to the procedure established by the King of the Belgians.; The administrative organization of the services of the Parliament is determined by the King of the Belgians, until the chambers have been able to decide on it by their regulations.
Article 11: Within forty-eight hours after the appointment of the President of the Senate and the definitive constitution of its Bureau, the Chambers meet in a joint assembly under the chairmanship of the oldest of the Presidents of the Chambers.; After having determined the modalities, this assembly shall decide on the choice of the Head of State.
Article 12

The appointment of the Head of State is made by a two-thirds majority of all the members of the two chambers meeting together.

Article 13: If, within eight days from the date of the joint meeting of the Houses, the majority provided for in Article 12 has not been attained, the office of Head of State shall be temporarily assumed by the President of the Senate.; At any time, the Houses may be convened to proceed with the appointment of the Head of State, according to the procedure provided for in Articles 11 and 12, at the request of:; - the President of the Senate;; - the President of the House of Representatives;; - the Prime Minister;; - or by one-third of the members of either House.

Title III. Powers

Article 14

The powers are exercised in the manner established by this law.

Article 15

The legislative power is exercised, within the limits established by this law, collectively by the Head of State, the House of Representatives and the Senate, on the one hand, and by each of the provincial assemblies, on the other.

Article 16: The three branches of the central legislative power each have the right of initiative.; In each province, this right of initiative belongs to the provincial assembly and government.
Article 17: The executive power as regulated by this law belongs to the Head of State under the countersignature of the responsible Minister.; The provincial executive power is exercised in each province by the provincial government.
Article 18

Judicial power is exercised by the courts and tribunals.

Chapter One. The Head of State

Article 19

The person of the Head of State is inviolable; the Prime Minister and the Ministers are responsible.

Article 20: No act of the Head of State may have effect unless it is countersigned by a Minister, who, by this alone, makes himself responsible for it.; In no case may the verbal or written order of the Head of State exempt a Minister from responsibility.
Article 21: The Head of State has no powers other than those formally attributed to him by this law.; He shall exercise these powers, and in particular those mentioned in Articles 16, 22 to 32, only under the conditions laid down in Articles 17, 19 and 20.
Article 22

The Head of State appoints and dismisses the Prime Minister and the Ministers.

Article 23: The Head of State confers ranks in the armed forces and the gendarmerie.; He appoints to general administrative posts, with the exceptions established by law. He shall not appoint to other posts except by virtue of the express provision of a law.; He confers national, civil and military orders, observing in this regard what the law prescribes.
Article 24

The Head of State has the right to coin money, in accordance with the law.

Article 25: The Head of State makes treaties.; The treaties have effect only after having received the assent of the chambers, in the form of law.
Article 26

The Head of State commands the armed forces of the State.

Article 27

The Head of State makes the regulations and orders necessary for the execution of the laws, without ever being able to suspend the laws themselves or dispense with their execution.

Article 28

The Head of State sanctions and promulgates laws.

Article 29

The Head of State has the right to remit, reduce or commute sentences, without prejudice to the application of article 41.

Article 30

The Head of State has the right to convene the Houses in extraordinary session.

Article 31

The Head of State may adjourn the Houses in accordance with Article 70.

Article 32

The Head of State has the right to dissolve the Houses, in accordance with Articles 71 and 72.

Article 33: In the event of a vacancy or if the Head of State is unable to perform his duties, the Prime Minister, after deliberation in the Council of Ministers, shall convene the chambers as soon as possible, and within thirty days at the latest.; As soon as the chambers have been convened, the Council of Ministers shall assume the functions of Head of State until the chambers have made their decision.; The joint deliberation of the chambers shall establish the vacancy or impossibility of the appointment of a new Head of State and, by a two-thirds majority of all its members, shall proceed to appoint a new Head of State.; If, within thirty days from the date of the joint meeting of the Houses, the majority provided for above has not been attained, the office of Head of State shall be temporarily assumed by the President of the Senate, subject to the application of Article 13, second paragraph.
Article 34: Until such time as the law provides, the Head of State, or the President of the Senate called upon to exercise these functions by application of Articles 13 and 33, shall not take office until he or she has sworn before the assembled Houses and in the presence of the Government:; "I swear to observe the laws of the Congolese Nation, to maintain national independence and territorial integrity."

Chapter II. Executive power

Section I. The Government

Article 35: The Government is composed of the Prime Minister and Ministers, and includes at least one member from each province.; The Prime Minister and the Ministers are responsible to both Houses in accordance with the provisions of Articles 42 to 46.
Article 36: The Prime Minister conducts the policy of the State in agreement with the Council of Ministers, which he or she chairs.; He shall direct the action of the Government. He submits to the Head of State proposals concerning the exercise of regulatory power and the execution of laws.
Article 37: The Government may, for the urgent execution of its program, ask the Chambers for authorization for the Head of State to take measures which normally fall within the domain of the law, by ordinance-law, and for a specific matter.; Ordinances are drafted by the Council of Ministers and submitted to the Constitutional Chamber beforehand.; They become null and void if they are not approved by the Chambers within six months of their coming into force.
Article 38: The ministers have voting rights only in the House of which they are members.; They shall be admitted to each of the chambers and shall be heard when they so request. The chambers may request the presence of the ministers.
Article 39: A minister may not deal with a matter or take part in a deliberation in which he or one of his relatives or allies, up to and including the fourth degree, has a direct personal interest.; This prohibition does not extend beyond relatives or allies up to the second degree, when it concerns the presentation of candidates, appointments to posts, dismissal or suspension.
Article 40: Ministers may only be prosecuted after they have been indicted by one of the two Houses.; In this case, they shall be brought before a Court of Justice sitting in the Congo. This court shall be composed of three counselors of the Court of Cassation of Belgium designated by its First President, a member of the General Prosecutor's Office at the Court of Cassation designated by its General Prosecutor and a clerk designated by the First President.
Article 41

The Head of State can only pardon a minister condemned by the Court of Justice at the request of one of the two chambers.

Section II. Relations between the Government and the Parliament

Article 42: After its constitution, the Government presents itself to each of the Houses in order to obtain confidence.; Confidence is acquired by an absolute majority of the votes of all the members of each House.
Article 43: The joint responsibility of the Government is called into question by the tabling of a motion of no confidence.; Such a motion is only admissible if it is signed by at least one fifth of the members of either House.; The vote may not take place until forty-eight hours after the motion has been tabled.; Without prejudice to the application of Article 56, third paragraph, the motion of no confidence shall only be adopted if it receives either two thirds of the votes of the members present in one of the two Houses or, in each of the Houses, an absolute majority of the votes of all the members of which it is composed.
Article 44: In the event of the adoption of a no-confidence motion under the conditions laid down in Article 43, the Ministers shall hand in their resignations to the Prime Minister, who shall transmit them, together with his own, to the Head of State.; Until a new Government is formed, current affairs are handled by the resigning Government.
Article 45: The individual responsibility of a member of the Government is called into question by the tabling of a motion of censure.; The admissibility of the motion of censure, the majority required for its adoption and the procedure followed are those determined in article 43 for the motion of no confidence.
Article 46

The censure of a member of the Government entails his resignation. It does not necessarily entail the resignation of the Government.

Section III. Special provisions

Article 47: Before June 30, 1960 and after the official proclamation of the results of the elections for the Chamber and the Senate, the first Government of the Congo shall be constituted in the following manner:; - taking into account the results of the elections and after consultation with the main political groups and personalities, the King of the Belgians shall appoint a formateur whose task shall be to assemble a ministerial team capable of obtaining the confidence of Parliament;; - on the proposal of the formateur, the King of the Belgians appoints the Prime Minister and the ministers,
Article 48: Within three days of the appointment of its members, this first government shall appear before the Houses in order to obtain their confidence.; This confidence will be acquired in accordance with Article 42, second paragraph.
Article 49: By way of derogation from Article 25, first paragraph, this first Government will have the task, even before the appointment of the Head of State, of concluding a general treaty of friendship, assistance and cooperation with the Belgian Government.; Within the framework of this treaty, it shall negotiate the special conventions to be concluded between the Congo and Belgium concerning the modalities of cooperation to take place, as from 30 June 1960, between these two States.; He is also authorized to conclude with the Belgian Government unions to be concluded between the Congo and the territory of Ruanda-Urundi, particularly in the fiscal, monetary, customs, postal, telecommunications and radio fields.

Chapter III. Legislative power

Section I. Generalities

Article 50

The legislative competence of both Houses is identical.

