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ConCourt approves controversial referendum law

Publish date: 03 August 2026
Issue Number: 1188
Diary: IBA Legalbrief Africa
Category: DRC

The DRC’s Constitutional Court has approved a controversial referendum law that critics say could pave the way for President Félix Tshisekedi to seek a third term in office, reports africanews. In a ruling announced on state television, the court said the proposed legislation complies with the Constitution. The law would allow the President to amend the Constitution through a constituent assembly followed by a referendum in the event of what it describes as a ‘major dysfunction’ of state institutions. However, the judges raised concerns over provisions that would have allowed the President to call a referendum on any issue considered to be of ‘fundamental’ importance. The Bill was passed by Parliament in June, where Tshisekedi's coalition holds a comfortable majority. It now awaits the President's signature before becoming law. Under the current Constitution, the President is limited to two five-year terms, with Tshisekedi's second and final mandate due to end in 2028. The Constitution also states that presidential term limits cannot be revised. Although Tshisekedi has repeatedly denied seeking a third term, he said in May that he would accept another mandate if requested by the Congolese people. The opposition has strongly criticised the reform, arguing that it could undermine constitutional safeguards. The debate comes as the country faces mounting security challenges, including renewed fighting with the Rwanda-backed M23 rebel group in the east and a growing Ebola outbreak.

Full africanews report

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