The legality of the appointment of a Provincial Governor in the DRC :
Case of Central Kongo
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Both the administration and the organs of the State are subject to the principles of legality. Any illegality or arbitrariness on the part of the State or the administration must be sanctioned by the judge. Since 2006, the Province has become a regionalized political entity with elected political institutions. It maintains a certain number of relations with the central power in the framework of collaboration. This allows the central government to exercise a supervisory control over the province. However, this is only done on the basis of pre-established texts because in law, the competences ar...
Both the administration and the organs of the State are subject to the principles of legality. Any illegality or arbitrariness on the part of the State or the administration must be sanctioned by the judge. Since 2006, the Province has become a regionalized political entity with elected political institutions. It maintains a certain number of relations with the central power in the framework of collaboration. This allows the central government to exercise a supervisory control over the province. However, this is only done on the basis of pre-established texts because in law, the competences are of attribution. Thus, any decision taken outside the texts constitutes a breach of the principle of legality. While the Governor of the Province is elected by the Provincial Assembly, we are witnessing a return to the abusive practice of centralization, of which the Province of Central Kongo is a victim, which consists in appointing the Governor of the Province despite the fact that legally no one has this competence, not even on an interim basis. This illegal practice is one of the evils that hinder development from the bottom up because the Centre exerts pressure for its own purposes but to the detriment of the Province.
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