Article 51: The interpretation of the laws by authority is the sole responsibility of the Houses.; For the interpretation of the present law, the Houses can request the interpretation of the Belgian Parliament.
Article 52: The meetings of the Houses are public.; Nevertheless, each chamber may decide to hold a closed session.; It then decides whether the session should be resumed in public on the same subject.
Article 53

Minutes are kept of the sessions. The minutes shall be made public in the manner determined by the rules of procedure to be established by each chamber.

Article 54

Each chamber shall verify the credentials of its members and shall judge any disputes that may arise in this regard.

Article 55

At each session, each of the chambers shall appoint its president, its two vice-presidents and shall compose its bureau.

Article 56: All resolutions shall be passed by an absolute majority of votes, except for what shall be established in the regulations of the chambers with regard to elections and presentations.; In the event of a tie, the proposal put to the vote shall be rejected.; Neither House can pass a resolution unless a majority of its members are present.
Article 57: Any imperative mandate is null and void.; The right to vote of the members of the chambers is personal.
Article 58: 1. Votes are cast either aloud or by sitting or standing.; All laws are voted on by roll call and by voice vote. Votes may also be cast by a technical system that provides identical guarantees.; 2. Nevertheless, each House may decide to vote by secret ballot on a specific resolution.; In no case may this decision apply to a vote of confidence, a motion of no confidence or censure and the approval of the budget.; Nominations and elections of candidates shall be by secret ballot.
Article 59

A bill may not be submitted to a vote in either House until it has been adopted article by article.

Article 60

The Houses shall have the right to amend and divide the proposed articles and amendments.

Article 61

Any amendment to the proposed budget involving an increase in expenditure shall provide for the necessary ways and means, and any amendment involving a decrease in revenue which will have the effect of breaking the balance of the budget shall provide for a corresponding decrease in expenditure or for new revenue.

Article 62: It is forbidden to present petitions to the Houses in person.; Each House has the right to refer petitions addressed to it to the Ministers. The Ministers are obliged to give explanations of their contents whenever the House so requires.
Article 63

Each House may request the opinion of the economic and social councils referred to in Title IV of this law on a question or a bill.

Article 64: Each chamber has the right of inquiry.; The exercise of this right is the subject of a specific law.
Article 65

No member of either House may be prosecuted, investigated, arrested, detained or tried for opinions and votes cast by him in the exercise of his duties.

Article 66: No member of either House may be prosecuted or arrested for criminal offenses during the session, except with the authorization of the House of which he or she is a member, except in cases of flagrante delicto.; No member of either chamber may be arrested outside the session except with the authorization of the board of the chamber to which he belongs, except in cases of flagrante delicto, authorized prosecution or final conviction.; The detention or prosecution of a member of either chamber shall be suspended if the chamber of which he or she is a member so requests, without such suspension exceeding the duration of the current session.
Article 67

The first term of office of the Houses may not be less than three years nor more than four years, except in the case of dissolution.

Article 68

The sessions of both Houses are simultaneous; any meeting of either House held outside the time of the sessions is null and void.

Article 69: The Houses shall meet as of right, subject to the provisions of Article 102, each year on the first Monday of March and September, unless they have been previously convened by the Head of State.; The chambers must remain in session each year for at least forty days. This period is extended to one hundred days until the Constitution has been fully drafted.; The Head of State declares the session closed.
Article 70

The adjournment during the session of the Houses, pronounced by the Head of State, may not exceed the term of one month, nor be renewed in the same session without the consent of the Houses.

Article 71

Before the final adoption of the Constitution, the dissolution of one or both Houses may be pronounced by the Head of State only after deliberation in the Council of Ministers and the agreement of at least one of the two Houses, acquired by two-thirds of the members present.

Article 72: In the event of the dissolution of either of the two Houses or of the House of Representatives alone, the act of dissolution shall contain a convocation of the electors within three months and of the Houses within four months.; In the event of the dissolution of the Senate, the act of dissolution shall contain a convocation of the new chamber within one month.; If, within six months of the meeting of this new chamber, the Head of State has to dissolve it again, he may also dissolve the provincial assemblies.; This act of dissolution contains a convocation of the electorate within three months and of the provincial assemblies and the Senate within four months.
Article 73

In the event of the dissolution of both Houses, bills which have not been passed by either of the dissolved Houses are considered null and void; each of the new Houses is seized, without further referral, of bills which have been passed by the other House prior to the dissolution and which it has neither passed nor rejected.

Article 74: In the event of the dissolution of one of the Houses, the bills that were presented to the dissolved House and were not adopted by them are considered null and void; the new House is seized, without further referral, of the bills that were adopted by the other :House prior to the dissolution; the other House remains seized of the bills that were adopted by the dissolved House.
Article 75

In the event of the dissolution of one of the Houses, the new Assembly or Assemblies are required to decide on the articles of the Constitution previously adopted.

Article 76

The date of the first elections of the legislative chambers that are to replace those organized by the present law shall be determined by the Constitution, taking into account the provisions of article 67.

Article 77: The chambers, meeting in a joint assembly under the terms of article 11, shall decide, at their first meeting, on their working language and on the drafting of official documents and legislative texts.; Each Chamber shall determine, in its internal rules of procedure, the manner in which the translation into the chosen language of speeches made in other languages admitted by it shall be ensured.; Until such time as the chambers have so decided, the French language shall be provisionally used and the translation into this language of speeches in Swahili, Lingala, Kikongo and Tshiluba shall be assured.
Article 78: Each member of the two chambers enjoys an annual allowance of 100.000 francs.; He has the right, in addition, to travel to and from the chambers, to free travel on all the communication routes operated or conceded by the State.; The other means of transport that he can also use free of charge for this purpose, will be determined by the law.; He shall also be entitled to free postage for correspondence addressed to the public authorities and administrations determined by law.; Each Chamber shall determine the amount of the deductions that may be made from the allowance as contributions to the retirement or pension funds that it deems appropriate to establish, and the amount of family allowances for those who are not beneficiaries.
Article 79

The presidents and vice-presidents of the two chambers enjoy a special complementary allowance of 50.000 and 25.000 francs respectively.

Article 80: Each member of the two chambers enjoys an attendance allowance of 200 francs per day for the working sessions of the chambers or their commissions, provided that he has participated fully in the deliberations.; He is also entitled to the reimbursement of his accommodation expenses during his stay in the locality where the chambers are sitting and for the duration of their work, provided that it is impossible for him to return to his residence during this time.; He shall also be reimbursed for accommodation expenses incurred in travelling to and from the chambers.
Article 81

Deputies and Senators may not participate in deliberations in which they have a direct personal interest.

Article 82: The President has the police of the Assembly.; He may, after giving a warning, expel immediately any member of the public who disturbs the order or who gives signs of approval or disapproval.; Any person who refuses to comply with an expulsion order may be punished by a term of penal servitude of up to one month and a fine not exceeding one thousand francs or either of these penalties.; A report shall be drawn up by the president and sent to the competent judicial authority.
Article 83

Each chamber shall determine, by its regulations, the manner in which it exercises its powers.

Section II. The House of Representatives.

Article 84: The members of the House of Representatives are elected by direct universal suffrage, in accordance with the provisions of the electoral law of March 23, 1960.; In an electoral district, there shall be one deputy for every 100,000 inhabitants, without distinction as to age, sex or nationality; each fraction of the population exceeding 50,000 shall entitle to one additional deputy.; The population figure to be taken into consideration is that which appears in the official statistics established on December 31, 1959.; Each elector is entitled to only one vote.
Article 85

The members of the House of Representatives represent the Nation and not the electoral district that elected them.

Article 86

The term of office of the members of the House of Representatives shall end on the day before the meeting of the assembly that is to replace it.

