Tshisekedi Promulgates Law Paving Way for Constitutional Change in DR Congo

President Felix Tshisekedi of the Democratic Republic of the Congo has promulgated a law on November 9, 2026, that sets the conditions for organizing a referendum in the country. This new law, number 26/045, replaces the 2005 law that governed the consultation that led to the Constitution of the Third Republic. The legislation establishes a permanent framework for initiatives, convocation, campaigns, voting operations, and referendum-related disputes.

The law allows for a referendum to be initiated by the president, the government after a Council of Ministers deliberation, or by half of the members of each of the two Chambers of Parliament. Additionally, citizens can solicit a referendum through a petition, under conditions set by the law. The text presents the referendum as a direct expression of national sovereignty, with Congolese citizens aged 18 and above and enjoying their civil and political rights required to participate.

The opposition had made the issue of constitutional change a red line, but has been surprisingly silent since the law's promulgation. A member of the Lamuka coalition stated that the group's leaders are consulting Western capitals, while the regime is refining its plan. The opposition is preparing to counter Tshisekedi's move, with some describing the law as a Trojan horse that could allow the government to bypass the current constitution's protections.

The current constitution's article 220 prohibits any revision that would alter the number and duration of presidential terms. However, the new law could allow for a new constitution to be adopted, potentially removing these protections. The opposition fears that this could enable Tshisekedi to seek a third term in office. The Coalition article 64, which had previously opposed any constitutional change, has been conspicuously silent on the issue.

The law's author, Deputy Paul-Gaspard Ngondankoy, defends it as a measure that would allow for a new constitution to be adopted with the support of the people. He claims that a new constitution would require a petition of 250,000 signatures and would not be a means to bypass the current constitution's protections. However, this has not alleviated suspicions that the law is a step towards allowing Tshisekedi to seek a third term.

Some opposition parties, such as the Mouvement d'action pour le redressement du Congo (MARC), have denounced the law as an act of high treason. The party's leader, Claudel André Lubaya, stated that the law undermines the constitutional balances established by the Sun City agreement and threatens democratic alternation and national cohesion.

The promulgation of the law has sparked concerns about the potential for constitutional change and its implications for the country's democracy. The opposition's response, or lack thereof, will be crucial in determining the outcome of this development.

Key points

• The law allows for a referendum to be initiated by the president, government, or parliament, and citizens can also solicit a referendum through a petition.