The Democratic Republic of Congo's Senate has unanimously approved a controversial referendum law that could open the way for changes to the country's Constitution, intensifying a political debate over whether President Félix Tshisekedi could seek a third term when his current mandate ends in 2028. The legislation was approved on Saturday, October 31, with all The Democratic Republic of Congo's Senate has unanimously approved a controversial referendum law that could open the way for changes to the country's Constitution, intensifying a political debate over whether President Félix Tshisekedi could seek a third term when his current mandate ends in 2028. The legislation was approved on Saturday, October 31, with all DR Congo's Senate has approved a referendum law amid opposition fears that constitutional changes could open the way for President Félix Tshisekedi to seek a third term in 2028.

The Democratic Republic of Congo’s Senate has unanimously approved a controversial referendum law that could open the way for changes to the country’s Constitution, intensifying a political debate over whether President Félix Tshisekedi could seek a third term when his current mandate ends in 2028.

The legislation was approved on Saturday, October 31, with all 78 senators who participated in the vote supporting it. No votes were recorded against the bill, and there were no abstentions.

The approval followed a similar vote in the National Assembly on October 23, where 346 lawmakers voted in favour out of 347 who participated, with one abstention.

The legislation has now been transmitted to President Tshisekedi for promulgation, the next step in the legislative process.

Although the bill is presented as a framework for organising referendums and popular consultations, its passage has attracted considerable political attention because of the possibility that it could facilitate the adoption of a new Constitution.

Opposition groups fear such a process could eventually provide a route for Tshisekedi to remain in office beyond the two terms permitted under the current constitutional arrangement.

What exactly does the referendum law provide?

At the centre of the debate is the proposed legal framework governing when and how a referendum can be organised in the DRC.

The legislation provides for a process through which constitutional changes could be considered, including the establishment of a constituent assembly followed by a referendum in circumstances described as a major dysfunction of state institutions.

A constituent assembly is a body tasked with preparing or considering a constitution or major constitutional changes. Its involvement could therefore take the debate beyond adjustments to individual provisions and towards the possibility of an entirely new constitutional framework.

This is where the controversy begins.

The current Constitution already provides for constitutional revision, but the referendum legislation seeks to establish the conditions and procedures under which such a public consultation can take place.

The Constitutional Court had previously raised concerns about provisions in the original legislation, particularly the need to clearly define the circumstances under which a referendum could be called.

The bill was consequently returned to Parliament for reconsideration. Lawmakers subsequently revised provisions of the legislation before approving it again in the National Assembly and Senate.

The revised text is therefore not, by itself, an amendment to the presidential term limits. Rather, it establishes a framework that could be used in a wider constitutional process.

Why is Tshisekedi’s third term at the centre of the debate?

President Tshisekedi has been in office since January 2019 and is serving his second five-year term following his re-election in December 2023.

Under the existing Constitution, a president is elected for a five-year term, renewable once. This means Tshisekedi’s current mandate is due to end in 2028, and he would ordinarily be constitutionally barred from seeking another term.

Article 220 of the DRC Constitution is particularly important in this debate because it protects the number and duration of presidential terms from constitutional revision.

In other words, the existing constitutional framework does not simply allow Parliament to remove the two-term limit through an ordinary amendment.

However, critics argue that adopting an entirely new Constitution could create a different legal and political situation, potentially reopening questions about presidential eligibility and whether previous terms would count under a new constitutional order.

That possibility has become the central concern among opposition figures who believe the referendum process could ultimately be used to extend Tshisekedi’s stay in power.

It is important to distinguish this concern from what has actually happened: Parliament has approved a referendum law, but the country has not yet adopted a new Constitution, and Tshisekedi has not been granted a third term.

Tshisekedi has previously indicated he could accept another mandate

The debate has also been fuelled by the President’s own public remarks about the possibility of serving another term.

Tshisekedi has previously said that he would accept another mandate if the Congolese people wanted him to continue in office.

His comments have heightened suspicion among opponents who argue that the constitutional reform debate is not merely about improving the country’s institutions but could also have implications for the 2028 presidential succession.

The President’s supporters, however, have defended the need to examine the Constitution and have presented the reform debate as a broader question of institutional arrangements and popular sovereignty.

The distinction between the government’s stated position and the opposition’s interpretation remains central to understanding the controversy.

Opposition questions the process

Opposition groups have strongly criticised the referendum legislation, arguing that it could create an avenue for changing the constitutional rules governing presidential succession.

The opposition coalition known as C64 has been among the groups mobilising against the proposed constitutional changes.

The coalition’s name refers to Article 64 of the DRC Constitution, which calls on citizens to oppose anyone who takes or exercises power in violation of the constitutional order.

Opposition figures have argued that the country should not use constitutional reform to create a pathway for the President to remain in office beyond 2028.

The legislative votes have also raised questions about political participation in the process. The opposition boycotted the recent parliamentary proceedings, meaning the overwhelming votes in favour do not reflect an agreement across the country’s political divide.

The disagreement has extended beyond Parliament, with protests against the proposed constitutional changes reported in Kinshasa and other parts of the country.

Why the constitutional debate matters beyond 2028

The dispute is taking place at a difficult moment for the DRC, which continues to face serious security and political challenges, particularly in its eastern provinces.

The conflict involving the M23 armed group and the broader security crisis have placed enormous pressure on the government, while questions surrounding national unity, territorial control and the organisation of future elections remain unresolved.

This makes the debate over constitutional changes particularly sensitive.

For opponents, reopening the constitutional framework at this stage risks deepening political divisions and creating uncertainty over the rules governing the transfer of power.

For supporters of reform, the argument is that constitutional arrangements should be examined through the country’s legal and democratic institutions, with citizens having a say in any proposed changes.

There is also the question of whether the proposed referendum process can command sufficient political confidence when major opposition groups are challenging its purpose and legitimacy.

What happens next?

The Senate’s approval completes the latest parliamentary stage of the legislation, following the National Assembly’s vote.

The bill has now been sent to President Tshisekedi for promulgation. Its eventual enactment would establish the legal framework for organising referendums, but it would not automatically trigger a referendum or change the presidential term limit.

Any subsequent move towards a new Constitution would raise further legal, political and procedural questions, including the protections contained in Article 220.

For now, the central issue facing the DRC is not whether Tshisekedi has already secured a third term, because he has not.

It is whether the new referendum framework could become the starting point for a constitutional process that fundamentally changes the rules governing presidential succession.

With the President’s current mandate scheduled to end in 2028, the debate is increasingly becoming a defining question in Congolese politics: will the country retain its existing constitutional limits, or will a new constitutional process reshape the political landscape before the next presidential election?

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