Section III. The Senate

Article 87: 1. The Senate is composed of senators elected by the provincial assemblies, fourteen from each province, including at least three customary chiefs or notables.; 2. In addition, the elected senators may be joined by co-opted members. These shall be elected in equal numbers for each province and their total number shall not exceed twelve.
Article 88: The Senators to be elected by each Provincial Assembly, referred to in Article 87, paragraph 1, with the exception of the customary chiefs and notables designated as such, are elected according to the proportional representation of the votes cast, in accordance with the provisions of Articles 116, 117 and 118.; The senators to be elected by each provincial assembly as customary chiefs or notables, also referred to in Article 87, paragraph 1, are designated in accordance with the procedure laid down in Articles 119, 120 and 121.; The term "customary chiefs" refers to chiefs of chiefdoms.; The term "notables" refers to the chiefs of the groups making up the sectors.
Article 89: The co-opted senators referred to in Article 87, paragraph 2, are elected for each province by the senators representing that province.; The election shall take place in plenary session, by secret ballot and in a single, simultaneous operation for all the senators.; The vote is carried out in a single ballot. The candidate or candidates elected for each province are designated in the order of the votes obtained. In the event of a tie, the oldest candidate wins.; Each senator is entitled to only one vote.
Article 90: The election of co-opted senators is confirmed by the Senate by a secret ballot and a simple majority.; If this majority is not obtained in favor of one or more of them, one or more new elections shall be held, as the case may be.; The co-opted Senators shall not have the right to vote until all the seats have been filled.
Article 91: The election of co-opted senators can only take place when the credentials of all the senators elected by the provincial assemblies have been verified.; If, as a result of invalidation, election, death or otherwise, one or more seats for a province remain provisionally vacant, the ballot shall be adjourned for the appointment of co-opted senators, if at least one third of the senators representing a province so request.
Article 92: The lists of co-opted senatorial candidates must be presented by province at least ten days before the ballot.; The lists shall bear the signatures of at least one tenth of the members of the provincial assembly.; If the number of candidates from a province does not exceed the number of mandates to be conferred for that province, these candidates are proclaimed elected subject to their confirmation by the Senate.
Article 93: When a Senator appointed by the Provincial Assembly ceases to be a member of the Senate, he or she shall be replaced by a candidate from the same province who did not obtain a seat.; This candidate shall be the one who obtained the highest number of votes in the ballots referred to in Articles 118 and 121.; If there is no substitute, the Provincial Assembly appoints a new Senator in accordance with the procedure laid down for the appointment, as the case may be, either of the traditional chiefs and notables or of the other Senators, provided, however, that the election of the latter shall be by simple majority.; The candidates not elected shall be placed in the order of the votes obtained and shall be called in that order, and on the same list in case of a new vacancy.
Article 94: When a co-opted Senator ceases to be a member of the Senate before the expiration of his or her term of office, his or her substitute shall be appointed for the province concerned in accordance with the procedure laid down in Articles 89 to 92.; This designation takes place during the first sitting meeting held after the month following the vacancy, or month after the vacancy occurs, or if the Senate is not in session, during the first session session following the vacancy.
Article 95: The President of the Senate does not have the right to vote.; He is appointed for a period of one year at the opening of the first session. This mandate can be renewed only once and with the consent of two thirds of the votes of the members present.; Each province is successively represented in the presidency.; The member elected president is replaced by his substitute. The latter sits, by right, with a deliberative vote, for the time during which the member he replaces assumes the functions of president.
Article 96

Each member of the Senate represents his province. He defends the interests of his province within the framework of the general and superior interest of the Nation.

Article 97

The term of office of the members of the Senate shall end on the day before the meeting of the Assembly that is to replace the Senate.

Section IV. The drafting of the Constitution

Article 98

The Constitution shall be drawn up by the constituent power in accordance with the procedure laid down in the following provisions.

Article 99: No House may deliberate unless at least two thirds of its members are present.; No provision shall be adopted unless it receives at least two thirds of the votes cast.
Article 100: The Constitution is not final until it has been approved by the Provincial Assemblies with at least two-thirds of their members present.; The vote of the Provincial Assemblies is on the whole Constitution to be approved or rejected by a yes or no vote.; In the event of rejection of the constitution as a whole, the provincial assembly is obliged to vote again article by article.; In case of rejection of an article, the Provincial Assembly is obliged to propose the amendment or amendments by virtue of which it can approve the article rejected by it.
Article 101: When the rejection of one or more provincial assemblies relates only to an article or articles, the chambers may limit themselves to considering the amendments proposed by the assemblies.; In the second round, the provincial assemblies shall only vote on the articles rejected by them in the first round.; If one or more articles are rejected again by one or more of the same provincial assemblies, the procedure is repeated a second time.; From the third round onwards, the Constitution is definitively adopted when it is approved by a majority of the Provincial Assemblies.
Article 102: The Houses, convened by the King of the Belgians as provided for in Article 9, will meet for the first time and before June 30th, at the place that the King determines.; They shall decide in a common assembly, by a majority of two thirds of the members composing them, on the choice of the locality that shall become the seat of the national institutions.; In the same way, they decide on the place or places where the Constituent Assembly will sit.
Article 103

A neutral zone status will be applied to the locality where the Chambers or the Constituent Assembly will sit.

Article 104: The neutral zone is placed under the authority of a special commissioner representing the State, appointed and dismissed by the Head of State.; A law will organize, before June 30, 1960, the status of the neutral zone and will determine the respective competencies of the special commissioner and the legally established local authorities.
Article 105: The chambers may request the presence of the special commissioner.; The special commissioner must be heard, at his request, by the assembly of the province in which the neutral zone is established.; He must also be heard, at his request, by the local councils sitting in the jurisdiction of the neutral zone.

Chapter IV. Provincial institutions

Section I. The provincial legislature

Subsection I. The constitution of the Assembly and its functioning

Article 106

There is an Assembly in each province.

Article 107: The Assembly comprises:; 1° Members elected either by direct universal suffrage or by the second degree, according to the election formula chosen for each province and in accordance with the provisions of the electoral law of March 23, 1960.; 2° Members co-opted by the provincial councillors referred to in 1°, from among the customary chiefs and notables in accordance with the provisions of articles 110, 111 and 112 of this law.; The terms "customary chiefs and notables" shall be understood in the sense specified in Article 88.
Article 108: The councillors referred to in 1° of Article 107 are:; - 60 in the provinces with less than 2 million inhabitants;; - 70 in provinces with a population of 2 million to less than 2,500,000;; - 80 in provinces with a population of 2,500,000 to less than 3 million;; - 90 in provinces with a population of 3 million or more.; The population figure to be taken into consideration is the one appearing in the official statistics established on December 31, 1959.; By decision of the provincial executive college, the number of co-opted councillors for each assembly is fixed before the constitution of this assembly at 10 or 15 % of the number of councillors referred to in the first paragraph of this article, any fraction being rounded up to the next unit.
Article 109: Before June 30, 1960, the assemblies shall meet for the first time, upon convocation by the provincial executive college, in the chief town of the province.; Exceptionally, the college may designate another locality.
Article 110: The assemblies composed of the members referred to in Article 107, paragraph 1, shall meet under the chairmanship of a provisional president designated by lot, to elect the co-opted councilors.; The election shall be by secret ballot, with at least two-thirds of the members of the assembly present.; An amendment voted on 16-6-1960 adds: "However, if, after two consecutive meetings of the Assembly, the presence of at least two thirds of its members could not be obtained during the vote, the Assembly can validly decide as long as the majority of the members is present".; Each councilor is entitled to one vote only.
Article 111: Customary chiefs and elders who are candidates for a co-opted provincial councilor's mandate, present their candidacy for the first time to the provincial executive college and subsequently to the office of the assembly, no later than the fourth day before the vote.; Their candidacy shall be signed by at least five traditional leaders or elders of the province.; The list of candidates is brought to the attention of the assembly at least three clear days before the ballot.; They are elected in the order of the votes obtained.; If the number of candidates does not exceed the number of mandates to be filled, these candidates are proclaimed elected without further formality.; The candidates who have not obtained a mandate, are called in the order of the ranking resulting from the fourth paragraph of this article, to replace the titular members whose seat becomes vacant or who are elected as members of the provincial government.
Article 112: The elections referred to in Article 110 can only take place when the credentials of all the councillors referred to in the first paragraph of Article 107 have been verified.; The elections referred to in Articles 113 and 114 can only take place when the credentials of all the provincial councilors have been verified.
Article 113: As soon as they are fully constituted, the Assemblies, under the chairmanship of their provisional President, proceed to the appointment of their President, their two Vice-Presidents and their Bureau, according to the procedure established by the King of the Belgians.; The administrative organization of the services of the Assembly shall be determined by the King of the Belgians, until such time as the Assembly has been able to decide on this in its regulations.
Article 144: After having carried out the operations provided for in Article 113, the Assembly elects the senators who are to represent the province in the Senate, as well as the members of the Provincial Government.; The election is carried out in a single round and by secret ballot, with at least two thirds of the members present.; An amendment voted on 16-6-1960 adds: "However, if, after two consecutive meetings of the Assembly, the presence of at least two thirds of its members has not been obtained during the vote, the Assembly may validly take a decision provided that the majority of its members are present.; Each councilor is entitled to only one vote.
Article 115: The electoral operations shall take place under the direction of the board of the assembly. The two least senior councilors of the assembly shall assist the board in the conduct of the operations.; The President of the Assembly shall announce the results of each of the elections referred to in Article 114 in turn.
Article 116

The senatorial candidates, with the exception of those to be designated as customary chiefs or notable, must be presented at the latest on the fourth day before the day set for the ballot, by at least one twentieth of the provincial councilors.

