The Democratic Republic of Congo’s (DR Congo) Senate has made a landmark decision, stripping former President Joseph Kabila of his immunity, clearing the path for his potential prosecution over alleged support for M23 rebels in the country’s turbulent eastern region.
Authorities have formally accused Kabila of treason and war crimes, citing a “substantial body of documents, testimony and material facts” that purportedly link him to the M23 armed group, which has seized control of several towns in the mineral-rich eastern DR Congo.
On Thursday, an overwhelming majority of nearly 90 senators voted in favor of his treason prosecution, with only five opposing the measure. Senate Speaker Jean-Michel Sama Lukonde declared the authorization for “the prosecution and lifting of Joseph Kabila’s immunity” following the decisive vote.
Kabila, 53, who served as president from 2001 to 2019, has not yet publicly commented on the accusations, though he has consistently denied any association with the insurgents in the past.
Upon stepping down from the presidency, Kabila was granted the honorific title of “senator for life,” which conferred upon him legal immunity. To pursue the serious charges against Kabila, the DR Congo’s military prosecutor formally requested the Senate to revoke this significant privilege.
The Speculation Over Kabila’s Return and Political Fallout
Joseph Kabila has been residing outside DR Congo, specifically in South Africa, for the past two years. However, early last month, he declared his intention to return to the country to contribute to finding a resolution for the ongoing conflict in eastern DR Congo. Weeks later, reports circulated that the former president had indeed returned and was in Goma, one of the key cities now under M23 control. These reports, however, were swiftly denied by his political party, the People’s Party for Reconstruction and Democracy (PPRD).
Last month, the authorities took a strong stance by banning the PPRD due to its “ambiguous attitude” regarding the M23 occupation of Congolese territory. Justice Minister Mutamba has since ordered the seizure of Kabila’s assets and publicly called for the former president to return to DR Congo to “face justice… and present his defence.” This escalating political tension underscores the deep divisions within the country’s leadership.
Kabila, a former military officer, assumed the presidency in 2001 at the young age of 29, following the assassination of his father, Laurent Kabila. While initially supporting President Felix Tshisekedi’s ascent to power, their political alliance fractured, formally ending in December 2020. Despite leaving office, Kabila has maintained considerable influence through his political party and within the broader ruling coalition, potentially undermining Tshisekedi’s current presidency.