@article{2019:minga:recusation,
title = {Recusation du Juge dans la Procedure Civile : Cadre Juridique et Enjeux Actuels},
year = {2019},
note = {This study focuses on the analysis of the legal framework and the
current challenges of the judge's challenge in Congolese civil
proceeding. It demonstrates that curently the challenge of the judge
is governed mainly by the provisions of Articles 49 to 59 of the
organic law on the organization, functioning and jurisdiction of the
courts of the judiciary. To these provisions are added the provisions
of Articles 36 to 42 of the Act of 16 October 2002 on the
establishment, organization and functioning of labor courts, as well
as those of Article 16 of the Act of 3 July establishing, organizing
and operating Commercial courts. Although resuming the main causes of
disqualification provided for by the majority of State legislation,
the provisions governing recusation currently in the Democratic
Republic of Congo do not cover the grounds giving rise to the
disqualification of the judge. This is a weakness in the guarantee of
impartiality of the judge which is considered the first requirement of
the judge function. As a result, the study reveals that challenges to
judges are rarely resolved in the courts. This situation is primarily
due to the need for the judges involved to deport automatically
without waiting for the outcome of the proceedings and, secondly, the
non-respect of the procedure by the litigants and the difficulty for
them to prove evidence of bias on the part of the judge.},
journal = {KAS African Law Study Library},
pages = {186--204},
author = {Minga, Clément Shamashanga},
volume = {6},
number = {2}
}