Article 117: A candidate may not appear on more than one list for the same election, either in the same province or in different provinces.; An accepting candidate who violates this prohibition is automatically removed from all the lists on which he or she appears.
Article 118: Three clear days before the day set for the election, the list of candidates is drawn up, first by the Provincial Executive Board and then by the Provincial Government, and brought to the attention of the Assembly.; When the number of candidates does not exceed the number of mandates to be conferred, these candidates shall be proclaimed elected by the authority that establishes the list of candidates without further formality.; When the number of candidates exceeds the number of seats to be conferred, the electoral operations are carried out according to the system of proportional representation organized by articles 47 to 50 of the electoral law of March 23, 1960.
Article 119: The senatorial candidates for the title of customary chief or notable must be presented, subject to article 121, fourth paragraph, on a double list by the customary chiefs and the notables of the province, at the latest the fourth day before the date fixed for the ballot.; All the traditional chiefs and elders are summoned and convened by the provincial executive college at the provincial capital or at any other place it determines.; Customary chiefs and elders who are unable to attend may delegate a representative with a written power of attorney countersigned by two members of the constituency council concerned.; The list of presentations is dated and signed by at least half of the traditional chiefs and elders of the province, or by persons duly mandated by them.; The presentations shall indicate the surnames, first names and the capacity of the candidates as well as the constituency to which they belong.; This list is presented for the first time to the Provincial Executive College and subsequently to the Provincial Government.
Article 120: The Assembly decides within forty-eight hours before the meeting of the traditional chiefs and elders referred to in Article 119, the number of seats it intends to reserve for the senators designated as traditional chiefs or elders, in accordance with Article 87.; If the Assembly fails to decide within this time limit, it is deemed to have decided on the number of seats to be reserved for three.
Article 121: Three clear days before the date fixed for the vote, the list of candidates for the seats to be filled is brought to the attention of the assembly.; The vote is carried out in one round.; The candidate or candidates are designated in the order of the votes obtained. In the event of a tie between a traditional chief and a notable, the traditional chief wins. In the event of a tie between two traditional chiefs or two elders, the eldest wins.; If the customary chiefs and elders have not been able to present a double list for all the seats to be filled, the assembly may:; - either decide on the incomplete list presented or ratify the proposed candidates if the number of candidates corresponds to the number of seats to be filled;; - or send back the presentations in order to establish a complete double list.; In the latter case, the traditional chiefs and notables are obliged to present this list within forty-eight hours of the referral.
Article 122: The minutes of the elections provided for in articles 118 and 121, drawn up and signed immediately by the members of the bureau sitting in accordance with the first paragraph of article 115, shall be sent immediately to the clerk's office of the Senate with the acts of presentation.; Extracts of the minutes shall also be sent within two days to the elected representatives, to the non-elected candidates and to the provincial councilors.
Article 123: The procedure for appointing members of the Provincial Government, the composition of which is provided for in Article 163, includes the presentation of candidacies before the Assembly and the election by the latter.; The presentation of candidacies is done at the office of the assembly in accordance with article 116, however, candidates present themselves individually to the exclusion of any list.; The Assembly first elects the President of the Provincial Government, who is elected by an absolute majority.; The Assembly then proceeds to the election of the other members of the Provincial Government.; This election is held in one round.; The candidates are designated in the order of the votes obtained.; In the event of a tie for the last seat, an additional ballot is held to decide between the two candidates.; In the event of a new tie, the older candidate wins.
Article 124

Members of the Provincial Government must meet the eligibility requirements for Provincial Councilors.

Article 125

Provincial Councilors represent the province and not the electoral district that elected them, nor the chiefdom, sector or grouping from which they come.

Article 126

The interpretation of edicts by authority belongs only to the Assembly.

Article 127: Articles 52 to 60, 62 and 63 are applicable, mutatis mutandis, to the assembly.; The latter determines, by its internal regulations, the way in which it exercises its attributions.
Article 128

No member of the Assembly may be prosecuted, investigated, arrested, detained or tried for opinions and votes cast by him in the exercise of his functions.

Article 129: No member of the Assembly may, during the session, be prosecuted or arrested for criminal offenses without the authorization of the Assembly Board, except in cases of flagrante delicto.; No member of the Assembly may be arrested outside the session

be arrested except with the authorization of the of the Assembly, except in cases of flagrante delicto

No member of the Assembly may be arrested outside of session without the authorization of the Assembly Board, except in cases of flagrante delicto, authorized prosecution, or final conviction.; The detention or prosecution of a member of the Assembly shall be suspended if the Assembly so requires, without such suspension exceeding the duration of the current session.
Article 130

The first term of office of the Assemblies may not be less than three years nor more than four, except in the event of dissolution.

Article 131: The term of office of the Provincial Councillors shall end on the day before the meeting of the Assembly that is to replace the one organized by this law.; Except in the case of dissolution, this new assembly shall be the result of elections organized by the provincial constitution drawn up in accordance with the provisions of the Constitution.
Article 132: The Assembly shall meet as of right twice a year in ordinary session, subject to the provisions of Article 109, on the first Mondays of April and October, unless previously convened, possibly at the request of the State Commissioner, by the Provincial Government.; The assembly shall remain in session for at least fifteen days per regular session. This period is extended to one month until the provincial constitution is fully developed.; In no case may an ordinary session exceed two months. However, for sessions devoted to the drafting of the provincial constitution, the State Commissioner may extend this period and set the limit himself.
Article 133: Without prejudice to the application of Article 109, second paragraph, the Provincial Assembly sits in the capital of the province, unless the Head of State authorizes it to sit in another locality of the province due to an extraordinary event.; The choice of this locality is proposed to the Head of State by the President of the Assembly or, in case of an extraordinary session, by the President of the Provincial Government.
Article 134: The Provincial Government, possibly at the request of the State Commissioner, may convene the Assembly in extraordinary session.; This session may not exceed one month.
Article 135: Provided that at least two months have elapsed since the closing of the last session, the State Commissioner is obliged, at the request of one third of the Provincial Councillors in office, to immediately convene the Assembly in an extraordinary session in order to allow it to hear the Provincial Government explain a point of its management.; This session may not include other items on the agenda and may in no case exceed eight days.
Article 136

Any meeting of the Assembly outside the time of the ordinary or extraordinary session is null and void.

Article 137: The closing of ordinary sessions is pronounced, on the proposal of the President of the Assembly, by the Provincial Government, without prejudice to the application of paragraphs 2 and 3 of Article 132.; The closing of extraordinary sessions is pronounced by the Provincial Government.
Article 138

The adjournment of the Assembly can be pronounced, during the session, by the State Commissioner. The adjournment cannot exceed the term of one month and cannot be renewed during the same session.

Article 139: In exceptional cases and in the event that the Assembly is no longer able to carry out its function effectively, the Provincial Government may, after giving notice to the Assembly, request the State Commissioner to dissolve the Assembly.; The act of dissolution shall contain a call to the electorate within three months and to the Assembly within four months.
Article 140

When the Assembly is not dissolved as a result of the dissolution of the Senate, it shall be convened by the Provincial Government at the request of the State Commissioner, within the period of one month established in Article 72, second paragraph, for the purpose of electing senators.

Article 141: The Chambers, meeting in joint assembly under the terms of Article 11, shall decide at their first meeting on the working and drafting language of the official documents and legislative texts of the Provincial Assemblies.; Each Provincial Assembly shall determine, in its internal regulations, the manner in which the translation into the chosen language of speeches made in other languages admitted by it shall be ensured.; Until such time as the chambers have so decided, the French language shall be provisionally used and the translation into this language of speeches in Swahili, Lingala, Kikongo and Tshiluba shall be ensured.
Article 142: Each member of the Assembly shall receive an annual allowance. This allowance is fixed by the provincial assembly and cannot exceed 100,000 francs.; He/she is entitled to the benefits set out in paragraphs 2, 3 and 4 of Article 78, subject to the understanding that "government" means the provincial government.; He is also entitled to the benefits set out in paragraphs 2 and 3 of Article 80.; The Assembly determines the amount of the deductions that may be made from the allowance as contributions to the retirement or pension funds it deems appropriate, and the amount of family allowances for those who are not beneficiaries.
Article 143

The President and the Vice-Presidents of the Assembly shall receive a special supplementary allowance, set at 50 % and 25 % respectively of the allowance determined in Article 142.

