The judiciary of the Democratic Republic of Congo (DRC) was urged on Thursday to promote the use of prior administrative appeals as a primary tool for creating a more humane and accessible justice system.
This call was made at the start of the 2025-2026 judicial year in Kinshasa, attended by the Head of State. Brigitte Nsensele, the First President of the Council of State, called on judges, lawyers, and legal professionals to champion the mechanism of prior administrative appeals. This process allows for the resolution of disputes between citizens and the administration before any formal legal action is necessary.
Nsensele emphasized that the appeal is not merely a procedural formality but a crucial tool for dialogue, fairness, and accountability between the government and its citizens. She stressed its legal, mandatory, and personal nature, noting that it serves a central role in Congolese administrative litigation by allowing the administration to correct its own errors without clogging the courts.
She called for the conditions of application for these appeals to be clarified and for greater public awareness to establish it as a genuine instrument of justice.
In parallel with this judicial call, the First President requested that the Government urgently finalize the establishment of local administrative courts and relocate the current headquarters of the Council of State, which is reportedly in danger of collapse.
Echoing concerns about court overload, Jean-Paul Mukolo, the Attorney General at the Council of State, denounced the excessive use of summary proceedings. He noted that this practice overburdens administrative courts and disrupts the efficient handling of genuinely urgent cases. He warned against the misuse of these swift procedures, which are sometimes exploited to obtain provisional measures that effectively become permanent rulings.
Meanwhile, the National Bar President, Michel Shebele, advocated for free access to administrative justice in cases of administrative misconduct. He argued that this would significantly ease access to the courts for impoverished litigants. Shebele also reiterated the legal requirement for prior compensation in cases of expropriation and called on the provinces to educate the public on respecting public property.
Legal professionals consistently stress the need to improve practices to reduce the burden on courts, ensuring administrative justice in the DRC is both faster and fairer.
DM/ac/fss/abj/APA