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| Periodical article
|Le cadre institutionnel de lutte contre la corruption en RDC: analyse critique du cadre juridique de l'agence de prévention et de lutte contre la corruption
|Minga, Clément Shamashanga
|KAS African Law Study Library (ISSN 2363-6262)
|Congo (Democratic Republic of)
|The study examines the legal framework governing the agency for the prevention and fight against corruption (aplc), established by ordinance n°20/013 bis of march 17, 2020. it shows that the legal framework governing the aplc has a number of weaknesses that undermine the legitimacy and credibility of this agency, thus jeopardizing the chances of success of its mission. it indicates that the creation of the aplc by an ordinance, an act of the executive, is not likely to ensure the durability and stability of this agency; the president of the republic can at any time modify or repeal his act as he sees fit. the study also reveals that the ordinance does not guarantee the independence and autonomy of the agency, which is placed under the direct authority of the president of the republic. the agency's dependence on the president of the republic leads to the politicization of this institution, which is part of the specialized services of the office of the head of state. the study also reveals that the ordinance creating the aplc does not provide any protection for the agency's members and staff. they have no mandate; their careers depend largely on the president of the republic, who can terminate their functions at any time. the leaders and staff of the agency have no protection from criminal prosecution for acts committed in the exercise or on the occasion of the exercise of their functions. it suggests the establishment of a truly independent national anti-corruption commission with the status of an institution supporting democracy, whose members will be chosen from among independent personalities with proven experience in the fight against corruption.