Article 144

Provincial Councillors may not participate in deliberations in which they have a direct personal interest.

Article 145: The President has the authority of the Assembly.; He may, after giving a warning, immediately expel any member of the public who disturbs the order or gives signs of approval or disapproval.; Any person who refuses to comply with an order of expulsion may be punished by a term of penal servitude not exceeding fifteen days and a fine not exceeding five hundred francs, or by one of these penalties only.; A report shall be drawn up by the president and sent to the competent judicial authority.
Article 146

The President of the Assembly may exceptionally call into session for consultation the civil servants and representatives of the provincial administrations and public establishments established in the province, whom the Assembly or himself designates.

Article 147: The Assembly may form committees from among its members to prepare the examination of the budget and other matters on the agenda.; The work of the committees is not public. The chairman of the committee may call for consultation the persons referred to in Article 146 whom the committee or he himself designates.

Subsection II. Attributions

Article 148: The Assembly deliberates on all matters of provincial interest.; It legislates by way of edict and disposes by way of edict-regulation for the implementation of the law.; Its acts cannot be contrary to the legal or regulatory provisions enacted by the Chambers or the Government.
Article 149

The edicts in matters exclusively attributed to the competence of the province, in accordance with the provisions of Title V, may not be contrary to the present fundamental law, nor to the fundamental law on public liberties, nor to the provincial constitution.

Article 150

In other matters, with the exception of those exclusively attributed to the central power, the Assembly may issue edicts, provided that the law does not completely regulate the matter.

Article 151

The penalties which the Assembly may impose in its edicts may not exceed six months of penal servitude and a fine of six thousand francs, or one of these penalties only, unless otherwise provided by law.

Article 152

The Assembly decides on programs of provincial interest.

Article 153

The Assembly votes annually and in public session the budget of the province's expenses for the following fiscal year and the means to meet them.

Article 154

Any amendment to the draft budget proposed by a provincial councilor that results in an increase in expenditure must provide for the necessary ways and means, and any amendment that results in a decrease in revenue that will upset the balance of the budget must provide for a corresponding decrease in expenditure or new revenue.

Article 155: The budgetary decree is enforceable forty days after its publication, unless within this period the Prime Minister requests a revision by the Assembly.; Revision may be requested only:; - if the balance of the budget is not effectively ensured in such a way that its execution may threaten the financial security of the State;; - if the allocation of state grants for specific purposes is not respected.; In the latter case, the application for review shall relate only to the provisions concerning the allocation of such grants.
Article 156

If the budgetary edict is not adopted and made executory before the opening of the fiscal year, the Assembly shall make the necessary provisional appropriations to the provincial government.

Article 157

The Assembly may, in the name of the province, contract loans under the conditions that shall be determined by special provisions.

Article 158: The Assembly gives its opinion on all matters submitted to it by the central government bodies.; The minutes of the deliberations are sent to the central authority that referred the matter to the assembly.
Article 159

The name, creation, limits and abolition of the administrative districts of the province, as well as the determination of their chief towns, are determined by the Assembly.

Article 160: A provincial constitution organizing the administrative and political structure of each province within the framework of the general measures established by this law shall be drawn up by each Assembly as soon as possible.; The Assembly may not deliberate on it unless at least two thirds of its members are present. No provision or amendment shall be adopted unless it receives at least two-thirds of the votes.
Article 161

The president of the assembly ensures by his signature the authenticity of the acts of the assembly.

Section II. The provincial government

Article 162

In each province, a provincial government is constituted before June 30, 1960.

Article 163: This government is elected by the Assembly from within or outside of it.; It is composed of a president and five to ten members according to the decision of the assembly.
Article 164

The election of the provincial government takes place in accordance with the procedure established in Articles 123 and 124 of this law.

Article 165: The President of the Government coordinates and controls the activity of the government team.; He determines the powers of each member of the government.; He has the sovereignty to decide on any conflict of powers that may arise between the members of the government.; He promulgates and publishes provincial edicts and regulations.; He liaises with the Assembly on the one hand and with the State Commissioner on the other.
Article 166

The members of the government are elected for the period corresponding to the provincial legislature.

Article 167

The Government is renewed after each renewal of the Assembly.

Article 168

When, for one of the reasons determined in Article 169, one or more members of the Provincial Government cease to hold office during their term, a new election is held by the Assembly in accordance with the provisions of Articles 123 and 124 of this law.

Article 169

The term of office of a member of the Provincial Government ends in case of resignation, death or for one of the causes provided for in Article 170.

Article 170: Any member of the Provincial Government ceases to hold office in the event of:; - loss of one of the conditions required to be elected; - a motion of censure adopted by the Assembly, by a two-thirds majority of all its members, and upon presentation of at least twenty councilors.
Article 171: Resignation shall be given in writing to the President of the Government, who shall forward it to the President of the Assembly.; The term of office shall end on the date of notification of receipt of the resignation by the President of the Assembly.

Article 172.

The member of the government who resigns or who has been the subject of a motion of censure, assures the expedition of current affairs until the designation of his successor.
Article 173: In the event of the resignation, death or cessation of functions of the President of the Government, the Assembly shall provide for his replacement.; It may appoint another member of the Government as President, in which case it shall proceed to elect his successor.
Article 174

The members of the Provincial Government receive an allowance, the amount of which is determined by the Assembly.

Article 175

The members of the provincial government have a consultative voice in the assembly; they have the right to make proposals on the matters under discussion.

Article 176: The provincial government manages the affairs of the province in accordance with the legal and regulatory provisions.; It deliberates in college. Each member of the Provincial Government is responsible for the execution of the decisions taken in the college and which fall within his or her competence, unless the Provincial Government decides otherwise.; By means of decrees, the Provincial Government ensures in particular the execution of:; - edicts, edicts-regulations and programs adopted by the assembly;; - the laws, ordinances and ordinances for which it is responsible by the central government.; He directs all the administration of the province under the high supervision of the assembly.; He ensures the supervision of the cities, municipalities, territories and districts within the framework of the autonomy recognized to these entities.; He submits to the Assembly, for which he prepares the agenda, draft edicts and programs.; Each year he prepares a preliminary draft budget which he submits to the Assembly.
Article 177

The Courts of Appeal hear directly and without appeal offences committed by members of the Provincial Government. The latter are indicted by the Public Prosecutor who entrusts the investigation to a magistrate of his office.

Article 178: No member of the Government may deal with a matter or take part in a deliberation in which he or any of his relatives or allies, up to and including the fourth degree, have a direct personal interest.; This prohibition does not extend beyond relatives or allies up to the second degree, when it concerns the presentation of candidates, appointments to posts, dismissals or suspensions.
Article 179: The Provincial Government can defend in court any action brought against the Province. It may bring, without prior deliberation of the Assembly, actions involving movable property and possessory actions, and perform all conservatory acts.; The President of the Provincial Government chooses the lawyers of the Province and the agents to represent it before the courts.; The actions of the Province, whether as plaintiff or defendant, shall be brought, in the name of the Provincial Government, by the President of the Provincial Government.

Section III. The State Commissioner

Article 180

A State Commissioner is, in each province, the representative of the central government.

Article 181: The State Commissioner for each province is appointed by the Head of State, with the consent of the Senate and after consultation with the President of the Provincial Government, or in his absence, with the President of the Assembly.; He is dismissed by the Head of State.
Article 182

The State Commissioners are appointed for a period of three years.

Article 183

The State Commissioner has the right to attend the deliberations of the assembly; he is heard when he requests it.

Article 184: In addition to the rights and prerogatives granted to him by the other provisions of this law, the State Commissioner:; - directs the State services existing in the province;; - ensures the relations required for coordination between the provincial and central institutions;; - in case of emergency, with due cause, and in the form of a regulation, to take such measures of execution as may be required by any law, ordinance or order of the Province, if two successive reminders addressed to the Speaker of the Assembly or the President of the Provincial Government, as the case may be, have not been answered.

Chapter V. Judicial power

Article 185: Disputes concerning civil rights shall be dealt with exclusively by the courts.; All other disputes shall fall within the jurisdiction of the courts, except for the exceptions established by law.
Article 186

Court hearings are public, unless such publicity is dangerous to order or morals; in that case, the court shall so declare by a judgment.

