Appointment of Samy Badibanga: a strategy from the archives of the late Maréchal Mobutu

By Jean-Bosco Kongolo M.

The wait has been long, very long even for Kabila to find the person best suited to fill the position left vacant at the prime minister’s office by the man with the red tie, forced to abandon his statistics on macroeconomic growth. Officially, the government to be led by the former Chairman of the parliamentary group of the UDPS and Allies will have the main mission of organizing the elections and, to a lesser extent, to also take care of social affairs. This mission was revealed last week by the Head of State himself during his speech on the state of the nation. But for those who know better the history of the political transitions of the DR Congo, the choice made on the elected representative of Mbuji-Mayi indicates not only that history tends to repeat itself but that also Joseph Kabila is running short of strategies to overcome the charisma and the popularity of Etienne Tshisekedi. Will Samy Badibanga succeed where Faustin Birindwa failed?

In the following lines, we will use our freedom of expression to present our opinion, based on facts and realities on ground, as well as the ins and outs of the appointment of Samy Badibanga.

Why such a long wait ?

As usual in Congo-Kinshasa, the signing of the dialogue agreement fueled conversations and social Medias both in the country and in the Diaspora.

Names were discussed, of which the least favorite and the least expected was Samy Badibanga at the final line. On the other hand, Vital Kamerhe was the most awaited and his name was repeated by everyone as he was the only “opposition member” among the most talkative [1] who agreed to take an active part in the dialogue as head of the opposition delegation. Here is what he said about this dialogue before he made a 180-degree turn:
“While the others went to waste their time at the Palais de Nation (Presidential Palace where Joseph Kabila consults the social and political forces of the DRC, ed.], I chose to consult directly with the people. In addition, I know President Joseph Kabila better than everyone else. More than a year ago, I warned that it was useless to call for a dialogue with someone who obviously did not want it. However, I respect the choice of those who have visited the Palais de la Nation but time will prove us right. Anyone who agrees to go to this new dialogue with Kabila will be disappointed. “[2]

Thus, it appeared that Joseph Kabila had caught one of a kind of fish in his game-bag and that he should make him his prime minister or, why not, humiliate him.

The last public appearances and declarations of Vital Kamerhe, on the verge of arrogance, led to believe that he was feeling in the shoes of a prime minister, that he would even have received guarantees from the Raïs and that he was especially impatient to play the leading part.

Regarding the good offices mission of the CENCO Vital kamerhe said recently: “They said that they are taking advantage of the fact that we were wise to leave an open door in this agreement, I mean in the article 24 to resume their mission of bringing together all the daughters and the sons of the country around this agreement which is an act of very high historical value but remains a human act thus perfectible. We spoke clearly with them. They agree with us. There will never be another dialogue. “[3]

It was without counting on the real intention of Joseph Kabila, who really did not need a substitute for Matata Ponyo, the latter having been very loyal and very docile, but rather a man with mission to demystify Tshisekedi and the “Rassemblement”, the Rally of Political and Social Forces Committed for Change, which he embodies.
Hence, among other things, the ridiculous and, not surprisingly, the last-minute coaching of Gabriel Kyungu wa Kumwanza’s son, whom the Congolese people discovers only when he disowns his father: “Everyone needs to do what is His right. My name is Marcel Kyungu but I am not a slave of Kyungu wa Kumwanza. I am not a radicalist, but I am a centrist. When I find that somewhere it does not go, I come back to reason. Today, I felt that at Kabila there is reason, which is why I returned to Kabila and the Presidential Majority. “[4]

That diamond in the rough, following the advice of veterans and dinosaurs of the mobutism, Kabila naively believes to have found it in the person of Samy Badibanga, native of Kasai like Tshisekedi and former member of the UDPS.

This confirms what we wrote recently about the possibility for Vital Kamerhe to be disappointed again as he was in 2006: “Unfortunately for him, geopolitics had decided in favor of Antoine Gizenga. Is history not likely to repeat itself? “[5] The whole question remains now what Samy Badibanga is going to do where, long before him, Faustin Birindwa had failed miserably.

2. Tough assignment for Samy Badibanga

Very few people have paid attention to a big contradiction contained in Joseph Kabila’s last state of the nation speech. both literally and figuratively. Whenever the question of holding of elections was raised, he and his flattering relatives have always asserted that the organization of elections is the responsibility of the Independent National Electoral Commission. How can a government confronted with the fluctuation of commodity prices be able to finance elections whose cost is estimated at more than one billion US dollars, whereas for five years it has been unable to fund them for the governors and vice-governors of the dismembered provinces? [6] The same goes for the social welfare, demolished in a purely demagogic manner by Joseph Kabila, to the applause of the naive and the irresponsible corrupt with the money of the Congolese taxpayer. What about the real missions entrusted to Samy Badibanga?

