Tribunal de Paix de Gombe
| Gombe Peace Court | |
|---|---|
French: Tribunal de Paix de Gombe | |
 | |
| General information | |
| Type | Courthouse |
| Architectural style | Modern |
| Location | 6 Avenue de la Mission, Gombe, Kinshasa |
| Country | Democratic Republic of the Congo |
The Tribunal de Paix de Gombe (meaning "Gombe Peace Court") constitutes one of the eight peace courts located in Kinshasa, Democratic Republic of the Congo.[1] It is situated at 6 Avenue de la Mission in the Gombe commune, strategically adjacent to the headquarters of the judicial police of the Public Prosecutor's Office.[2] The court holds jurisdiction over a wide range of legal matters, including civil and criminal cases. Its authority aligns with the territorial boundaries of the Court of Appeal of Gombe, allowing it to preside over the communes of Gombe, Lingwala, Kinshasa, and Barumbu.[2][1]
History
[edit]The establishment of the Tribunal de Paix de Gombe is rooted in legislative enactment n° 68-248, promulgated on 10 September 1968.[3] This statute mandated the establishment of peace courts in every town and municipality, which supplanted the former police courts and customary jurisdictions.[3][4] In Kinshasa, this legislative directive was operationalized through order n° 79–105, issued on May 4, 1979, which was pivotal in designating the head offices and specifying the duties of the newly instituted peace courts.[5] Notably, Article 1 of this order played a key role in establishing eight peace courts within Kinshasa, including the contemporary Tribunal de Paix de Gombe.[6][3][5]
Organization
[edit]The Tribunal de Paix de Gombe is structured into several key components, including two councils: a council of magistrates composed of one president, one or several judges, and at least two assessors. There is also a council of clerks headed by a head clerk, as elucidated by the combined reading of articles 24 and 27 of J.O.C. Code.[6] In addition, there is a provision for a secretariat.[6] Despite the presence of assessor judges as required by the legislator, they are scarcely visible in the courtroom and are seldom involved in court proceedings.[2]
The Council of Magistrates
[edit]The President of the Court
[edit]The President of the Tribunal de Paix de Gombe is the head of the jurisdiction, responsible for coordinating all activities within the court.[6] This role encompasses both administrative and judicial functions, including the allocation of cases to different chambers, setting hearing dates, organizing conservatory seizures, and convening plenary meetings. The President also holds disciplinary power over magistrates and plans working sessions to ensure the smooth functioning of the judiciary. In the President's absence, the eldest judge, based on the order of appointments, substitutes him.[6]
Judges of the Peace
[edit]Judges of the Peace are the magistrates entrusted with the mission to interpret and apply the law, settling disputes based on legal principles and their inner convictions.[6] They are crucial in maintaining the rule of law and ensuring justice is served fairly and impartially.[6]
Assessor Judges
[edit]Assessor Judges are notable individuals who assist a Judge of the Peace when customary law is applicable.[6] Appointed by the Minister of Justice from local notables, they bring local customs and traditions into judicial proceedings, ensuring that justice is culturally relevant and community-oriented.[6]
The Council of Clerks
[edit]The Chief Clerk
[edit]The Chief Clerk is a career agent of the State public services, tasked with supervising all administrative services and coordinating the activities of the clerk's office.[6] The Chief Clerk assists judges with certain judicial acts, manages judicial documents, and maintains records of orders, appeals, and opposition. Exercising disciplinary power over subordinate clerks, the Chief Clerk is supervised by the Divisional Clerk of the high court.[6]
Clerk's Penal Office
[edit]This office handles all repressive cases initiated by the public prosecutor or parties. It maintains the penal role (PR), submits files for hearing dates, and ensures all procedural steps are followed. The penal clerk is also responsible for typing judgments, preparing appeal inventories, and compiling annual penal matter reports.[6]
Clerk's Civil Office
