ECONOMIC & SOCIAL LAW

Benjamin MAKAMBA MBALANDA
Graduate of Advanced Studies

President: Professor KUMBU ki NGIMBI

Promoter

Professor BAKANDEJA wa MPUNGU

Co-promoter

Professor KOLA GONZE

Secretary

Professor MA TaNA

Member

Professor KALUBA DIBWA

ALTERNATE MEMBERS
PROFESSOR SAKATA M. TAWAB
PROFESSOR DEKOSAKO KPALAWELE

FOREWORD

The more than 300 pages of this dissertation seek to demonstrate that elections are unquestionably the preferred method for legitimizing power. They also argue that there can be no democracy, which some confuse with the rule of law, nor legitimate authority, without elections. In itself, elections not only express the will of a people, but also and above all, they reflect what Saint Thomas Aquinas called the "mystery of civil obedience." However, despite all the advantages of the electoral process, it can also give rise to discontent stemming from the inequality of opportunity between candidates, to which this study attempts to propose some solutions; mainly based on a central question: "Is equality of opportunity between electoral actors possible, in accordance with Articles 21 of the Universal Declaration, 12 and 3 of the Constitution?"
With the hypotheses in the affirmative sense, yes if the State finances the campaign of candidates/political parties, if necessary in the event of budgetary difficulties of the State, set the spending threshold of the candidates, also, prohibit donations (corruption) during the electoral campaign.
Indeed, in Africa, after the first two waves which took place respectively around the 1960s and 1980s, the "third wave" of democratization has reached the continent since the beginning of the 1990s. Democracy itself implies election, the mode par excellence of access to power. But the election in Africa does not sometimes respect certain recommendations such as balance of means to access the management of the Res Publica (article 21 of the Universal Declaration of Human Rights, in the DRC article 12 of the constitution), as everywhere else in the world, the lack of regulation of the campaign can cause concern.
The financing of the electoral campaign, the limitation of the spending threshold of candidates in an electoral district and the prohibition of donations during the electoral campaign, constitutes the main object of our research. All the more so since a crucial problem arises, that of knowing the low budgets that non African States, in this case our dear Country, present. 1/ It is appropriate to recognize that the problem falls entirely within the particularly sensitive area of the public treasury. Therefore, our concern is to propose a successful organization of the election, which can serve as a model in Africa. The thesis is eminently technical. It concerns first of all justice, the keystone of the rule of law. It also interests economists in particular and all jurists in general, because the rule of law, beyond a simple commitment to proclaiming and ethical virtue, requires the means to finance said campaign.