Article 187: The executive branch may not prevent, stop or suspend the action of the courts and tribunals.; However, the Head of State may, for serious reasons of public safety, and after consulting the Public Prosecutor, suspend the repressive action of the courts and tribunals in a region and for a period of time that he shall determine, and substitute the action of the military courts. The right to a second hearing may not be abolished.; In case of emergency, the State Commissioner has the same power. He may exercise it only after having obtained the opinion of the State Prosecutor or of the officer of the Public Prosecutor's Office delegated by the State Prosecutor.
Article 188: All judgments shall be reasoned; they shall be pronounced in open court.; Rulings and judgments shall be executed in the name of the Head of State.
Article 189: Until such time as a Court of Cassation is legally established, the Court of Cassation of Belgium acts as the Court of Cassation of the Congo.; It hears appeals against:; a) decisions rendered at last instance by the courts of appeal and the courts of first instance of the Congo in civil and commercial matters;; b) rulings of the courts of appeal putting an end to disputes in matters of personal income tax and income tax.; It does not deal with the merits of cases.; The legislation in force concerning appeals against decisions rendered by the Courts of Appeal and the Courts of First Instance of the Congo remains applicable.; However, the appeal is made to a court or tribunal of the Congo.; The Belgian Court of Cassation shall remain seized of appeals lodged against decisions of the courts and tribunals of the Congo before June 30, 1960.
Article 190

A law may determine, within the limits of the jurisdiction of the Court of Cassation of Belgium, appeals against decisions rendered at last instance in other matters by the courts of appeal and by the courts of first instance of the Congo to be heard by the Court of Cassation of Belgium.

Article 191: In the Congo there are courts of appeal, courts of first instance, district courts, police courts and customary courts. Their organization and jurisdiction are regulated by law.; Laws shall regulate the organization of military courts, their powers, the rights and obligations of the members of these courts and the duration of their functions.
Article 192: The status of magistrates is regulated by law.; Judges are irremovable within the framework of their status.; They can only be moved by a new appointment and with their consent; they can only be deprived of their position, nor suspended by a judgment.
Article 193

The career police judges are appointed by the Head of State from a double list of candidates proposed by the Provincial Assembly.

Article 194: The councilors of the courts of appeal, the presidents of the courts of first instance, the judges of the courts of first instance, the presiding judges and the judges of the district courts are appointed by the Head of State from a double list of candidates proposed by the courts of appeal in general assembly.; The courts shall choose from among their number the first president and presidents.
Article 195

The Head of State appoints, suspends and dismisses the magistrates of the Public Prosecutor's Office.

Article 196

The courts and tribunals apply ordinances, edicts, regulations, orders and all regulatory acts only insofar as they are in conformity with the laws and edicts.

Article 197

No judge may accept salaried functions from the central or provincial government, unless he or she exercises them free of charge and except for the cases of incompatibility determined by law.

Chapter VI. Incompatibilities

Article 198

No one may be a member of both Houses at the same time.

Article 199

A member of either House or of a Provincial Assembly who is appointed by the Central Government or by the Provincial Government to any salaried position other than that of Minister, and who accepts such appointment, shall immediately cease to hold office and shall not resume his duties until a new election is held.

Article 200: The following are incompatible:; a) the functions of a member of the central government and those of a member of the provincial government or the provincial assembly;; b) the offices of Senator or Deputy and those of member of the Provincial Government or Provincial Assembly;; c) the functions of member of the provincial government and member of the provincial assembly.
Article 201

The office of State Commissioner is incompatible with any other office, whether public or private, paid or unpaid.

Article 202: The following are incompatible:; - the functions of first burgomaster or burgomaster or member of the communal council or member of the city council on the one hand, and those of member of the central or provincial government on the other;; - the functions of First Mayor or Burgomaster on the one hand, and those of member of the Provincial Assembly on the other.
Article 203: 1. The office of member of the central or provincial government is incompatible with the office of director or commissioner in a company that has a concession from the Congolese government or in which he or she has a stake.; 2. Without prejudice to the provisions of specific laws organizing certain jurisdictional or advisory bodies, career magistrates, public officials and members of the police force, the gendarmerie and the police may not hold any office within the institutions organized by Chapters I, II, III, IV of Title III of this law, other than that of minister, member of the provincial government, or state commissioner. In the latter case, they may not remain in active service.

Title IV. Economic and Social Councils

Article 204

The councils referred to in this Title are the General and Provincial Economic Councils, the Higher Council of Labor, and the Higher Council of Education, as organized by the legislation in force.

Article 205: Without prejudice to the application of Article 63, these councils are, except in cases of emergency, obliged to examine, at the national level, draft laws on matters within their competence that the Government presents to the Houses.; These councils also give their opinion on the draft regulatory acts that the Government submits to them.; A member of these councils may be appointed by them to present to the chambers, with their consent, the opinion of the councils on the draft laws submitted to them.
Article 206: These councils may also be consulted by the Government on any problem concerning matters within their competence.; Any program within their competence and of interest to the whole country is submitted to them for their opinion.
Article 207

At the level of the provinces, the rules set forth in Articles 204, 205 and 206 apply, mutatis mutandis, provided that the economic and social councils are also organized there.

Title V. On the determination of competences between the central and provincial powers

Section I. General provisions

Article 208

Within the framework of the distribution of matters exclusively attributed to the Central Government on the one hand and to the Provincial Government on the other, as set out in this Title, the Parliament legislates for all or part of the Congolese territory; the Provincial Assembly legislates for all or part of the Province.

Article 209: Without prejudice to the application of Article 150, the Chambers and the Provincial Assembly may legislate, each within its own jurisdiction, on any matter not included in the list of those exclusively assigned to them.; The provisions of the edicts that are in contradiction with the law are repealed by operation of law.; Nevertheless, the law may provide that it is not applicable to one or more provinces in which the matter remains regulated by the edicts in force there.
Article 210: The Houses may decide, under the conditions provided for in Article 99, that a matter exclusively attributed to the central government shall be attributed exclusively to the provincial government, or that it shall be left to the concurrent competence of the central government and the provinces.; This law can only take effect after it has been approved by the provincial assemblies, with at least two-thirds of the members present.; When the matter is exclusively assigned to the provincial government, the law shall cease to have effect in the province which has regulated the matter by edict.
Article 211: The provincial assemblies may, by a two-thirds majority of their members, decide that a matter exclusively attributed to the provincial government shall be attributed exclusively to the central government, or left to the concurrent jurisdiction of the central government and the provinces.; This decision can only take effect if all the provincial assemblies so decide and if the chambers give their assent by a law adopted under the conditions provided for in Article 99.; The edicts regulating the matter remain in force until the law has regulated it.
Article 212: The matters set out in article 221 may only be withdrawn from the concurrent jurisdiction of the State or the Provinces in favour of the exclusive jurisdiction of either the State or the Provinces under the conditions set out in articles 210 and 211.; The exercise of concurrent jurisdiction shall be determined in accordance with the rules set forth in section 209.
Article 213: On the proposal of the President of the Provincial Government or of the State Commissioner, the Senate may decide by a two-thirds majority of all its members, and only in case of urgency or necessity, that a matter exclusively attributed to the provincial power be regulated temporarily by law.; When such a decision is taken, the Chambers may legislate on this matter for a period not exceeding one year.; At the end of this period, or as soon as the necessary measures have been taken by law, the matter reverts to the exclusive jurisdiction of the province.
Article 214

The effects of laws made under Article 213 are those provided for in Article 209.

Article 215

When a matter ceases to be regulated by the central government in application of the provisions of article 213, the provisions of the laws promulgated in this matter remain in force in each province concerned until the matter has been regulated by edict.

Article 216: For the time it determines, the provincial assembly may decide, by a majority of two thirds of its members, that a matter exclusively assigned to it shall be regulated by law.; The law promulgated pursuant to the preceding paragraph has effect only for the province concerned.
Article 217

The effects of the laws enacted under Article 216 are, mutatis mutandis, those provided for in Articles 209 and 215.

Article 218: The negotiation of treaties in matters expressly attributed to the provincial government is the exclusive competence of the central government.; The Government consults the provincial governments concerned, except in cases of urgency or if the secrecy of the negotiations prevents this.; The Senate may, by a majority of two thirds of its members, decide that the Houses shall, before taking a decision in accordance with Article 25, consult the Provincial Assemblies.

