Democratic Republic of Congo (DRC) President Félix Tshisekedi has signed a new law establishing procedures for organising referendums, reigniting debate over the country’s constitutional future and presidential term limits.
The law, signed on November 9, 2026, replaces the previous legislation of June 22, 2005, which was primarily designed to facilitate the referendum that approved the country’s current Constitution.
Supporters of the new legislation argue that the 2005 law had several shortcomings and that a broader legal framework was needed to implement Article 5 of the Constitution. The article states that national sovereignty belongs to the people, who exercise it through elections and referendums.
However, the most controversial aspect of the new law concerns provisions that could allow a new Constitution to be adopted or existing constitutional provisions to be amended through a referendum under circumstances described as an “extreme emergency.”
The provisions, which reportedly draw on decisions issued by the Constitutional Court in 2021 and July 2026, have raised concerns among opposition groups about the possibility of changing constitutional rules governing presidential terms.
Article 220 of the current Constitution prohibits amendments to certain fundamental provisions, including the number and duration of presidential terms.
Opposition figures, particularly members of the C64 coalition, fear that adopting an entirely new Constitution could provide a way around Article 220, potentially allowing Tshisekedi to remain in power beyond the constitutionally permitted two terms.
Tshisekedi’s supporters, however, argue that referendums are a democratic mechanism for giving citizens a direct voice in major national decisions. They maintain that the people should have the final say on important constitutional questions affecting the country’s future.
Under the new law, a referendum can be initiated by the President, the Government following deliberations in the Council of Ministers, half of the members of either chamber of Parliament, or at least 100,000 citizens through a petition submitted to Parliament.
The legislation also establishes procedures governing referendum campaigns, voting, election monitoring, dispute resolution and the prosecution of offences committed during the referendum process.
The debate comes as the DRC prepares for its next presidential election, scheduled for 2028. Under the current Constitution, Tshisekedi would not be eligible to seek another term after completing the two terms permitted by law.
The new legislation has therefore brought renewed attention to the constitutional debate and questions about the country’s political direction ahead of the 2028 elections.