DR Congo President Enacts Law Easing Path To Constitutional Referendum

Democratic Republic of Congo President Felix Tshisekedi has enacted a law easing the rules for holding a referendum on constitutional matters, potentially opening the way for changes to the country's constitution. Tshisekedi, who has been president since 2019, is due to leave office in 2028 under the current two term limit. Opposition parties fear the reforms could eventually allow him to seek a third term, although the new law itself does not extend his mandate. Tshisekedi has previously said he has not sought a third term but would accept one if the people wanted it.

Democratic Republic of Congo President Felix Tshisekedi has enacted a new law that makes it easier to organise a referendum on constitutional matters, opening a new stage in the country's ongoing debate over possible constitutional changes.
The law was enacted through an order read on national television overnight from Tuesday into Wednesday. Its main effect is to ease existing requirements for holding a referendum on constitutional questions.
The development has intensified political debate in the country because Tshisekedi is approaching the end of the two terms permitted under the current constitution.
Tshisekedi has been president since 2019 and, under the existing constitutional rules, is expected to leave office at the end of his second five year term in 2028.
Opposition parties have increasingly joined forces to oppose efforts they believe could lead to changes allowing Tshisekedi to seek another term in office.

NEW LAW CHANGES REFERENDUM RULES

The newly enacted legislation changes the legal framework surrounding constitutional referendums.
A referendum allows voters to directly decide on a proposed constitutional change rather than leaving the decision entirely to parliament.
By easing the rules governing such a vote, the new law could make it easier for the government to put constitutional proposals before the Congolese electorate.
The law itself does not automatically give Tshisekedi a third term. Any change to presidential term limits would still require the constitutional process to be completed and approved under the country's legal framework.
However, opposition groups fear that the changes could eventually be used to alter the provisions limiting the number of presidential terms.

TSHISEKEDI'S SECOND TERM APPROACHES ITS END

Tshisekedi became president in 2019 and was re-elected for a second term in 2023.
Under the current constitution, the president can serve a maximum of two five year terms. If the existing rules remain unchanged, Tshisekedi's current mandate would end in 2028 and he would not be eligible to seek another term.
The possibility of changing those rules has therefore become one of the most sensitive political issues in the country.
The president has previously denied that he was seeking to secure a third term.
At a rare news conference in May, Tshisekedi said he had "not sought a third term" but added that if the people wanted him to serve another term, he would accept.
The statement has fuelled further debate over his intentions and the possibility of a constitutional amendment.

OPPOSITION PARTIES UNITE AGAINST POSSIBLE THIRD TERM

Several opposition groups have joined forces in recent months to challenge efforts to change the constitution.
They argue that modifying presidential term limits could weaken constitutional safeguards and allow Tshisekedi to remain in power beyond 2028.
The opposition's concerns come against the background of political tensions that have persisted since Tshisekedi came to power.
For opposition leaders, the referendum process is therefore being closely watched because changes to the rules could eventually determine whether the president is able to seek another mandate.
Supporters of constitutional reform, however, may argue that constitutional changes should be decided through the established legal process and ultimately by voters if a referendum is held.

WHY THE REFERENDUM MATTERS

A referendum would give Congolese voters a direct role in deciding any constitutional changes put before them.
The key question is what provisions the government may eventually seek to change.
If presidential term limits were proposed for amendment, the issue would have major consequences for the country's political transition.
The current constitutional limit is designed to prevent presidents from remaining in office indefinitely and to establish a predictable transfer of power.
Any attempt to remove or alter that limit would therefore be closely watched by political parties, civil society organisations and international observers.
The referendum process could also become a major test of public opinion if the government formally proposes changes affecting the presidency.

CONSTITUTIONAL CHANGE COULD DEEPEN POLITICAL TENSIONS

The enactment of the new law is likely to keep the question of Tshisekedi's political future at the centre of national debate.
The president's supporters may present constitutional reform as a matter for voters to decide, while opposition parties are expected to continue challenging any proposal they believe is designed to extend his time in office.
The disagreement could also affect the wider political environment ahead of 2028.
For the moment, Tshisekedi remains subject to the existing two term limit. The new law does not itself extend his mandate or establish a third term.
The significance of the legislation lies in the fact that it makes the constitutional referendum process easier, creating a possible legal route through which future constitutional changes could be considered.
The coming months will therefore be important as political parties and the public watch for details of any constitutional amendments the government may seek to put before voters.