The Democratic Republic of Congo’s constitutional reform debate is intensifying, with opposition parties, religious leaders and civil society groups warning that changing the Constitution at this stage could deepen political tensions and create uncertainty ahead of the 2028 presidential elections.
The debate gained momentum after the Constitutional Court clarified the scope of a referendum law, ruling that consultations could address issues of major national importance, including constitutional revision and the sovereign right of the Congolese people to adopt a new Constitution. The Court also recognised that a referendum could cover questions such as the transfer of the capital and territorial exchanges, while deleting provisions that could have expanded the referendum beyond matters explicitly provided for in the Constitution.
The ruling effectively opens a legal pathway for a future national consultation on constitutional issues, but it has also intensified fears among opponents who believe the process could be used to alter presidential term limits.
President Félix Tshisekedi, who was re-elected for a second term in December 2023, has not formally presented a final constitutional reform proposal. However, discussions around revising the country’s supreme law have triggered strong political reactions because Article 70 of the Constitution limits the president to a maximum of two terms.
For Tshisekedi’s critics, the timing of the debate is the main concern. They argue that constitutional reform only a few years before the 2028 presidential election could create a pathway for changing the political rules while the current president remains in office.
The Coalition Article 64, which brings together opposition figures including Martin Fayulu, Moïse Katumbi, Delly Sesanga and Jean-Marc Kabund, has rejected any constitutional change that could remove presidential term limits. The coalition says the priority should be strengthening democratic institutions, improving electoral credibility and addressing the country’s security crisis.
Delly Sesanga has accused the government of pursuing reforms motivated by political interests rather than national needs, warning that opposition forces would resist any attempt to weaken constitutional safeguards.
Martin Fayulu and Moïse Katumbi have also maintained that the current Constitution should be preserved, arguing that the country’s biggest challenges are insecurity, corruption, unemployment and weak public services rather than constitutional restructuring.
The concerns have also been echoed by major religious institutions. The National Episcopal Conference of Congo (CENCO) and the Church of Christ in Congo (ECC) have called for caution and urged political actors to prioritise dialogue.
In Bukavu, civil society organisations have repeated the position expressed by the religious leaders, arguing that “there is neither a need, nor an opportunity, nor a necessity” to modify the Constitution at this time. They say the wiser path is the organisation of an inclusive national dialogue bringing together government, opposition, civil society and other stakeholders to address the country’s challenges.
Supporters of reform argue that the 2006 Constitution, adopted after years of conflict and political transition, needs to be updated to reflect the country’s current realities. They say a referendum would allow Congolese citizens themselves to decide the future of their institutions.
Key facts about the constitutional debate:
• The current Constitution of the Democratic Republic of Congo was adopted in 2006 following a transition period after two major wars that devastated the country between 1996 and 2003.
• Article 70 of the Constitution states that the President of the Republic is elected for a five-year term, renewable once.
• Félix Tshisekedi won the December 2023 presidential election and began his second term in January 2024.
• The next presidential election is expected in 2028, making the constitutional debate politically sensitive.
• The Constitutional Court has confirmed that a referendum may address constitutional revision, the adoption of a new Constitution, the transfer of the capital and territorial exchanges.
• Kinshasa has been the capital of the DRC since independence in 1960. Any proposal to relocate the capital would represent one of the largest administrative changes in the country’s history.
• The DRC is Africa’s second-largest country by land area and holds some of the world’s largest reserves of cobalt, copper, lithium and other strategic minerals.
• The constitutional debate is unfolding as eastern DRC remains affected by armed conflict, including fighting involving the M23 rebellion, which has displaced millions of people and created a major humanitarian crisis.
The political consequences of the reform process could be significant. A transparent and inclusive process could lead to institutional reforms accepted by a wider section of society. However, if the initiative is perceived as an attempt to extend presidential power, it could trigger protests, deepen political divisions and weaken confidence in state institutions.
The debate also risks distracting attention from urgent national priorities, including restoring peace in eastern provinces, improving governance and addressing economic challenges.
For President Tshisekedi, the constitutional question could become the defining political issue of his second term.
The coming months will determine whether the process develops into a broad national conversation on governance or becomes another chapter in Congo’s long-running struggle over political power.