The President of the DRC is continuously being blamed for the deficient performance of the Government. To better understand the role and powers of the President in the DRC, I reviewed the Constitution and found that the President has in fact limited authority in governing the country. Public expectations of the President’s ability to enact change are often based on misconceptions on what should be expected of him/her. Criticizing the President for actions taken or not taken often overlooks the actual distribution of powers and responsibilities under DRC law, the Constitution.

Key Constitutional Points:

1. Government Authority (Article 91):

The Constitution explicitly states that the Government, not the President, defines and implements national policy and is accountable to the National Assembly. While the President is consulted, ultimate authority resides with the Government.

2. Composition of the Government (Article 90):

The Government comprises the Prime Minister, Ministers, and Deputy Ministers. The Prime Minister serves as the Head of Government, meaning the day-to-day administration of the country falls under the Prime Minister, not the President.

3. Appointment of the Prime Minister (Article 78):

The President appoints the Prime Minister from the majority in the National Assembly. This process is not at the President’s discretion but requires consultation with the parliamentary majority, ensuring alignment with the legislature. Members of the National Assembly, like the President, are directly elected by the people, giving the Prime Minister a mandate from the electorate. Notably, the President cannot dismiss the Prime Minister or even the Ministers.

4. Implications of a Divided Majority:

If the National Assembly majority opposes the President’s agenda, it becomes challenging for the President to implement policies. This was evident during the first government under Félix Tshisekedi, where Joseph Kabila retained significant influence in the National Assembly. Even when the President and the majority align, the Prime Minister, as Head of Government, holds primary responsibility for policy implementation and accountability to the National Assembly.

Context and Misunderstandings:

Historically, many still associate presidential powers with those exercised during Mobutu’s era when the President had extensive authority. Today, there is a significant gap between constitutional provisions and public perceptions of the President’s role. This disconnect often leads to misplaced blame on the President for issues beyond his authority. Meanwhile, Félix Tshisekedi appears to use this misunderstanding to extend his influence beyond what the Constitution permits, potentially justifying efforts to amend the Constitution to align with popular perceptions of presidential power.

Understanding these constitutional realities is essential to accurately assess governance in the DRC and address the confusion surrounding the President’s role in national affairs. This confusion may also be a signal that the Constitution is not aligned with what the People want or expect. So, what is to be done next, get the People aligned or get the Constitution aligned ?