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The mandate of the National Deputy commences with the validation of the powers
by the National Assembly and expires with the installation of the new Assembly.
Paragraph 2: Of the Senate
• Second chamber selection
Article 104
The members of the Senate have the title of Senator.
The Senator represents his Province, but his mandate is national.
Any imperative mandate is null.
The candidates for Senator are presented by the political parties or by the political
groups. They may also present themselves as independents.
They are elected at the second degree by the Provincial Assemblies.
Each Senator is elected together with two substitutes.
The former elected Presidents of the Republic are[,] of right[,] Senators for life.
The number of the Senators as well as the conditions of their election and eligibility
are determined by the electoral law.
• Term length of second chamber
Article 105
The Senator is elected for a mandate of five years. He is re-eligible.
The mandate of the Senator commences with the validation of the powers by the
Senate and expires at the installation of the new Senate.
• Eligibility for second chamber
Article 106
• Minimum age for second chamber
No one may be a candidate [to] membership in the Senate if they do not fulfill the
conditions as follows:
1. to be Congolese;
2. to be 30 years of age at least;
3. to enjoy full civil and political rights;
4. to not be subject to one of the causes of exclusion specified by the electoral
law.
Paragraph 3: Of Immunities and of Incompatibilities
• Immunity of legislators
Article 107
No parliamentarian may be prosecuted, searched, arrested, detained or judged as a
result of opinions or votes emitted by him in the exercise of his functions.
A parliamentarian may, during the sessions, be prosecuted or arrested only with the
authorization of the National Assembly or of the Senate, as the case may be, except
in cases of flagrante delicto.
Congo (Democratic Republic of the) 2005 (rev. 2011)
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