DR Congo Removes Former President’s Immunity To Face Treason Charges

The Senate of the Democratic Republic of Congo has voted to remove the immunity of former President Joseph Kabila, clearing the path for his prosecution over alleged support for rebel groups in the eastern region.

Officials have charged Kabila with treason and war crimes, claiming there is a “substantial body of documents, testimony and material facts” connecting him to the M23 armed group, which has seized control of multiple towns in the mineral-rich eastern part of the country.

Kabila, aged 53, has not responded to the allegations but has previously denied any ties to the insurgents.

On Thursday, nearly 90 senators voted in favor of prosecuting Kabila for treason, with five opposing the motion.

Senate Speaker Jean-Michel Sama Lukonde announced the decision, stating, “The senate authorises the prosecution and lifting of Joseph Kabila’s immunity,” following the vote.

The former president, who governed from 2001 to 2019, did not attend the senate session to defend himself.

After leaving office, Kabila was granted the title of “senator for life,” which had previously provided him with legal immunity.

To proceed with the charges against former President Joseph Kabila, the military prosecutor of the Democratic Republic of Congo requested the Senate to revoke his legal immunity.

For the past two years, Kabila has been residing in South Africa. Early last month, he announced his intention to return to the DRC to contribute to resolving the ongoing conflict in the eastern region.

Weeks later, reports surfaced claiming Kabila had returned and was in Goma, a city under M23 control, though his political party, the People’s Party for Reconstruction and Democracy (PPRD), refuted these claims.

Last month, the government banned the PPRD, citing its “ambiguous attitude” toward the M23’s occupation of Congolese territory.

Justice Minister Mutamba ordered the seizure of Kabila’s assets, stating that the former president should return to the country and “face justice… and present his defence.”

Analysts warn that prosecuting Kabila could exacerbate instability in the DRC, which has been grappling with the M23 rebellion since 2012.

Kabila’s party dismissed the prosecution as “pure theatre” aimed at diverting attention from the country’s pressing challenges, according to AFP news agency.

Kabila, a former military officer, assumed leadership of the DRC in 2001 at age 29, following the assassination of his father, President Laurent Kabila.

Although Kabila initially supported President Tshisekedi’s rise to power, their relationship deteriorated, and their parties’ coalition formally dissolved in December 2020.

Kabila has maintained significant influence through the PPRD and connections within the ruling coalition, potentially challenging Tshisekedi’s presidency.

In 2023, Kabila left the DRC, officially to pursue studies in South Africa.

The conflict between the M23 rebels and the Congolese army, alongside allied militias, persists in the east as the rebels seek to expand their control.

The DRC and Rwanda, which denies supporting the M23, may be nearing a peace agreement to end the conflict, which has displaced hundreds of thousands of civilians in recent months.

Last month, the two nations signed a preliminary peace deal in Washington, agreeing on a roadmap to peace.

In 2024, a military court sentenced three M23 leaders—Corneille Nangaa, Sultani Makenga, and Bertrand Bisimwa—to death in absentia for treason.

In March, the government offered a $5m (£4m) reward for information leading to the arrest of these rebel leaders.