Leader of the Democratic Republic of Congo's political party Union for Democracy and Social Progress (UDPS) Felix Tshisekedi  confirmed as the winner by the constitutional court
Leader of the Democratic Republic of Congo’s political party Union for Democracy and Social Progress (UDPS) Felix Tshisekedi confirmed as the winner by the constitutional court

The constitutional court in the Democratic Republic of Congo (DRC) has upheld the victory of opposition presidential candidate Felix Tshisekedi. The court rejected an appeal by Martin Fayulu, another opposition contender in the 30 December poll.

The court said Mr Fayulu had failed to prove that the election commission had announced false results. It went on to declare “Felix Tshisekedi president of the Democratic Republic of Congo by simple majority”. He is now expected to be sworn in within 10 days.

The electoral commission earlier announced that Mr Tshisekedi had received 38.5% of the vote, compared with 34.7% for Mr Fayulu. Ruling coalition candidate Emmanuel Shadary took 23.8%.

After the ruling, Mr Fayulu urged the international community not to recognise the election result. Despite the court ruling, Mr Fayulu said he was a “legitimate” president

In the verdict, the court also rejected a request to carry out a recount and declared Tshisekedi “President of the Democratic Republic of Congo by simple majority”.

Fayulu had denounced the figures and called the results as an “electoral coup,” which he said was forged by Tshisekedi and President Joseph Kabila. Fayulu then filed an appeal with the Constitutional Court.

Upon hearing the top court’s decision Fayulu remained defiant and declared himself president.

“The constitutional court has just confirmed that it serves a dictatorial regime … by validating false results, and enabling a constitutional coup d’etat,” he said in a statement.

“I ask the entire international community not to recognize a power that has neither legitimacy nor legal standing to represent the Congolese people,” he said of Tshisekedi, declaring himself “the only legitimate president”.

The ruling comes shortly after the African Union had asked Congo to delay announcing the final election results, casting “serious doubts” about the vote.

Hundreds of supporters of opposition leader Tshisekedi, the declared winner of the election, gathered outside the court holding placards saying “No to interference” and “Independent country” as riot police stood nearby.

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44 COMMENTS

  1. That is a very serious mistake he is making. Nor wander African leaders are problems. They dont take peoples interest first because in this case he is puting millions of lifes at risk. Shame on him.

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    • What has DRC to do with us?
      What where main points in Dialogue prayers in Lusaka? When is next meeting? Set it on the of Tsekedi, so the man in charge of Zambia can miss dialogue meeting again.

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  2. Now that’s recipe for new DRC instability and a flood of new refugees. Zambia should brace herself for new entrants fleeing into Kitwe and Ndola areas.

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  3. The same thing happened in one of Congo’s neighbors where someone stole an elections victory not too long ago, but sadc and AU kept quiet. Why? Double standards. Hypocrites

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  4. Now it seems Mr Raila Odinga set the bad example for losers to declare themselves president.That’s especially risky for a huge volatile sh1thole country like DRC.

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  5. Advisory: DRC is more suitable for Trib.al Hacks to try his ambitions. Zambia has eluded him forever, Amen.

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    • @ UPND Cadre.

      When elections are stolen from H.H., it simply means Zambia has not eluded him. Because you have a different definition of stealing in your dunderhead, you will never understand what I am saying.

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  6. Advisory: DRC is more suitable for Trib.al Hacks to try his ambitions. Zambia has eluded him forever, Amen.
    Your opinion Jay Gay?

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    • Why dont you ask your Mother and Father or your sister who happens to be your wife hence the reason your are fixated with tribalism in every topic as your a product of the taboo called incest!!!!!!!!!!!!!!

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  7. That country should be divided into four countries. It’s too big for any African government to administer it properly.

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  8. IN AFRICA IT IS FASHIONABLE TO REJECT THE POLLS. WHAT A SHAME. WHEN YOU ARE GIVEN CHANCE TO PROVE YOUR ALLEGATIONS YOU HAVE TO DO THAT. NOT OPENING YOUR MOUTH WIDELY WITH NO EVIDENCE. EVEN KK ALSO REJECTED THE LOSS HE SUFFERED AT THE HANDS OF FTJ.