The Mission to weaken Etienne Tshisekedi and the entire opposition

In spite of his human errors, and whether he is loved or not, Etienne Tshisekedi is one of the very few Congolese politicians who have remained constant in their political struggle and in their Ideal: the advent of democracy in Congo-Kinshasa.

Many, even without admitting it, are politicians of all tendencies, who are what they are for having simply evolved alongside Tshisekedi before betraying him to obtain, as a bonus, an appointment in some institutions or public enterprises.
Since the sovereign national conference until the fall of Marshal Mobutu in 1997, several plans were tried unsuccessfully, to weaken or isolate Tshisekedi, who always knew how to bounce back. Among these plans we can mention the Commission of Illegal Acquisitions and especially that of assassinations, in which the mobutists tried in vain to disqualify Tshisekedi in the race towards the position of prime minister of the transition by involving him in particular in the ” Assassination of Patrice Emery Lumumba.

But the most elaborate plan to weaken Limete’s sphinx was the profound poaching of Faustin Birindwa – in 1993 – a proven technocrat, National Secretary of the UDPS responsible for organizing the party and Secretary of STOP (Technical Secretariat of the wing Of the opposition) of the time, the equivalent of the Rally of the political and social forces acquired to the change today.

By appointing Prime Minister S. Badibanga, Joseph Kabila proved once again that he is disconnected from the country’s socio-political realities, while by accepting this position, Badibanga has certainly forgotten this unfortunate episode of the struggle for democracy in Congo-Kinshasa . In the very near future, one and the other, especially Joseph Kabila, will learn at their expense that despite certain other defections that could soon be recorded within the Rally, behind Tshisekedi, it is the entire Congolese people who is no longer fooled and who takes care of himself.

3. The reasons for the predictable failure of Samy Badibanga

For several reasons, the government of Samy Badibanga seems to have failed even before it was constituted.

A. Lack of legitimacy

Despite contestation of the results of the presidential elections, all the successive governments since the beginning of the Third Republic have always benefited from a apparent legitimacy or legality, the prime ministers having always been designated within the parliamentary majority in accordance with the Constitution, in his article 78 para. 1 and 2 which stipulates that “The President of the Republic shall appoint the Prime Minister within the parliamentary majority after consultation with the latter. He shall terminate his functions upon handing in the resignation of the Government by the latter.

If such a majority does not exist, the President of the Republic entrusts a mission of information to a prominent person in order to identify a coalition. “

Contrarc to the Head of State ‘s announcement that the Constitution was going to be respected in all its provisions, the appointment of Samy Badibanga rather fits in the pattern of the primacy of dialogue over the Constitution, just to satisfy the bulimia of power of a few individuals favoring only their interests. Unless he recognizes that he is now part of the new presidential majority, how will the appointed Prime Minister get the Congolese people to accept his presence as an opponent in this government and especially at the end of the last Mandate of President Kabila? Like most of the compatriots who owe their political ascent to Tshisekedi, Samy Badibanga was also elected under the UDPS label and, therefore, close to the latter. Could he continue to enjoy the same legitimacy after betraying him and without the support of the base that remains faithful to Tshisekedi?

B. The attitude of the UDPS base towards Samy Badibanga

There is no doubt that the purpose of the appointment of the new Prime Minister is an awkward strategy to create division within the UDPS, especially in its base of the Kasai region. If it remains true that Badibanga’s actual taking of the functions will cause some happiness as usual, these enjoyments will be limited geographically simply in his clan as a characteristics of the composition and the peculiarities of the Luba ethnic group that many do not know. Bakwa …, Bena …).

Until further notice, the strength and charism of Tshisekedi resides in being seen by all these components and by the majority of Congolese as the leader who incontestably incarnates their struggle and their ideal. In this respect it is important to note that the territorial division did not have the effect of affecting, at the national level and in Greater Kasai, the attachment of many Congolese to their leader.

From the Sankuru to Lomami, via the present Kasai Oriental, from the Central Kasai to the present Kasai province, Grand Kasai has yet to find another leader to replace Etienne Tshisekedi. The strategic laboratory of Kingakati seems to have overestimated the ability of this wildcard who militated or pretended to do so, not long ago, for the respect of the Constitution, slogan dear to the UDPS. On this subject, it is well known that since 2011, the new Prime Minister and his parliamentary group are no longer considered members of this party, despite the purely human relations that both have maintained.

