The President of the Republic, the judges of the Court of Cassation and the public prosecutors attached to that Court
Kinshasa, October 15, 2025 (CPA).- the Parliament of the Democratic Republic of Congo has been asked, on Wednesday, by the President of the Court of Cassation to review the legislation on the bar, during the opening of the judicial year at the People's Palace, in the presence of the Head of State. " For my part, I would like to see the Senate and the National Assembly review all draft and proposed legislation on the Bar, particularly on this issue, which continues to be the subject of debate; the issue of the monopoly of representation granted to lawyers of the Bar at the former Supreme Court of Justice, " has declared Elie-Leon Ndomba, First President of the Court of Cassation, in his speech. Speaking about the 'role of a lawyer in building the rule of law', he has called on this partner of the justice system, who is in a liberal profession, to contribute to strengthening the rule of law through the quality of their work. 'It is a virtue not to compromise the values without which the practice of law loses its soul. Among these are quality and good morals, which are the two pillars that support the legal profession, especially when practising before the Court of Cassation,' has added First President Ndomba. He has also indicated that this revision is above all a necessity to resolve the issue of the monopoly of representation granted to lawyers of the Supreme Court Bar, which is at the centre of controversy regarding its impact on the performance of the Court of Cassation. 'The problem raised by this legal monopoly is at the centre of controversy regarding its impact on both the quality of justice and access to justice,' has explained the First President of the Court of Cassation, adding that the implementation of this monopoly has given rise to two divergent trends: those who support it and those who advocate for its relaxation. The review by Parliament is also a necessity, he has added, with a view to reconcile the quality of justice and access to justice, especially for economically disadvantaged litigants.
Need to crack down on the corrupt lawyers
In addition, the First President of the Court of Cassation has reminded the decisive role of lawyers in the administration of justice, highlighting their various qualities derived from the law, ethics and professional conduct, as well as their contribution to the quality of justice as the foundation of the rule of law. Mr Elie-Leon Ndomba has nevertheless singled out a number of anti-values that are causing this profession to lose its nobility, mainly corruption in all its forms. This scourge, he has said, has given rise to the existence of an entire mafia network involved in practices such as the plundering of state properties. 'There are corrupt lawyers, i.e. those who seek to bribe judges or manipulate them to obtain favourable decisions, and, on the other hand, there are lawyers who devise strategies to make false accusations of corruption or fictitious corruption,' has explained the First President of the Court of Cassation. To eradicate this scourge, First President Ndomba has recommended 'to establish a transparent process so that the management of state interests is entrusted only to law firms characterised by both rigorous ethics and proven competence, as well as the separation of lawyers from ordinary bar associations for cases of corruption and misconduct'. He has welcomed the government's commitment, under the leadership of President Felix Tshisekedi, to fight corruption, with the support of the leaders of the judicial authorities.
The national community alert to the seriousness of illicit enrichment
The magistrates of the Court of Cassation and the public prosecutor's office attached to that court. Furthermore, in his statement, Firmin Nvonde, Attorney General at the Court of Cassation, has alerted the national community to the seriousness of the situation created by illicit enrichment and the need for an adequate and timely legal response. He has indicated that in DRC, the illicit enrichment is denounced daily by public opinion and mainly takes the form of the acquisition and the frenzied construction of buildings and the display of the latest material objects. 'The illicit enrichment is defined as a substantial increase in the wealth of a public official that cannot be justified by their income. In its most basic form, the act of illicit enrichment can be defined as having wealth that cannot be justified by legitimate income,' he has explained. Among the legitimate sources, has said Firmin Nvonde, are salaries, profits from regular economic activities, pension payments, and legally established inheritances made in accordance with tax rules and transparency requirements. He has finally proposed that the legislature make illicit enrichment a separate offence, specialise magistrates in this area, provide the widest possible protection for whistle-blowers, and draft a law on the suppression of illicit enrichment. In addition, Prosecutor Firmin Nvonde has proposed the additional penalties to be applied, namely the criminal conviction, the dismissal, and the establishment of financial prosecutors' offices with specialised magistrates who will have the knowledge to investigate and bring to justice the elements constituting the offence of illicit enrichment.
Replacing legal action against individuals with legal action against the State
To this end, Michel Shebele, President of the National Bar Association, has reflected in his speech on the abolition of legal action against individuals by the legislature, in order to engage the sole and exclusive responsibility of the State, which recruits magistrates. He has reminded that legal action is essentially a claim for damages to compensate for harm caused to litigants by magistrates. Michel Shebele has questioned the continued existence of two mechanisms for sanctioning magistrates, namely disciplinary proceedings and legal action, for a number of reasons. In his conclusion, the national president of the Bar Association has argued that the only system best suited to magistrates is the disciplinary system, since any breach by a magistrate of the duty of honour or dignity of their office constitutes a disciplinary offence. He has even added that, since the High Council of the Judiciary is the disciplinary authority for magistrates, disciplinary power is exercised by the national and provincial disciplinary chambers.