Cablegate: President of National Assembly Closes Final

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PP RUEHDU RUEHGI RUEHJO RUEHMR
DE RUEHKI #1085 1871447
ZNR UUUUU ZZH
P 061447Z JUL 06
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC PRIORITY 4321
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK

UNCLAS KINSHASA 001085

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV KDEM CG
SUBJECT: PRESIDENT OF NATIONAL ASSEMBLY CLOSES FINAL
PRE-ELECTION SESSION, OPENS NEW POLITICAL DEBATE

1. (U) President of the National Assembly Thomas Luhaka
invoked "cloture," formally closing the final plenary session
of the transitional National Assembly, on July 3. Two
crucial pieces of legislation, the draft law on magistrates
and the landmark legislation on sexual violence (septel) have
been approved by the National Assembly and now await
promulgation. The law on magistrates, which has already been
amended and approved by the Senate, must now be approved by
the Supreme Court and signed by President Kabila. The
legislation against sexual violence awaits only Kabila's
signature. The next session of the National Assembly,
scheduled to open after the July 30 elections, will seat a
slate of newly-elected representatives. The real historical
challenges, ranging from attempts to build functional
political coalitions to the selection (in consultation with
the newly elected President) of the future Prime Minister,
will thus fall to the election winners.

2. (U) Luhaka is also quoted in "Le Potentiel" as supporting
the view that a majority of only the National Assembly -- as
opposed to a majority of Parliament, which includes the
Senate -- is required to select the next Prime Minister. The
law states that "the President of the Republic names the
Prime Minister from among the parliamentary majority after
consultation with it (the Parliament) (article 78)." Luhaka,
however, is quoted as saying, "In our understanding, it is
only the National Assembly which forms this parliamentary
majority from which the President of the Republic names the
Prime Minister."

3. (SBU) Comment. Luhaka's view is far from universal, and
is likely to contribute to ongoing legal and political
wrangling until elections are completed and the new President
actually proposes -- and the Parliament finally confirms -- a
new Prime Minister. However, his public support of this
position in his role as President of the outgoing National
Assembly is both positive and timely. The GDRC runs great
risks in acceding to the view that the Constitution requires
the participation of the elected Senate in selecting the
Prime Minister. Given the inherent delays involved in
electing the Provincial Assemblies, and the further delays in
their indirect election of the Senators, it could take months
to finally seat the Senate -- which means further delays if
the Senate is to be involved in naming a Prime Minister and
forming a government. It would be folly for the GDRC to
support a view which extends the transition government any
longer than absolutely necessary. End comment.
MEECE

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