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  9. Whether manipulated or not, for the sake of peace please have a heart for the masses coz the result for such statements is bloody.

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  10. AU already openned a pandora for division and anarchy unless they were to reverse their stance and supported concourt ruling

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  11. TYPICAL OF AFRICAN CANGAROO CONSTITUTIONAL COURTS. HOW DO YOU TELL A PERSON TO PROVE THAT THE ANNOUNCED RESULTS ARE WRONG UNLESS HE PROVES THE ELECTORAL COMMISSION ANNOUNCED WRONG RESULTS. HE ASKS YOU TO DO A RECOUNT YOU REFUSE, SO TELL ME HOW ELSE ONE CAN PROVE THAT THE FIGURES ANNOUNCED WERE WRONG IF YOU REFUSE A RECOUNT. HOW COME KABILA’s PARTY WHICH GOT 9% PRESIDENTIAL HAVE 56% MPs ? YOU DECLARE SOMEONE WINNER BY SIMPLE MAJORITY AT 38% MEANING 62% of THE COUNTRY HAVE REJECTED HIM. THESE COURTS MUST BE BANNED THEY DONT SERVE THE INTERESTS OF THE PEOPLE, LOOK AT LUNGU AND ZAMBIA SO SHAMEFUL.

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    • Comment: ba Larry sure, MPs and Presidents are two different candidates that’s Y each campaigns as an individual, it does not mean if I vote a UPND MP, then automatically I vote for UPND President!! Aikona man!!!!!!. For one to say he has been robbed of victory then he or she needs to show evidence that at this polling station I got this much and the announced are this much, so so and so less than what I actually got. That’s what we call evidence!!!! not just saying do a recount, the same electoral commission will do recount so it means if they are thieves they will still manipulate the figures to show that they did not Robb the guy!!

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    • @Larry Mweetwa. I don’t know if you’re the real one or not.
      The basis on which the DRC con court refused are because the tally difference wasn’t close enough to warrant that Fayula could have won. DRC had used electronic voting in urban areas so there likely no human error in the results, as the printed ballot papers matched the voting machine tallies.
      Anyway, Fayula made a claim. The burden of proof was on him to prove that claim – this is how logic works. Courts also work on the same basis, bench of judges at a court is a trier of fact.
      Also it doesn’t matter if the winning candidate won by a simple majority for that is what their constitution provides. Remember we had a similar system in Zambia – and it has it’s disadvantages.
      The reason we have courts is not necessarily to…

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    • They don’t use the 50+1 principle. The First Past the Post is in effect. Secondly you don’t ban “constitutional courts” as they are created by the constitution itself-THE SUPREME LAW OF THE LAND. What is lacking is opposition that is pragmatic and rational-a group that can work to inspire voters rather than spend time appeasing the international community, media and trying to win elections in courts. Before we switched to 50+1, Mwanawasa won 2001 with 24%!!

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    • You can’t order a recount if no preliminary indicators that the results are false. First the one who is claiming that the results are false must give some incriminating evidence that they are false. Otherwise a recount may just trigger a waste of resources.

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  12. What did Malanji report since he led the SADC observer mission? Kabila had a candidate whom he would have preferred to win, so on a balance of probabilities Fayulu lost despite the Catholics and other big shots rallying behind him. He should just accept the result and move on

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  13. This proves that the western style of government doesn’t work in Africa. We need to find and refine our own processes to suit our demographics. We need to look at our traditional systems and tweak them to suit our modern day lifestyles. We keep playing catch up to Europe and in the process eroding our own values.

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    • Just because one losing candidate fails to concede defeat in Congo does’nt mean democracy can’t work in Africa. The problem is not with the governance, it’s with people like Fayulu, Odinga & co. who cannot reach beyond their own personal ambitions to accept the outcome of elections for the sake of peace and stability in the country.

      If we are to define our own mode of governance, then Africa has to go back to the traditional form of rule where power is centered around the chief and his family. As history has shown, stronger tribes like the Zulu would then subdue all other tribes, demanding loyalty from them and forcing those who refuse to flee.

