Cablegate: Drc Elections: Supreme Court Removes Bemba Ally
VZCZCXRO0887
PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #1714 3101625
ZNR UUUUU ZZH
P 061625Z NOV 06
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC PRIORITY 5120
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 001714
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV KDEM CG ELECTIONS
SUBJECT: DRC ELECTIONS: SUPREME COURT REMOVES BEMBA ALLY
FROM NATIONAL ASSEMBLY
1. (U) The DRC's Supreme Court overturned the July 30
election to the National Assembly of a close ally of Vice
President Jean-Pierre Bemba November 2 on grounds of voter
intimidation and fraud. Roger Lumbala, president of the RCD/N
political party, had his victory annulled after the Court
found he and a colleague had conspired to steal witness
accreditation badges with the intent of confusing voters in
the Eastern Kasai district of Miabi. The Court awarded the
seat to Joseph Lumbala, an independent candidate who received
the next highest number of votes.
2. (U) Joseph Lumbala had brought the complaint before the
court September 8, charging that Roger Lumbala and a former
member of his militia stole 17 political party witness
accreditation badges and gave them to their supporters to
intimidate polling station officials and to confuse voters
into choosing Roger Lumbala over Joseph Lumbala. Joseph
Lumbala alleged fraud was the reason he received fewer votes
than Roger Lumbala at those 17 stations, while considerably
outpolling him in the rest of the district.
3. (U) The Court stated it had verified the allegations
through the testimony of the head of a voting center and the
leader of a group of election observers. It ruled that while
the absence of witnesses is not sufficient cause to
invalidate the vote, it was justified in this case because
the witnesses were forcefully excluded from the electoral
process specifically to disadvantage a competing candidate.
Such irregularities, the Court said, had a determining
influence on the results in the 17 polling stations affected.
4. (U) The RCD/N is allied with Bemba's Union for the Nation
alliance in the National Assembly. The loss of Roger
Lumbala's seat will not affect the balance of power in the
Assembly, and Joseph Lumbala is reportedly not aligned with
either Bemba or Kabila.
5. (SBU) It is unclear whether Roger Lumbala will, or can,
challenge the ruling. There are no apparent provisions in the
DRC's electoral law for an appeal in such cases. MONUC
political officers told us that Roger Lumbala failed to
appear and did not argue his case before the Court, but it is
unknown if the Court failed to notify him or whether he chose
not to attend.
MEECE