DR Congo elections: The Constitutional Court begins review of Martin Fayulu appeal this Tuesday.

The Constitutional Court of the Democratic Republic of Congo (DRC) is set to begin to consider and review this Tuesday the appeal contesting the results of the presidential election of 30 December 2018,  introduced by the runner-up Martin Fayulu, who hopes to restore “the truth of the votes” the AFP reports.

Martin Fayulu wipes his face before speaking in Kinshasa.

The hearings should be public and radio-television. “What we expect from the Constitutional Court is the
the truth of the polls, “Albert Fabrice Puela, one of the lawyers of Mr. Fayulu, told AFP.

Taking into account the “serious doubts” concerning the provisional results, the Community of Southern Africa Development (SADC) suggested on Sunday a vote recount that “would allow reassuring both the winners and the losers”.

The Belgian Minister of Foreign Affairs, Didier Reynders, approved the idea. “Of course transparency is always the first step, and then wonder if, from what will have been published, we must start again a procedure of counting “, he told Belgium media RTBF.

“If this recount is a decision of the Constitutional Court, the UDPS (Union for the democracy and social progress) will accept it. But we do not want that this recount of votes to be imposed by foreign states”, Vidiye Tshimanga, a spokesperson for Felix Tshisekedi, said.

According to the Congolese electoral law, recounting votes is “within the power of the judge” and constitutes an “extraordinary measure of inquiry to which the judge may use after running out of all other usual checks “.

For Sylvain-Patrick Lumu Mbaya, an expert in constitutional law, a vote recount is a real option. “The Court may have doubts, and from there it can take exceptional measures, including this recount of votes”, he told AFP.

The highest court in the country, the Constitutional Court is composed of nine members and is
responsible for deciding electoral disputes.

It has eight days to make its decision from the filing day of the complaint on Friday for the appeal of Mr. Fayulu.

The Fayulu camp does not have any illusions about its impartiality but still believes that the Constitutional Court will be able to emancipate itself.

Matthieu Kalele Ka-Bila, one of the deputies of Fayulu, pointed out that in this court, the people who compose it can put things right. “The Court we have here, despite the injunctions, with the pressure of the population, with the pressure of the consciousness of its members can clear themselves and tell the truth“, he said.

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