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DR Congo strips ex-leader of immunity over treason charges

3 min read

Joseph Kabila loses immunity as DR Congo prepares to prosecute him for alleged ties to M23 rebels.


In a historic move, the Democratic Republic of Congo’s Senate has officially revoked the legal immunity of former President Joseph Kabila, paving the way for his potential prosecution on treason and war crimes charges. This decision marks a dramatic shift in Congolese politics, targeting a leader who governed the vast central African country from 2001 to 2019.

Authorities allege that Kabila, now 53, played a critical role in supporting the M23 rebel group, which has seized control of several strategic towns in the mineral-rich eastern region of DR Congo. Government officials say they are in possession of “a substantial body of documents, testimony, and material facts” that implicate Kabila in collaborating with the M23 insurgents, whose resurgence has destabilized the region once again.

On Thursday, nearly 90 senators voted in favor of lifting his immunity, with only five opposing the measure. The senate’s speaker, Jean-Michel Sama Lukonde, declared, “The Senate authorises the prosecution and lifting of Joseph Kabila’s immunity,” following the decisive vote.

Kabila, who was granted the title “senator for life” after stepping down in 2019, was automatically entitled to legal immunity, shielding him from prosecution. However, the country’s military prosecutor requested that this privilege be lifted to enable legal proceedings related to treason and war crimes.

Despite the gravity of the allegations, Kabila has remained silent on the recent accusations. Historically, he has denied any involvement with rebel groups. He did not appear before the Senate to address the charges, nor has he issued a formal response since the immunity was lifted.

Kabila has been residing in South Africa for the past two years. However, last month he stated his intention to return to DR Congo to help resolve the escalating conflict in the east. Shortly after, unconfirmed reports suggested that he had returned and was in Goma, a city currently under M23 control. These claims were promptly denied by his political party, the People’s Party for Reconstruction and Democracy (PPRD).

Tensions escalated further when authorities banned the PPRD last month, accusing the party of having an “ambiguous attitude” toward the M23 occupation. Justice Minister Rose Mutamba ordered the seizure of Kabila’s assets, demanding that the former leader return to the country to “face justice… and present his defence.”

The allegations against Kabila have sparked both domestic and international attention. Analysts warn that putting the former president on trial could plunge the already fragile nation into deeper political and social unrest. The M23 rebellion, which initially began in 2012, has continued to destabilize the eastern part of the country, displacing tens of thousands of civilians and drawing in regional tensions.

Kabila’s party has dismissed the charges as politically motivated. According to the AFP news agency, the PPRD labeled the legal actions “pure theatre” and accused the government of trying to divert public attention from the nation’s real challenges, including economic struggles, corruption, and ongoing insecurity.

The lifting of Kabila’s immunity comes at a crucial time for the DR Congo, as the government attempts to strengthen its hold over the volatile eastern provinces while navigating complex alliances and hostilities in the region. Many observers see this development as both a significant test for Congo’s judiciary and a high-stakes moment for President Félix Tshisekedi’s administration, which has pledged to root out impunity and strengthen the rule of law.

As the country braces for the legal and political fallout, all eyes are on whether Joseph Kabila will return to DR Congo and confront the charges in court, or remain abroad and contest the accusations from afar.

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