The Congolese legal system - Le système judiciaire Congolais - Sunulex Africa

The Congolese legal system 

Civil law or Common law

The Democratic Republic of Congo is a civil law country.

Historical background

Traditional law was the main legal system during pre – colonial period.  The Belgian state annexed Congo in 1908 and imposed civil law as the main legal system. Congo gained its independence in 1960 and maintained the civil system as its main legal system.

Traditional law or Civil law

Both Traditional law and civil law apply. Traditional law is mostly used by traditional leaders during mediation and settlement of traditional disputes in traditional communities.

Judiciary system

The Supreme Court is the highest Court. It is divided into three sections which include administrative, legislative and judiciary section. The second highest court is the State Security Court which has jurisdiction to determine matters related to the security of the state. The third highest is the Court of Appeal which has appellate jurisdiction to hear appeals. It is followed by the Tribunal de Grande Instance, which has jurisdiction over public prosecution. Lastly there is the Magistrate Court, which has power to conduct investigations.

There also exists Military courts.

Membership to other economic zones.

The Democratic Republic of Congo is a member of  :

   – The Organisation for the Harmonisation of Business Law in Africa (OHADA)

  – The African Union, (A.U.)

  – The Economic Community of Central African States (ECCAS)

  – The Economic and Monetary Community of Central Africa (CEMAC)

  – The African Intellectual Property Organization (OAPI)

   – The Inter-African Conference on Social Security (CIPRES)

  – The Common Market for Eastern and Southern Africa (COMESA)

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