C. Composition of the government and future conflicts

As indicated by recent developments and according to our contacts within the presidency of the Republic and the security community, the arrogance and the demonstration of strength displayed by the falcons of the presidential majority are only pretence.

Behind the scenes, most enjoyers no longer believe in the longevity of the power of the Raïs and as a result, some would have already sheltered their families and their bank accounts while preparing to jump into the first plane should anything happen… Those who can and who know how to take advantage of the intellectual limits of the President of the Republic, as they have always done, will still fight to be in the government of Samy Badibanga, Size may be huge in order to give an ultimate chance to all predators to fill their pockets before the end of recreation.

Although occupying the position of prime minister, in accordance with the agreement resulting from the dialogue, the task for this new Prime Minister, a pure technocrat, to compose his government will be made difficult by the leaders of the political parties members of the arithmetical majority, some of whom will seek to enter, while others are automatically assured of remaining there. [8] Already, in the headquarters of political parties and political groups who attended Kabila’s dialogue, the leaders do not agree at all on the quotas and the persons to be appointed to fill the ministerial positions t. Various source contacted on Friday8 has confirmed that “Even if we do not know the size of Badibanga ‘s Government nor the quota reserved for each component, the eyes of each look at the strategic ministries”,. Even if the Presidential Majority wants to keep control of the Home Affairs, Finance, Foreign Affairs and Justice, last Thursday’s meeting was characterized by discords, and ran into the buffers. According to sources close to this political family, the secretary-general of the PPRD and several other cadres of this party would have opposed certain proposals “names not previously discussed,” in their quota. “[9]

The strategy is the same for those who pretend to belong to the opposition just for the title and who will not hesitate to position themselves so as not to miss this opportunity. But the greatest challenge awaiting the new Prime Minister is for him to face Joseph Kabila and the stronghold of his hawks, who will not give him the freedom of directing the daily the policy of the nation according to the prescriptions of the Constitution, in Its article 91, paragraphs 1 and 2 stipulating that “The Government shall define, in consultation with the President of the Republic, the policy of the Nation and be accountable for it. “The Government conducts the policy of the Nation”

The question could naively be asked: how is he going to succeed in his task of organizing the elections and dealing with social matters with a parliament whose mandate is expired, with a Constitutional Court violating the Constitution with impunity, with governors of New provinces without constitutional legitimacy and financially asphyxiated, with shrinking economic resources?

Even though he has already chosen his side, the youth of La Lucha were not wrong in sending the Prime Minister an open letter to give him their free and patriotic advice: “We would have liked to congratulate you, as well as ourselves, as you have always publicly denounced intentional maneuvers to delay the elections, the violations of public rights, the endless and unpunished crimes (Beni, Maluku, Tshimbulu, etc.), . In the meantime, you will be able to take part in the elections, the public elections, the unrestrained and unpunished crimes against the Congolese.

Nevertheless, as yourself have said, the second and last constitutional mandate of the President of the Republic of which you hold the appointment ends on December 19, 2016. It is in only 32 days! Even with all the skills and all the will of the world, you would barely have time to form a cabinet and develop a government program. As you know very well, the so-called “political agreement” of October 18, 2016 has no supra-constitutional value to give you more time. If you always hold to the good of the DRC and the Congolese; If you still believe so strongly in the virtues of democracy and peaceful political alternation; If you have not mortgaged your dignity and honesty last night in the name of we do not know what bait; Then give up this appointment! “

Conclusion

More and more Congolese people are beginning to understand that if they do not take charge to free themselves from all internal and external servitude; no one will do it in their place. Many are also those who trust DESC for the rigor, accuracy and impartiality of our analysis. As we cannot answer individually to all of our readers who ask questions related to our opinion about the appointment of the new Prime Minister, we have decided to present our reading of the situation, based on the actual facts. To those readers, we say that the appointment of Samy Badibanga as prime minister is only a logical consequence of the reconstruction of the presidential majority. Mostly it is completing the signs of time tha announce the end of the rule of Joseph Kabila, inspired by the same operating modes used by Mobutu to cling desperately to power. If, at the time of the President Mobutu, the people were still blind, it is quite different from the present generation, awakened and jealous of their country, which does not allow an individual or group of individuals to exercise power by force, in violation of the Constitution. Did Badibanga go wrong? The fact is, heaven always confuses the people he wants to lose. By Jean-Bosco Kongolo M. Lawyer & Criminologist, DESC Deputy Coordinator

Jean-Bosco Kongolo M.

Lawyer & Criminologist, Deputy Coordinator of DESC

Mr. Kongolo served as an appellate court judge in the DRC before resigning voluntarily, refusing to condone corruption and the anti-values that corrode the institution that is supposed to embody the rule of law in the DRC.

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