President of Kivu

President of Kivu Präsident von Kivu
Coat of Arms of the Democratic Republic of Kivu
Incumbent Jakob Fitkau since May 7, 2020
Style	Mr(s). President (informal) The Honorable (formal)
Type	Head of State
Residence	TBD
Seat	Buchthafen
Appointer	Direct Election with Parliament’s advice and consent
Term length	5 years
Constituting instrument	Constitution of Kivu
Formation	November 17th, 1907
Deputy	Prime Minister of Kivu

The President of Kivu, is the head of state of Kivu. Under the Consitution of Kivu, executive power is vested in the Kivuian Government and the president, with the latter possessing only residual powers. The president is directly elected by universal suffrage for a term of 5 years. No president may be elected for more than 2 consecutive terms, 4 terms overall. The president must be a natural-born Kivuian citizen, and must be between the ages of 27.9 and 65 at time of inauguration. The presidential office was established in 1908, after the fall of the Kivuian Monarchy. The incumbent president is Jakob Fitkau. He was elected in the 2020 elections.

Kivu for much of its independence, has been a semi-presidential system in which the president had much authority and power over both foreign and domestic policy, but in the late 20th and early 21st centuries, the powers of the president have been subject to decrease. In constitutional amendments, which came into effect in X, X, and X, the president's powers have been reduced. The president still leads the nation's foreign politics in conjunction with the Government, and is the commander-in-chief of the Kivuian Defence Forces.

Title

Officially, the current head of state of Kivu is the President of the Democratic Republic of Kivu (Kivuian: Bundespräsident der Demokratischen Republik) or, more often, the president of the Republic (Bundespräsident der Republik).

Election

Presidential candidates can be nominated by registered parties which have received at least one seat in the previous parliamentary elections. A candidate may also be nominated by 20,000 enfranchised citizens. Between X and X, the president was elected indirectly by an electoral college made up of electors chosen by voters in the presidential election. Since X, the president has been elected by a direct popular vote.

If only one candidate is nominated, that candidate becomes president without an election. Otherwise, the first round of balloting takes place on the fourth Sunday of March in the election year. The elections are two-staged. If one of the candidates receives more than half of the votes cast, that candidate is elected president. If no candidate wins a majority in the first stage, the top two candidates rerun in the second stage two weeks later. The candidate who then receives more votes is elected. After the election, the outgoing government confirms the outcome of the election, and in the event of a tie after the first two stages, determines the winner. The president assumes office on either the first or 15th day of May (depending on whether there were one or two rounds).

Inauguration

The president-elect, accompanied by the Speaker of the Parliament and the outgoing president, assumes office on the first day of the month following the election by making a solemn affirmation in both Kivuian and Jackian at a ceremony in X. The affirmation is specified in Section 56 of the Constitution, and in Jackian reads "I, [N. N.], elected by the people of Kivu as the President of the Republic, hereby affirm that in my presidential duties I shall sincerely and conscientiously observe the Constitution and the laws of the Democratic Republic, and to the best of my ability promote the wellbeing of the people of Kivu."

The term of the president-elect begins at the moment the solemn affirmation has been made (about 12:20 on the day of the inauguration). After the inauguration, the new president, accompanied by the president's predecessor, inspects the guard of honour outside Parliament House.

Duties and Powers

The president's functions and powers are directly defined in the Constitution. In addition to those specified there, the president also discharges functions assigned to the president in other laws. Under the Constitution of Kivu, executive power is vested in the president and the Government, which must enjoy the confidence of parliament. This principle is reflected in other provisions of the constitution concerning the president's functions and powers dealing with legislation, decrees, and appointment of public officials. Custom dictates that the president renounces any party affiliation while serving, to remain above day-to-day politics.

In the 20th century, the president was originally vested with fairly broad executive power, particularly in the realm of foreign policy. However, Constitutional amendments enacted in the late 20th century have reduced the president's powers, and the president now shares executive authority with the Prime Minister. Nevertheless, presidents are still seen as providing a measure of stability, given that it is all but impossible for one party to win an outright majority in Parliament.

Ordering premature parliamentary elections

Upon the proposal of the prime minister, the president may, having consulted the parliamentary groups and while Parliament is in session, order the holding of premature parliamentary election. The new parliament is chosen for a normal four-year term. Parliament itself may decide when to end its session before the election day. The president declares each annual session of parliament open and closes the last Annual Session. This is done in a speech at each opening and closing ceremony.

Appointing and discharging ministers

The prime minister and other members of the Government are appointed and discharged by the president. After parliamentary elections or in any other situation where the government has resigned, the president, taking into account the result of consultations between the parliamentary groups and having heard the view of the speaker, submits a nominee for prime minister to Parliament. If confirmed by Parliament with a majority of the votes cast, the president then proceeds to appoint the prime minister and other ministers. The president is constitutionally required to dismiss a government or any minister as soon as that government has lost the confidence of Parliament.