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    • The problem is that we have compromised electoral bodies and the judiciary.Tshisekedi and Kabila supporters were celebrating the outcome even before the ConCourt delivered its ruling.Its clear they knew the courts decision before hand.Besides the judges are well known Kabila loyalists.
      The same thing happened with veteran dictator Paul Biya in Cameroon, Edgar Lungus third term case in Zambia,Museveni in Uganda,Nkuraziza in Burundi ,Paul Kagame in Rwanda ,Mnangagwa in Zimbabwe etc
      African dictators have found new ways of staying in power by corrupting institutions of governance.

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    • Democracy has always existed in Africa. Great civilizations existed in Africa way before colonization and my point is not about democracy not working but about following a style that was introduced to suppress and marginalise the indigenous people of Africa. People tend to use the US and Europe as a pinnacle for democracy and yet we forget that it’s these same countries that are busy interfering with the state of affairs in Africa. A peaceful Africa is a threat to Europe and America and therefore it’s in their best interest to tinker and pretend to be peacemakers whilst helping themselves to free or cheap resources.

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  14. @4 ENKA The sentence SHOULD READ ZAMBIA SHOULD BRACE HIMSELF NOT HERSELF WE ONLY USE HERSELF IF THE PRESIDENT WAS A WOMAN BUT SINCE ITS A MAN ITS HIMSELF. DRC NOW WILL HAVE ANOTHER REBEL IN THE NAME OF MARTIN FAYULU SOON HE WILL BE IN THE BUSH I HOPE HE WONT TEACH UPND BAD MANNERS

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  15. The catholic church is responsible for misleading Fayulu.They conducted their own PVT and declared him (Fayulu) winner .The church should stay out of politics as they are now causing disorder and anarchy.DRC is our neighbour and any seriuos confusion does affect us .
    In colombia a rebel group called ELN was formed by catholic priests and students in 1964 and is still causing mayhem todate .
    Here in Zambia the Church mother bodies agenda must be checked and controlled timely.Already this disligoue scheme is suspicious.

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    • When I say this I am called a ….Cadre. Those who care to understand the clergy should time to read Hebrews chapter 5:1-10. These are human beings and just like us can take a biased stand on issues. Take them as divine at your own risk.

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    • The Jesuit priestly order is the political wing of the Catholic Church and they are there to cause mayhem in countries, especially in Africa. They sponsor rebellion, political strife and ethnic disharmony. The example above is one, Rwanda is another. The Catholic Church is not the best of peace makers. A wolf in a sheep’s skin best describes the Jesuit order.

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  16. The Litmus test will be whether the masses heed Fayulu’s clarion call or ignore it like for one Under-Five since deep in their hearts they know who they voted for.

    It’s a good thing Congo will at last not have a President bestowed by Western Imperialists and East Africa Dictator Looters. For a Long time, the genuine power block of Congo – the Lubumbashi-Kasai Axis has been denied Leadership of Congo by Looters and Opportunists.

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  17. The problem is that we have compromised electoral bodies and the judiciary.Tshisekedi and Kabila supporters were celebrating the outcome even before the ConCourt delivered its ruling.Its clear they knew the courts decision before hand.Besides the judges are well known Kabila loyalists.
    The same thing happened with veteran dictator Paul Biya in Cameroon, Edgar Lungus third term case in Zambia,Museveni in Uganda,Nkuraziza in Burundi ,Paul Kagame in Rwanda ,Mnangagwa in Zimbabwe etc
    African dictators have found new ways of staying in power by corrupting institutions of governance.

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  18. KIKIKIKI , REJECTING ELECTION RESULTS IS THE SPIRIT OF HH.HH PETITIONE ELECTION RESULTS OF 2016 BUT FAILD PRODUCE EVIDENCE.HONESTLL IF U HAVE AN EVIDENCE CAN U FAIL TO PRESENT IN COURT WITHIN 2DAYS SURE.I THINK HH IS JUST A PROBLEM.MOREOVER HOW CAN U WIN ELECTIONS WITH JUST THREE PROVINCES.SHAME ON HH AND THE ENTIRE UPND.I HATE THIS PARTY MWANDI I CANT LIE.UPND I HATE U

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  19. Sour grapes! Only in Africa, does a losing presidential candidate claim victory, appoint themselves President …and then call the people’s choice a dictator!

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    • It’s because they think that the very fact that they waited 20 years automatically entitles them to victory. Victory by experience rather than by merit.

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