constituteproject.org PDF generated: 18 Apr 2016, 15:22 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) Page 26

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