Section II. Enumeration of exclusive powers

Article 219: Without prejudice to the specific provisions attributing competencies to either the Central Government or the Provincial Government, provided that they do not conflict with this article, the following matters are exclusively attributed to the Central Government; 1. foreign relations and treaties;; 2. the armed forces;; 3. the gendarmerie, subject to the specific provisions which will organize the assistance given by this body to the provincial power;; 4. State security;; 5. legislation on nationality;; 6. immigration and emigration;; 7. criminal law;; 8. the establishment of rules relating to judicial organization and procedure;; 9. the appointment and status of magistrates;; 10. the finances of the State, in accordance with the provisions of the particular law which shall organize the distribution of the respective financial domains of the State and the Provinces;; 11. currency;; 12. foreign exchange policy;; 13. the weights and measures service;; 14. customs;; 15. university and higher education;; 16. the establishment of rules organizing the equivalence of diplomas of primary, middle, technical and normal education;; 17. the establishment of rules to ensure the quality of the teaching staff;; 18. the aggregation of provincial inspectors in charge of the pedagogical control of primary, middle, technical and normal education;; 19. Legislation on the art of healing;; 20. Scientific policy;; 21. the general policy of the economy;; 22. the Commercial Code;; 23. the general rules relating to land tenure;; 24. the general rules relating to the granting of agricultural and forestry concessions on the State domain;; 25. the general rules relating to the exploration and exploitation of the subsoil; 26. the general rules relating to the granting of mining concessions decided by the provinces;; 27. the coordination of energy sources of national interest, including hydroelectric equipment and resources;; 28. Geology, geodesy, cartography and hydrography services;; 29. maritime and fluvial routes, including ports and buoyage;; 30. airways, including airports and air protection;; 31. railroads of national interest;; 32. roads of national interest;; 33. the general organization of the postal service, including the issue of postage stamps;; 34. telecommunications and broadcasting;; 35. public works of national interest;; 36. the control of local institutions insofar as they are responsible for carrying out tasks of general interest conferred on them directly by the central government and on its behalf, particularly in matters of civil status.
Article 220: Without prejudice to the specific provisions attributing competences either to the Central Government or to the Provincial Government, provided that they do not conflict with this Article, the matters listed below are exclusively attributed to the Provincial Government:; 1. the organization of the political structures of the province within the framework of the general principles laid down in this Basic Law;; 2. the provincial police;; 3. the judicial police attached to the public prosecutor's offices under the jurisdiction of the province; 4. proposals for the appointment of magistrates to the lower echelons of the judicial organization, under the conditions established in Title III, Chapter V;; 5. proposals for the designation of administrative entities corresponding to the present territories, with the exception of cities, in which police courts shall be presided over by a career judge;; 6. the finances of the province, in accordance with the provisions of the particular law that will organize the distribution of the respective financial domains of the State and the provinces;; 7. primary, secondary, technical and normal education;; 8. the appointment of provincial inspectors responsible for the pedagogical control of primary, middle, technical and normal education, subject to the application of article 219, no. 18 ;; 9. the granting and supervision of agricultural or forestry concessions on the provincial domain;; 10. the granting of mining concessions, within the framework of the general rules referred to in article 219, n° 26;; 11. the exploitation of water power sources to meet the needs of the province;; 12. railroads of provincial or local interest;; 13. roads of provincial or local interest;; 14. public works of provincial interest;; 15. the control of local institutions, without prejudice to the application of article 219, no. 36;; 16. the determination of penalties for the execution of edicts.
Article 221: Without prejudice to the specific provisions attributing competences to both the central and provincial powers, the matters listed below are expressly under the jurisdiction of both powers:; 1. social legislation and social security regulations; 2. the setting of minimum wages.
Article 222

The list of matters set out in Articles 219, 220 and 221 may be supplemented by law under the conditions laid down in Article 99 and with the agreement of the majority of the provincial assemblies.

Section III. Special measures

Article 223: Until such time as the law organizes the land regime, the cessions and concessions of land, forests, mines, water and railroads are granted, within the framework of the existing legislation, by the provincial assembly for all that falls within the competence of the legislative power and by the provincial government for all that falls within the competence of the executive power.; However, concessions of hydroelectric resources with national potential are granted by law.
Article 224

The legislation on the exploitation of the subsoil referred to in Article 219, no. 25, shall organize direct and equitable participation by the provinces where the exploitation is located, in the royalties collected.

Article 225

The legislation relating to the granting of mining concessions shall organize the fair and prior compensation of the persons or communities that own the soil.

Title VI. The Constitutional Court

Article 226

The Constitutional Court is composed of a Constitutional Chamber, a Chamber of Conflicts and an Administrative Chamber.

Article 227

The Constitutional Court shall exercise the powers conferred upon it by this law.

Article 228

The decisions and rulings of the Constitutional Court are not subject to appeal.

Article 229

The procedure and organization of this Court shall be regulated by law.

Section I. The Constitutionality Chamber

Article 230.: 1. The Chamber of Constitutionality shall issue reasoned opinions or rulings on the conformity of central or provincial legislative measures with the provisions of this Act and of the Basic Law on Civil Liberties.; This provision does not apply to budgetary laws and decrees.; 2. The Prime Minister, the Speaker of the House or the President of the Senate may request opinions on bills and proposals.; The President of the Provincial Government, the State Commissioner or the Speaker of the Provincial Assembly may request opinions on draft provincial constitutions and on draft and proposed edicts.; 3. The Constitutional Chamber may be called upon to give be called upon to give this opinion at any time of the procedure, until the vote on the whole of the law, the provincial constitution or the edict.; 4. The Chamber of Constitutionality must issue reasoned opinions on bills before they are promulgated and, except in the case of a duly established special emergency, on ordinance laws before they are signed by the Head of State.
Article 231: 1. The Chamber of Constitutionality must rule on each provincial constitution as soon as it has been adopted by the Assembly. A provincial constitution or the provisions thereof that are declared to be inconsistent may not be promulgated.; 2. The President of a provincial government or the Speaker of an assembly may request the Constitutionality Chamber to rule on any law or ordinance-law.; Any law or ordinance-law declared to be inconsistent shall be repealed by operation of law.; 3. The Chamber of Constitutionality may rule on edicts.; It can also verify whether they are not contrary to the provincial constitutions as well as to the laws, ordinance-laws, regulations and ordinances in matters falling within the competence of both the central and the provincial authorities and without prejudice to the application of Article 232.; It is seized by the president of the provincial government or by the State Commissioner.; It may decide to suspend the execution of the edict referred to it, for a maximum period of three months.; Any edict that is declared to be non-compliant or contrary is automatically repealed.; The matter may be referred to the Chamber of Constitutionality before the edict is promulgated. In this case, if the edict is declared to be non-compliant or contrary, it may not be promulgated.; 4. The Chamber of Constitutionality, when called upon to rule, examines ex officio whether the act before it is in conformity with or not contrary to the Constitution, laws, regulations or ordinances, as the case may be.

Section II. The Chamber of Conflicts

Article 232: The Chamber of Conflicts is responsible for deciding conflicts of jurisdiction arising between the central and provincial authorities.; It decides in particular on disputes arising from the application of Articles 209, 210, paragraph 3, 211, paragraph 3, 212, 214, 215 and 217.; It also hears conflicts of jurisdiction relating to acts of the executive power.
Article 233: For the application of article 232, the Chamber of Conflicts is seized by:; - the Head of State;; - the Presidents of the Chambers;; - the Prime Minister;; - the presidents of the provincial assemblies;; - the presidents of the provincial governments;; - the State Commissioners.
Article 234

The matter may only be referred to the Chamber of Conflicts if the parties concerned have not been able to settle the dispute between them.

Article 235

Legislative or regulatory provisions that the Chamber of Conflicts declares to be in conflict with the provisions of Title V relating to the determination of competences between the central and provincial powers, cannot take effect.

Section III. The Chamber of Administration

Article 236: 1. The Administrative Chamber of the Constitutional Court shall hear, in cases where there is no other competent court, claims for compensation for exceptional damage resulting from a measure taken or ordered by the State, the province or the local authority, whether the execution of the measure was normal, defective or delayed. The Chamber of Administration shall decide in equity by means of a reasoned opinion, taking into account all the circumstances of public and private interest.; 2. The Chamber of Administration rules by means of a ruling on appeals for annulment for violation of the formalities, either substantial or prescribed on pain of nullity, excess or misuse of power, lodged against the acts and regulations of the various administrative authorities or against contentious administrative decisions.

