Joseph Kabila’s Loses Immunity over Alleged M23 Ties

Democratic Republic of Congo Senators have overwhelmingly voted to strip former president Joseph Kabila of his immunity. It follows accusations that he backed the M23 rebel group.

On Thursday at People’s Palace in the capital Kinshasa, 88 senators voted in favour of lifting Kabila's immunity; five opposed and three abstained.

In its report, the special commission explained the offenses charged against Kabila that include; participation in an insurrectional movement through its alleged links with the M23/AFC and the advice provided to its leaders, treason for supporting the project of overthrowing constitutional institutions in collusion with a foreign power and participation in war crimes due to alleged support for an armed organization responsible for serious violations of international humanitarian law.   

According to the report, they cited the testimony of " Éric Nkuba, co-founder of the AFC, who personally witnessed the telephone conversation between Kabila and Nangaa Corneille Nangaa Yubeluo, leader of the AFC-M23 rebellion in Kampala.        

On Friday, Kabila released a statement saying that the action was orchestrated in haste and without respect for institutional balances and is not an act of justice.

Kabila says that he does not need immunity to face this, adding that those who designate him as a target today should already be thinking about what they will answer tomorrow. Kabila also says that those who believe that lifting his immunities will erase their failure are mistaken. He adds that the truth is not voted on, it imposes itself, and it will come.   “I take note of the Senate's decision to lift my immunities. This action, orchestrated in haste and without respect for institutional balances, is not an act of justice. It is a desperate political manoeuvre in a context of widespread panic at the highest levels of the State."

He added, "I have never shirked my responsibilities, neither before the people nor before History. I do not need immunity to face this, but those who designate me as a target today should already be thinking about what they will answer tomorrow. For this country is not amnesiac. It knows who has built, and it knows who destroys. To those who believe that lifting my immunities will erase their failure: you are mistaken. The truth is not voted on. It imposes itself. And it will come”, says Kabila in a statement.   

Kabila now faces the prospect of being tried in military courts for "treason, war crimes, crimes against humanity and participation in an insurrectionary movement.

Last month, the DR Congo government, through Justice Minister Constant Mutamba, announced the commencement of legal proceedings against former President Joseph Kabange Kabila following his visit to Goma, a city currently under the control of M23 rebels. 

Kabila, who has been in exile since 2023, made a surprise appearance in Goma, arriving in a large convoy escorted by M23 fighters. Kabila, who led DR Congo for 18 years, appeared alongside prominent Congolese journalist Steve Wembi, who had also been living in exile in Rwanda. The visit has fueled widespread speculation that Kabila may be supporting the rebel group.   

Mutamba ordered the seizure of all movable and immovable property belonging to Kabila. He also announced the nationwide suspension of all activities of the People’s Party for Reconstruction and Development (PPRD), of which Kabila is the moral authority. Several senior PPRD officials were also arrested for questioning over alleged links to the M23 rebels.   

M23 rebels control the majority of areas in North and South Kivu provinces, including Goma, Bukavu cities, Goma international airport and Kavumu airport.