Judges Noel Kilomba and Jean Ubulu explained their position to Félix Tshisekedi in a letter dated July 27 that circulated yesterday on social networks and whose authenticity RFI was able to confirm. They assured that they had not been consulted before their transfer and justify keeping their post by citing reasons linked to the particular status of a constitutional judge, but also linked to the form of the presidential ordinance. The two magistrates believe they have not completed their term. Members of the Court, they recall, should be replaced every three years, by thirds and by drawing lots.

This is the same position defended by Joseph Kabila's FCC (Common Front for Congo) which denounces a forced move by Félix Tshisekedi, due to lack of proper consultation with the Superior Council of the Judiciary. And this is what is exasperating the ranks of the presidential party. For Me Peter Kazadi of the UDPS (Union for Democracy and Social Progress), the two judges were indeed consulted but they decided "to defy" the authority of the Superior Council of the Judiciary which would have proposed their replacement, but also the authority of the president himself who appointed them.

Therefore, for Me Kazadi, a disciplinary procedure is necessary. Former constitutional judge Eugene Banyaku Luape explains that he was in the same situation as judges Kilomba and Ubulu of conflict with authority, at the time Joseph Kabila, but had the "elegance to resign". "It is a political question more than a legal one", comments this former member of the Court.

It should be noted that, under the presidency of Joseph Kabila, since the creation of the Constitutional Court in 2013 and its installation in 2015, the procedure for replacement by drawing lots has never been used.