DEMOCRATIC REPUBLIC OF CONGO Law and Practice Contributed by: Salvatrice Bahindwa, Concorde Akonkwa and David Djunga, LegalterLaw
LegalterLaw 90, Paradiso Tower Third floor Boulevard du 30 Juin Kinshasa-Gombe Democratic Republic of Congo Tel: +243 858 850 075 Email: contact@legalterlaw.com Web: www.legalterlaw.com
1. Legal System and Regulatory Framework 1.1 Legal System The Congolese legal system is founded upon civil law principles derived from Belgian colonial law. It is predicated upon seven formal sources. • The Constitution. • Duly ratified international treaties and agreements. • Acts of Parliament (ordinary and organic laws). • Administrative regulations. • General principles of law. • Local custom. • Case law (having persuasive authority but not bind - ing precedent). • Legal doctrine. The judicial system is bifurcated into two jurisdictional orders. • The judicial order jurisdictions comprising tribunals and courts adjudicating civil, criminal, commercial and social matters. These are headed by the Court of Cassation. The Common Court of Justice and Arbitration of the Organisation for the Harmonisa - tion of Business Law in Africa (CCJA) serves as a cassation jurisdiction on matters pertaining to the application of OHADA Uniform Acts. • Administrative order jurisdictions comprising tri - bunals and courts adjudicating disputes between citizens and public administration, with the Council of State serving as the supreme instance.
The Constitutional Court ensures that all laws and regulatory instruments of the country conform to the Constitution. It adjudicates disputes relating to the elections of the President of the Republic, Members of Parliament, and Senators. The Democratic Republic of Congo (DRC) is a mem - ber of several regional organisations including the Organisation for the Harmonisation of Business Law in Africa (OHADA), the Common Market for Eastern and Southern Africa (COMESA), the Economic Community of Central African States (ECCAS) and the Southern In principle, foreign direct investments (FDI) are unre - stricted and do not require examination or approval by national authorities, in accordance with the prin - ciples of equal treatment and non-discrimination. In this regard, the investor enjoys full and complete economic and competitive freedom. In particular, the investor has the liberty to: • acquire property, rights and concessions of any nature necessary for its activity, such as land, mov - able property, immovable property, or commercial, industrial or forestry assets; • dispose of acquired rights and property; • join any professional organisation of its choosing; • select its technical, commercial, legal, social and financial management methods; • select its suppliers, service providers and partners; and African Development Community (SADC). 1.2 Regulatory Framework for FDI General Rule
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