Court of Cassation (Democratic Republic of the Congo)

The Court of Cassation (French: Cour de cassation) is the main court of last resort in the Democratic Republic of the Congo. It is headquartered in Gombe, Kinshasa, within the Palace of Justice.

The court was established by the Constitution of 18 February 2006 and serves as the supreme authority on judicial legal matters. Its creation signaled a fundamental reform of the Congolese judicial system by replacing the former unified structure dominated by the Supreme Court of Justice. The Court of Cassation does not reassess facts as a third-instance court; rather, its mission is to uphold the rule of law by verifying that lower courts and tribunals have complied with legal provisions, procedural rules, and jurisdictional requirements. Through cassation appeals, it reviews the lawfulness of final judgments delivered by civil and military courts. The Court has original and final jurisdiction over offenses committed by several high-ranking political, administrative, and judicial officials, including members of Parliament, senior government officials other than the prime minister, judges of the highest courts, and provincial authorities. It may also hear, as a court of second instance, appeals against first-instance judgments delivered by Courts of Appeal in cases specifically provided for by law.

Institutionally, it exemplifies the independence and specialization of the judicial order under the 2006 Constitution, as it is devoted exclusively to judicial matters, unlike the former Supreme Court of Justice, which combined judicial, administrative, and constitutional functions. The First President of the Court of Cassation is a member of the General Assembly responsible for decisions falling within the competence of the Supreme Council of the Judiciary (Conseil supérieur de la magistrature, CSM). Per Congolese law, the compulsory retirement age for magistrates on the Court of Cassation is 70 years old.