President Félix Tshisekedi has signed a law that makes constitutional referendums easier to organize, but it does not call a vote or decide whether presidential term limits can change.
What the new law changes
Signed November 9 and announced the next day, Law 26/045 replaces a 2005 measure for putting the current Constitution to a popular vote. It sets procedures for constitutional amendments and a new constitution. After the Constitutional Court raised concerns, lawmakers reconsidered it before passage. MP Paul-Gaspard Ngondankoy proposed the law; Tshisekedi did not personally introduce it.
The 2006 Constitution gives presidents five-year terms, renewable once. Tshisekedi took office in 2019, won re-election in 2023 and is due to leave in 2028. Article 220 bars changes to the number and length of terms.
Who can start a referendum
The president, government after cabinet deliberation, half of each parliamentary chamber, or citizens petitioning parliament with at least 100,000 signatures can initiate a referendum. Supporters say the law gives fuller effect to popular sovereignty and expands beyond the 2005 framework.
A direct change to Article 220 would conflict with the Constitution’s ban. Supporters might argue that a new constitution replaces the charter rather than revising a protected clause; opponents say that route could bypass the safeguard. The Constitutional Court upheld the framework, but did not change the Constitution or rule on a specific future proposal. Whether a new charter could reset the presidential clock remains contested.
Why the debate is tense
Tshisekedi has said he has not sought a third term but would accept one if Congolese people wanted it. His camp describes reform as institutional change. Critics cite his remarks and his warning that 2028 elections might not proceed on schedule if fighting in the east leaves territory outside government control. The issues are separate but raise questions about who decides when his tenure ends.
Opposition leaders joined the C64 coalition to resist constitutional change, citing Article 64’s call for citizens to oppose violations of constitutional order. Human Rights Watch documented tear gas and batons at a June demonstration. ACLED later reported that September protests were dispersed and the coalition was divided over talks or more street pressure. The article says referendum legitimacy also depends on whether people can campaign and contest the result.
What happens next
No referendum date has been announced. A vote would require an authorized actor to initiate it and the authorities to organize it. Until then, the law is a framework, not a decision to hold a referendum. The immediate test is whether Tshisekedi’s government uses it and whether parliament, the courts, opposition groups and voters accept the process. At issue is whether the term-limit guarantee remains binding when power changes hands.