DRC’s New Justice Minister Wants Homosexuality Criminalised

Constant Mutamba Tungunga has been appointed as Minister of Justice in the government of Prime Minister Judith Suminwa Tuluka.

Tungunga born in 1988 also a former presidential candidate is faced with rectifying a “sick justice”, “oil stain” of the first five-year term of Félix Tshisekedi.

Former presidential candidate and national deputy, Mutamba had failed to obtain the position reserved for the opposition within the office of the National Assembly.

He considers himself as part of the “republican opposition”, he had already expressed his desire to participate in the government in the event of a new opening promised by the Head of State.

Leader of the DYPRO movement and candidate for the position of spokesperson for the political opposition, Mutamba is known for his criticism of what he perceives as the inconsistency of other opponents.

He notably criticized the Ensemble pour la République movement of Moïse Katumbi for their recent resignation from the outgoing government and their refusal to share the results of the Sacred Union of the Nation.

He also denounced their call for the annulment of the results of the December 2023 elections and their boycott of the inaugural plenary of the National Assembly.

Member of Parliament, Mutamba has drafted several legislative proposals, notably on the granting of plots to young entrepreneurs and married couples, the criminalization of homosexuality, the ban on the export of Congolese minerals in their raw state, the creation of a special economic and financial prosecution, and the forfeiture of Congolese nationality for high treason and terrorism.

The new Minister of Justice faces many challenges. The biggest challenge concerns impunity for economic crimes, particularly suspicions of embezzlement and money laundering.

Many people have been detained for years without regularization of their detention, simply because they or their families have not met the magistrates’ financial demands. The slowness of justice, deadlines rarely respected and the interference of certain political authorities are also major problems which impact the independence of the judiciary.

President Félix Tshisekedi has often expressed his dissatisfaction with the state of justice in the DRC.

“I need justice that is correct, that is effective. It is on this justice that we will build the rule of law that we want. This State which will transform the Congo.” Tshisekedi stressed that justice could be considered the oil stain on his first five-year term.

Mutamba will also have to examine the report of the Special Commission responsible for decongesting Kinshasa’s Prisons, which revealed that more than 1,700 defendants and civilian and military detainees have been released.

However, the Kinshasa Penitentiary Reeducation Center (CPRK) still has more than 14,000 inmates, highlighting the scale of the challenge ahead.