Title VII. Finance

Article 237: The franc is the monetary unit of the Congo. Its weight in gold is fixed by law.; On this basis, the Head of State has the right to mint metallic gold coins of which he determines the type, diameter, imprints and all other characteristics.; He may likewise mint divisional and auxiliary coins, of which he shall determine all the characteristics.
Article 238: No tax for the benefit of the State can be established except by law.; No provincial tax can be established except by an edict.
Article 239: Taxes for the benefit of the State and the provinces are voted on annually.; The laws and edicts that establish them have force only for one year, if they are not renewed.
Article 240: No privilege can be established in matters of taxes.; No exemption or moderation of taxes can be established except by law or edict. In urgent cases, the Head of State or the President of the Provincial Government may grant temporary exemptions or moderations of taxes, subject to the filing, within three months, of a bill or edict of approval.
Article 241: The revenue and expenditure budget of the State is determined each year by a law. This law determines the share of the revenues collected by the State that will be allocated to each province.; If the Houses cannot pass the budget before the beginning of the fiscal year, the law makes the necessary provisional appropriations to the Government.; The State may not borrow, guarantee the capital or interest of a loan, or carry out works from extraordinary resources unless authorized by law.; Within the limit of the authorized loan, and if the service of the Treasury so requires, the Head of State may create or renew interest-bearing Treasury bonds payable at a maturity not exceeding five years.
Article 242

The Head of State shall order the transfers and, in case of urgent needs, the necessary additional expenditures. The competent Minister shall immediately forward a copy of the order to the Court of Auditors referred to in Article 243, and shall table a bill of approval within four months.

Article 243: The State budget account is established by law.; A Court of Accounts is established, the organization of which shall be regulated by law.; This Court is responsible for examining and settling the accounts of the administration and of all accountants to the Treasury. It shall examine whether any item of expenditure in the budget has been exceeded and whether transfers and additional expenditure have been approved by law. It approves the accounts of the various State administrations and is responsible for collecting, for this purpose from the competent ministers, all necessary information and accounting documents.; The general account of the State shall be communicated to the chambers with the Court's observations.
Article 244

The Houses determine the annual amount of the civil list due to the Head of State, until the Constitution comes into force.

Article 245

The fiscal year shall begin on January 1 and end on March 31 of the following year.

Article 246

Subject to Articles 156 and 157, the provisions of Articles 241, 242 and 243 concerning the budgets, loans and accounts of the State are applicable to the budgets, loans and accounts of the Provinces, provided that, in this case, the powers conferred on the Head of State and on the Chambers are exercised by the President of the Provincial Government and the Provincial Assembly respectively.

Title VIII. General Provisions

Section I. State Agents

Article 247

The employees of the State, the provinces or other public entities are governed by a statute from which there can be no derogation by means of individual measures.

Article 248: These statutes deal, in particular, with the duties of civil servants, their careers, the system of incompatibilities, leaves of absence, and the modes of interruption and termination of their functions.; It lays down the principles of remuneration and promotion.
Article 249

All civil servants or agents of public administrations have the right to a pension under the conditions fixed by legislative provisions and in case of termination of service.

Article 250: Belgian civil servants and agents, Belgian officers and non-commissioned officers of the police force, and career magistrates in service in the Congo on June 30, 1960, are placed at the disposal of the Government.; The rules of the statute which will be applicable to these agents and the respect of which is guaranteed, the modalities of their being placed at the disposal of the Government as well as the guarantees enjoyed by these agents during the exercise of the functions which will be entrusted to them, will be determined by means of a convention between the Congo and Belgium.

Section II. The armed forces

Article 251: The contingent of the armed forces shall be determined annually.; The law that determines it shall have force only for one year, unless it is renewed.

Section III. Publication of Official Acts

Article 252

No legislative or regulatory act shall be binding until it has been published in the form prescribed by law.

Section IV. Transitional provisions

Article 253

Until such time as the Constitutional Court is legally organized in accordance with Articles 229, 230, 232 and 236, the Council of State of Belgium exercises, according to the procedure it determines, the powers of the Constitutional Court as they result from Articles 229 to 235.

Article 254: Until the Court of Audit is legally organized in accordance with Article 243, and in any case for the financial year 1960, the Court of Audit of Belgium is responsible for the following operations:; - it examines whether any item of expenditure in the budget has been exceeded and whether transfers and supplementary expenditure have been approved by law;; - it closes the accounts of the different State administrations and collects for this purpose from the competent ministers all necessary information and accounting documents;; - it makes its observations on the general account of the State, which is communicated to the chambers.
Article 255

Unless otherwise provided, the electoral law of March 23, 1960, governs any legislative or provincial election prior to the coming into force of the Constitution.

Article 256: 1. In the event that the Central Government has not been constituted by June 30, 1960, and until the day it is constituted, the current affairs of the State are dealt with by a college composed of the President and the members of the General Executive College on the one hand, and of six Senators on the other.; These senators shall be appointed by the senators representing each province.; The appointment of these senators shall be made in accordance with the procedure laid down in Article 89.; 2. In the event that the Provincial Government has not been constituted by June 30, 1960, and until the day of its constitution, the day-to-day business of the Province shall be dealt with by a college composed of the President and the members of the Provincial Executive on the one hand and of three Provincial Councillors on the other.; These provincial councillors are appointed by the provincial assembly.; The appointment is made in a plenary session with one round of voting. These councillors are elected in the order of the votes obtained.; 3. These colleges are presided over respectively by the president of the general executive college and by the president of the provincial executive college.

Section V. Final provisions

Article 257

With the exception of the provisions of this section, which come into force on the day of publication of this law, the King shall determine the date of entry into force of the other provisions of this law.

Article 258

As and when the provisions of this law come into force, the existing legal and regulatory provisions that are contrary to them, identical or similar, are repealed.

Article 259: The following are repealed as of June 30, 1960:; - the law of 18 October 1908, as amended to date, on the Government of the Belgian Congo insofar as it applies to Congo Leopoldville;; - the law of 21 March 1959 establishing the Council of Legislation of the Belgian Congo.

Given in Brussels, on 19 May 1960.

BAUDOIN.

For the King:

The Minister of the Belgian Congo and Ruanda-Urundi,

DE SCHRYVER.

Seen and sealed with the seal of the State:

The Minister of Justice,

MERCHIERS.

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Translation:Fundamental Law of the Republic of the Congo (1960)

Contents

Title One. Preliminary provisions

Title II. Formation of the State

Title III. Powers

Chapter One. The Head of State

Chapter II. Executive power

Section I. The Government

Section II. Relations between the Government and the Parliament

Section III. Special provisions

Chapter III. Legislative power

Section I. Generalities

Section II. The House of Representatives.

Section III. The Senate

Section IV. The drafting of the Constitution

Chapter IV. Provincial institutions

Section I. The provincial legislature

Subsection I. The constitution of the Assembly and its functioning

Subsection II. Attributions

Section II. The provincial government

Section III. The State Commissioner

Chapter V. Judicial power

Chapter VI. Incompatibilities

Title IV. Economic and Social Councils

Title V. On the determination of competences between the central and provincial powers

Section I. General provisions

Section II. Enumeration of exclusive powers

Section III. Special measures

Title VI. The Constitutional Court

Section I. The Constitutionality Chamber

Section II. The Chamber of Conflicts

Section III. The Chamber of Administration

Title VII. Finance

Title VIII. General Provisions

Section I. State Agents

Section II. The armed forces

Section III. Publication of Official Acts

Section IV. Transitional provisions

Section V. Final provisions

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Translation:Fundamental Law of the Republic of the Congo (1960)

Title One. Preliminary provisions

Title II. Formation of the State

Title III. Powers

Chapter One. The Head of State

Chapter II. Executive power

Section I. The Government

Section II. Relations between the Government and the Parliament

Section III. Special provisions

Chapter III. Legislative power

Section I. Generalities

Section II. The House of Representatives.

Section III. The Senate

Section IV. The drafting of the Constitution

Chapter IV. Provincial institutions

Section I. The provincial legislature

Subsection I. The constitution of the Assembly and its functioning

Subsection II. Attributions

Section II. The provincial government

Section III. The State Commissioner

Chapter V. Judicial power

Chapter VI. Incompatibilities

Title IV. Economic and Social Councils

Title V. On the determination of competences between the central and provincial powers

Section I. General provisions

Section II. Enumeration of exclusive powers

Section III. Special measures

Title VI. The Constitutional Court

Section I. The Constitutionality Chamber

Section II. The Chamber of Conflicts

Section III. The Chamber of Administration

Title VII. Finance

Title VIII. General Provisions

Section I. State Agents

Section II. The armed forces

Section III. Publication of Official Acts

Section IV. Transitional provisions

Section V. Final provisions

Navigation menu

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