President Tshisekedi names top judge of crucial DR Congo court

Congolese President Felix Tshisekedi has named a veteran lawyer and judge to head the country’s apex court, signaling a further intent to ring-fence his administration further.

Elected member of the Constitutional Court since July 17, 2020 by President Tshisekedi, Justice Dieudonné Kaluba Dibwa will become the first president of this high judicial institution in the DRC under the current administration.

He was elected by his peers to the constitutional court on April 20 and replaces Benoît Lwamba, who resigned a few months ago as the country’s ruling coalition established in 2019 neared its end.

Professor Dibwa first became prominent during the trial of Vital Kamerhe, President Tshisekedi's former chief of staff, who was sentenced to 20 years of forced labour last May. He appealed the sentence.

Powerful court

Prof Dibwa did not hold back his blows against Kamerhe. His election is seen as a successful coup by Tshisekedi's regime in view of the upcoming elections.

The constitutional court is the highest court in DR Congo. It rules on electoral disputes and its judgments, which are immediately enforceable, are not subject to appeals.

The constitutional court has the prerogative to validate all the laws of the country before their implementation. It is therefore a very powerful court which is now totally favorable to Mr Tshisekedi.

The law provides that the president of the constitutional court is elected for a three-year term, renewable once.

Prof Dibwa's naming as the top judge of the crucial court comes as the country embarks on electoral and institutional reforms.

Dibwa's profile

So who is Prof Dibwa?

He was born February 4, 1966 in Mbuji-Mayi, the capital of Kasai-Oriental province, and from the same province as Mr Tshisekedi.

He holds a Phd in Public Law from the Faculty of Law of the University of Kinshasa (Unikin) and is a lawyer at the Court of Appeal of Kinshasa/Gombe. He also acts as counsel before the International Criminal Court (ICC).

In his capacity as a professor, the new president of the Constitutional Court of DRC has authored several publications (books and scientific articles) in the fields of public and private law.

When he was 54 years old, he joined the Constitutional Court on July 17, 2020, named alongside two other magistrates by President Tshisekedi, a move which marked the start of the break-up between Joseph Kabila and the President.