[edit]The Civil Office deals with family law matters such as adoption, guardianship, marriage, and divorce, as well as personal disputes.[6] It records cases in the civil role (CR), forwards files to the President for chamber allocation, and sets hearing dates.[6]
Clerk's Execution Office
[edit]This office executes court decisions, primarily dealing with seizures and other enforcement actions. It maintains the process server role and ensures that all judicial decisions are implemented effectively.[6]
Clerk's Account Office
[edit]Headed by an accountant, this office compiles statistics, collects judicial income, and manages public and private funds.[6] The accountant works with the comptroller from the Central Office of administrative, judicial, property income, and contributions (DGRAD) to ensure accurate financial management.[6]
Clerk's Office of Juvenile Delinquency
[edit]This office handles cases involving minors in conflict with the law, specifically children under sixteen years old. It maintains records in the delinquent childhood role (RDC) and ensures that juvenile cases are processed appropriately.[6]
The Secretariat
[edit]The Secretariat supports the court's administrative functions, such as typing documents, managing protocols, and coordinating mail, to ensure smooth communication and documentation flow within the jurisdiction.[6]
Judicial competence
[edit]The competence of the Tribunal de Paix de Gombe is categorized into penal and civil matters, each with specific material, territorial, and personal competence.[6]
Penal or repressive matters
[edit]Material competence
[edit]The court handles offenses punishable by up to five years of penal servitude and fines, including legislation on wandering, begging, and juvenile delinquency. It also authorizes preventive detention and executes its decisions.[6]
Territorial competence
[edit]The court's territorial jurisdiction is determined by the location of the offense, the residence of the accused, or their place of arrest. It can also try co-perpetrators and accomplices in related offenses within its jurisdiction.[6]
Personal Competence
[edit]The court tries all individuals without jurisdictional privileges. However, only the Judge of Peace can authorize preventive detention, except for Supreme Court beneficiaries, whose detention is authorized by the Supreme Court.[6]
Civil matters
[edit]Material competence
[edit]The court applies the Code of the Family, authorizes detention sentences and conservatory seizures regardless of the dispute value, and executes genuine acts.[6]
Territorial competence
[edit]In civil cases, only the judge from the defendant's location is competent.[6]
Personal competence
[edit]The court is competent to judge any individual without exception in civil matters.[6]
References
[edit]- ^ a b "Ordonnance 79-105 fixant les sièges et ressorts des tribunaux de paix de la ville de Kinshasa" [Ordinance 79-105 establishing the seats and jurisdictions of the peace courts of the city of Kinshasa] (PDF). Droitcongolais.info (in French). Kinshasa, Democratic Republic of the Congo. 28 September 1979. p. 1. Retrieved 26 June 2024.
- ^ a b c Lumingu, Yves-Junior Manzanza. "Organisation and Running of Peace Courts in Kinshasa: Number and competence of peace courts, appointment and dismissal of judges" (PDF). Hamann-legal.de. Kinshasa, Democratic Republic of the Congo: University of Kinshasa. p. 17. Retrieved 26 June 2024.
- ^ a b c Mudima, Benjamin Kaninda (2008). "Rapport de stage effectué au Tribunal de Paix de Kinshasa/ Gombe en RDC" [Internship report carried out at the Peace Court of Kinshasa/Gombe in the DRC] (in French). Kinshasa, Democratic Republic of the Congo: University of Kinshasa. Retrieved 26 June 2024.
- ^ "Organisation et fonctionnement des tribunaux de paix à Kinshasa" [Organization and operation of the peace courts in Kinshasa]. Congovirtuel.com (in French). Retrieved 26 June 2024.
- ^ a b "Journal Officiel de la Republique du Zaire" [Official Journal of the Republic of Zaire] (PDF). Droitcongolais.info (in French). Kinshasa, Democratic Republic of the Congo. 15 May 1979. pp. 2–3. Retrieved 26 June 2024.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z Lumingu, Yves-Junior Manzanza. "Organisation and Running of Peace Courts in Kinshasa: Number and competence of peace courts, appointment and dismissal of judges" (PDF). Hamann-legal.de. Kinshasa, Democratic Republic of the Congo: University of Kinshasa. pp. 3–7. Retrieved 26 June 2024.