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Parliament
Title VI Parliament
Article 93: Houses, Election, Eligibility
1. The Parliament shall be composed of two Houses: the National Assembly and the Senate.
2. The Deputies of the National Assembly shall be elected by direct universal suffrage.
3. No one shall be elected Deputy if he has not attained the age of 25 years or if he is not a native born Congolese citizen.
4. Senators shall be elected by indirect universal suffrage by the Councils and Districts, Regions, Disbursements, and Communes. No one shall be elected Senator if he has not attained the age of 50 years or if he is not a native born Congolese citizen.
5. The Deputies and Senators shall be re-eligible.
Article 94: Term, Law on Parliament
1. The duration of the mandate of Deputies shall be 5 years, the duration of the mandate of Senators shall be 6 years. The Senate shall be renewable every two years by thirds. The first third to renew shall be designated by chance.
2. The mandate shall be unconditional. The law shall fix the repartition of seats, indemnification, conditions of eligibility, areas of ineligibility and incompatibilities to Parliament. It shall also fix the conditions in which persons called to assure in the case of the vacancy of a seat and the substitution of Deputies and Senators until a general or partial renewal.
Article 95: Indemnity, Immunity
1. No member of Parliament shall be pursued, investigated, detained, or judged for opinions or votes express by him in the exercise of his functions.
2. No member of Parliament shall be, during the duration of its sessions, pursued or arrested in a criminal or correctional matter without the authorization of the House of which he is a part, except in the case of flagrante delicto.
3. No member of Parliament shall be, out of session, arrested or pursued without the authorization of the Bureau of the Chamber of which he is a member, except in the case of flagrante delicto, authorized cases, or definitive condemnation.
4. The detention or the pursuit of a member of Parliament shall be suspended if the House of which he is a part requires it.
Article 96: Representative and Personal Mandate
1. The mandate shall be representative. Any imperative mandate shall be null and of no effect.
2. The right to vote in Parliament shall be personal. At all times, the delegation of a vote shall be permitted when a member of Parliament is absent for a duly declared provisional incapacity. In this case, no one may receive the delegation of more than one mandate.
Article 97: Regular Sessions
1. The Parliament shall meet by right in three ordinary sessions per year. Each session shall have a duration of at most two months.
2. The first session shall open 2 March. The second session shall open 2 July. The third session shall open 15 Oct.
3. When the Parliament meets in congress, the Bureau of the National Assembly shall preside over the debates.
Article 98: Extraordinary Sessions
1. The Parliament shall meet in extraordinary session at the request of the President of the Republic, the Prime Minister, or a third of the members composing each of the Houses for a fixed agenda.
2. The closing shall intervene when the Parliament has extinguished the agenda for which it was convened and at most 15 days from the date of the beginning of the meeting.
Article 99: Proceedings, Publicity
1. The sessions shall be opened and closed by the President of each House.
2. Each House shall establish its interior regulations and elect its established officials of at most seven members.
3. The meetings of the two Houses shall be public. The official record of debates shall be published in the Official Journal.
4. Each House may sit in closed session at the demand of the President of the Republic, the Prime Minister, or one third of its members.
Article 100: Officials
1. The Officials of the National Assembly shall be elected for the duration of the legislature. At any time, in the case of change in the majority in course of the legislature, a new President can be elected.
2. The Officials of the Senate shall be elected after each partial renewal.
Article 101: Initiative
1. The Parliament shall have the legislative initiative and alone pass the law. It shall establish taxes and pass the budget of the State and control its execution. It shall be obligated with this task at the opening of the Oct session.
2. It shall have the initiative of legislative and constitutional referendums.
Article 102: Admission by Senate
The Senate shall concur in the election of the members of the Supreme Court and the members of the High Council of the magistrate in conformity with the provisions of Article 129.
Article 103: Competences of the Senate
1. The Senate, other than its legislative functions, shall assure the representation of the interests of local units and social-cultural communities.
2. It shall play the role of moderator and counselor of the Nation. The provisions of the present article may be specified and completed by an organic law.
Article 104: Domain of the Law
1. It shall be in the domain of the law:
- the citizenship, the civic rights and fundamental guarantees accorded to citizens in the exercise of public liberties, the subjugation imposed, in the interest of the national defense, and public security of citizens, in their person and their goods;
- the nationality, the state and the capacity of persons, matrimonial systems, successions, and liberalities;
- the determination of crimes, misdemeanors, and contraventions of the fifth class as well as the penalties which shall be applicable to them, the organization of justice and the procedure followed before the jurisdictions and for the execution of judicial decisions, the status of the magistrate and the juridical program of the High Council of the Magistrate, ministerial offices and liberal professions;
- the base, rate, and manner of recovering impositions of every nature, borrowing and financial engagements of the State;
- the program for the minting of coinage;
- the electoral program of Parliament and Local Assemblies;
- the general status of the Public Authority;
- the right to work and programs of social security;
- nationalizations, denationalizations of enterprises, and the transfer of property of enterprises from the public sector to the private sector;
- the disposition of free and charge titles of public and private goods and of the public and private domain of the State;
- the plan for economic and social development;
- the environment and the conservation of natural resources;
- the system of ownership, of real rights, and civil and commercial obligations;
- the system of political parties and the press;
- the approval of international treaties and accords;
- the organization of the national defense;
- the administration and disposition of the domain of the State;
- the free administration of local units, their areas of competence, and their resources;
- the management of the territory;
- the mutuality, monetary system, and credit;
- the system of transport, communications, and information; and
- the penitentiary system.
2. The law shall equally determine the fundamental principles:
- of instruction,
- of health,
- of science and technology,
- of culture, arts, and sports, and
- of agriculture, husbandry, fishing, waters and forests.
Article 105: Budget and Planning Laws
1. The budgetary act shall determine the resources and the allocations of the State in the conditions prescribed by an organic law.
2. Planning laws shall fix the objectives of economic and social action of the State and the Organization of production.
Article 106: Declaration of War
The declaration of war by the President of the Republic shall be authorized by the Parliament convened in congress.
Article 107: Regulatory Domain
Matters other than those which are of the domain of the law shall be of the regulatory domain.
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