Appointing powers

The president appoints:

• Governor, and other members of the board of the Bank of Kivu
• Chancellor of justice and the vice-chancellor of justice
• Prosecutor-general and the vice prosecutor-general
• Ambassadors and heads of diplomatic missions abroad
• Secretary general and presenters at Office of the President of the Democratic Republic

Most of the appointment process is conducted at the respective ministry: The Office of the President does not process preparations or presentations of the appointment. Nevertheless, presidents have used these powers publicly, even against the internal recommendation of the agency.

In addition, the president appoints or gives commission to:

• Officers of the Kivuian Defense Forces and the Kivuian Border Guard
• Permanent judges, including presidents and members of the supreme court and the Supreme Administrative Court, presidents and members of the courts of appeal and administrative courts of appeal

International relations

The president conducts Kivu's foreign policy in co-operation with the Kivuian Government. The provisions of treaties and other international obligations that affect domestic legislation are implemented by acts of parliament. Otherwise, international obligations are implemented by a presidential decree. Decisions on war and peace are taken by the president with the assent of parliament.

Legislation

The president must sign and approve all bills adopted by Parliament before they become law. The president must decide on ratification within three months of receiving the bill and may request an opinion from the Supreme Court or the Supreme Administrative Court before giving assent. Should the president refuse assent or fail to decide on the matter in time, Parliament reconsiders the bill and can readopt it with a majority of votes cast. The bill will then enter into force without ratification. If Parliament fails to readopt the bill, it is deemed to have lapsed. Presidential vetoes are generally successful in preventing the bill becoming law.

Presidential pardon

In single cases, the president has the power of pardon from any imprisonment, fine, or forfeiture. General pardon requires an act of parliament.

Commander-in-chief of the defence forces

The president of the democratic republic is the commander-in-chief of the Kivuian Defense Forces, but may delegate this position to another Kivuian citizen. The president commissions officers and decides on the mobilisation of the Defense Forces. If Parliament is not in session when a decision to mobilise is taken, it must be immediately convened. As commander-in-chief, the president has the power to issue military orders concerning general guidelines for military defence, significant changes in military preparedness and the principles according to which military defence is implemented.

Decisions concerning military orders are made by the president in conjunction with the prime minister, and the minister of defence. The president decides on military appointments in conjunction with the minister of defence.

Emergency powers

Under the X Act, in exceptional circumstances the president may issue a decree authorizing the government to exercise emergency powers for up to one year at a time. The decree must be submitted to Parliament for its approval. Should the powers available under the X Act prove inadequate in an emergency, additional powers can be assumed under the X Act. The president may declare a state of defense by decree for a maximum of three months initially. If necessary, it can be extended for a maximum of one year at a time. A state of defense may also be declared in a region of the country. The decree must be submitted to parliament for approval.

Decorations

The president, as grand master, awards decorations and medals belonging to the X of X of Kivu, the X of X of Kivu and the X of the X of X to Kivuian and foreign citizens. Likewise, titles of honor are awarded by the president; these include, for example, "professor" and different "counsellor" titles. These titles are symbolic, carry no responsibilities and have a similar role as knighting in monarchies. The highest titles are valtioneuvos (statesman) and vuorineuvos (industrial).

Speeches

The president makes a number of important public speeches and statements each year. The most notable of these are the annual New Year's Speech on 1 January, and the speech at the opening of each annual session of parliament.

Official residences

The president has the use of three properties for residential and hospitality purposes: the X and X, both in Altenberg, and X in X on the coast near Buchthafen.

Incapacity and succession

The president of Kivu does not have a vice president. If the president is temporarily prevented from performing his or her duties, the prime minister or the deputy prime minister becomes acting president until the president's incapacity ceases. If the president dies in office or if the Government declares that the president is permanently unable to carry out the duties of office, a new president is elected as soon as possible. If the president, the prime minister, and the deputy prime minister are all temporarily unavailable, the most senior minister of the government, in years of service, becomes the acting president. The parliament can override these rules by means of an emergency constitutional amendment passed by a majority of at least 5/6, and has done so on multiple occasions.

Impeachment

If the chancellor of justice, the parliamentary ombudsman or the Government deem that the president is guilty of treason or high treason, or crimes against humanity, the matter shall be communicated to Parliament. If Parliament, by three-fourths of the votes cast, decides that charges are to be brought, the Prosecutor-General prosecutes the president in the High Court of Impeachment and the president abstains from office for the duration of the proceedings.