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Act No. 13/008 of 22 January 2013 amending and supplementing Act No. 08/012 of 31 July 2008 on fundamental principles relating to the free administration of the provinces
Statement of Reasons
In order to comply with the Constitution as amended by Act No. 11/002 of 20 January 2011 and Act No. 11/011 of 13 July 2011 on Public Finance, it appeared necessary to amend Act No. 08/012 of 31 July 2008 on fundamental principles relating to the free administration of the provinces.
In addition, with a view to achieving the sincerity of the budget forecasts of the provinces, it is necessary to harmonize the calendar of the parliamentary budgetary sessions with that of the provincial assemblies.
For example, with sufficient information, the provinces and decentralized territorial entities develop their budget estimates in a knowledgeable manner.
For this reason, the amendment of sections 16 and 19 of Act No. 08/012 of 31 July 2008 on fundamental principles relating to the free administration of the provinces, the insertion of a new section 28 bis and the repeal of sections 20 and 21.
This is the general economy of this Act.
Act
The National Assembly and the Senate adopted;
The President of the Republic enacts the following Act:
Article 1
Sections 16 and 19 of Act No. 08/012 of 31 July 2008 on fundamental principles relating to the free administration of the provinces are amended as follows:
“Article 16
The Provincial Assembly holds two regular sessions each year:
1. the first opens on 30 March and closes on 29 June;
2. the second opens on September 30 and closes on December 29.
If on March 30 or September 30 falls on a Sunday or a public holiday, the opening of the session is on the first business day that follows.
The second session is mainly devoted to the consideration of the budget. It is transmitted to the Central Government by the Governor of the Province by March 31 of the following year.”
“Article 19
When a serious and persistent political crisis threatens to disrupt the regular functioning of provincial institutions, the President of the Republic may, by a deliberate order in the Council of Ministers and after consultation with the Bureaux of the National Assembly and the Senate, dissolve the Provincial Assembly.
There is a serious and persistent political crisis when:
1. For six consecutive months, the Provincial Assembly is unable to achieve a majority;
2. it cannot meet during a session because of a quorum;
3. During two one-year sessions, the provincial government is overturned twice.
In this case, the Independent National Electoral Commission organizes the provincial elections within sixty days of dissolution.
In case of force majeure, this period may be extended not more than one hundred and eighty days by the Constitutional Court seized by the Independent National Electoral Commission".
Article 2
In Act No. 08/012 of 31 July 2008 on basic principles relating to the free administration of the provinces, section 28 bis reads as follows:
“Article 28 bis
When a serious and persistent political crisis threatens to interrupt the regular functioning of provincial institutions, the President of the Republic may, by a deliberate order in the Council of Ministers and after consultation with the Bureaux of the National Assembly and the Senate, relieve the Governor of a province from his office.
There is a serious political crisis that could lead to the end of the provincial governor's duties when the governor imposes acts contrary to the laws and regulations of the Republic which threaten or interrupt the regular functioning of provincial political institutions.
In this case, the Independent National Electoral Commission organizes the election of the new Governor within thirty days".
Article 3
Sections 20 and 21 of Act No. 08/012 of 31 July 2008 on basic principles relating to the free administration of the provinces are repealed.
Article 4
This Act comes into force on the date of its promulgation.
Done in Kinshasa, 22 January 2013
