DR Congo Moves to Strip Ex-President Kabila of Immunity, Alleging Rebel Support

Authorities in the Democratic Republic of Congo (DRC) are pursuing the removal of former President Joseph Kabila’s immunity from prosecution, accusing him of providing support to rebel groups operating in the eastern part of the country. 

Justice Minister Constant Mutamba stated on Wednesday that a “substantial body of documents, testimony, and material facts” exists, linking Kabila to the M23 armed group. The M23 currently controls significant portions of the mineral-rich eastern DRC, having made substantial territorial gains earlier this year.   

Joseph Kabila, 53, has not publicly addressed these allegations, though he has previously denied any association with the insurgents. He served as the DRC’s president for 18 years, succeeding his father Laurent, who was assassinated in 2001. At the time of his father’s death, Joseph Kabila was 29 years old.  

Upon stepping down from the presidency, Kabila was granted the title of “senator for life,” which provides him with legal immunity. To proceed with a legal case against him, the DRC’s military prosecutor has formally requested the senate to overturn this immunity. 

Kabila has resided outside the DRC, in South Africa, for the past two years. However, at the beginning of last month, he announced his intention to return to the country to contribute to finding a resolution to the conflict in the east. Shortly thereafter, reports emerged that he had returned and was in Goma, a city captured by the M23. These reports were subsequently denied by his political party, the People’s Party for Reconstruction and Democracy (PPRD).

Last month, the DRC authorities banned the PPRD due to its “ambiguous attitude” regarding the M23’s occupation of Congolese territory. Justice Minister Mutamba, who also ordered the seizure of Kabila’s assets last month, has called for the former president to return to the DRC and “face justice… and present his defence.”  

Meanwhile, there are signs of potential progress in peace negotiations between the DRC and Rwanda, which denies accusations of supporting the M23. The two countries signed a preliminary agreement in Washington last week and have committed to producing a draft peace deal by Friday.  

Background on Joseph Kabila:

After assuming the presidency following his father’s assassination, Kabila won two successive elections. His second term officially ended in December 2016, but he remained in power for two more years, citing logistical challenges in organizing elections, which led to widespread protests. He finally relinquished power in January 2019 to Félix Tshisekedi, the official winner of a disputed election that many observers believed was won by Martin Fayulu. 

Fayulu accused Kabila and Tshisekedi of forming a pact to exclude him from power, allegations both men have denied. Relations between Kabila and Tshisekedi deteriorated, and their political coalition was formally dissolved in December 2020. Kabila left the DRC in 2023, ostensibly to pursue studies in South Africa. In January 2024, he successfully defended his doctoral thesis on the geopolitics of African relations with the US, China, and Russia at the University of Johannesburg.