DRC Constitutional Court validates referendum law for potential third Tshisekedi term with reservations

This law could potentially allow President Félix Tshisekedi to seek a third term, although the court expressed "reservations" about certain articles. President Tshisekedi, in power since 2019, will conclude his second term at the end of 2028. The Congolese Constitution states that the number and duration of presidential terms cannot be revised.

The opposition, weakened after the 2023 presidential election, has recently united against this proposed law, which aims to modify the conditions for organizing a constitutional referendum. Dieudonné Kamuleta Badibanga, president of the Constitutional Court, stated that the court deemed the "law establishing the conditions for a referendum" in the DRC to be constitutional. The court specifically validated articles that would allow the President to change the Constitution through a constituent assembly and a referendum in cases of "major dysfunction" of institutions.

However, it raised "reservations" regarding other controversial articles, including one that would permit the head of state to request a referendum on any issue deemed "fundamental." The referendum bill was adopted by Parliament in mid-June, where the presidential alliance holds a significant majority. Following the Constitutional Court's approval, the head of state must still decide on its promulgation.

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