KINSHASA: The Democratic Republic of Congo’s National Assembly has overwhelmingly approved a law regulating the organisation of referendums, a significant legislative development amid growing political tensions over possible constitutional changes that could allow President Félix Tshisekedi to seek a third term.
The legislation was adopted on Friday, October 23, with 346 of the 347 lawmakers participating voting in favour.
No legislator opposed the bill, while one abstained.
The vote followed the revision of 13 articles to address observations raised by the Constitutional Court, which had previously declared the legislation consistent with the Constitution but identified provisions requiring reconsideration.
President Tshisekedi subsequently requested Parliament to re-examine the affected provisions.
The National Assembly’s Political, Administrative and Legal Commission reviewed the legislation and reformulated the 13 articles before presenting its report to the plenary.
Lawmakers endorsed the amendments before approving the revised legislation.
National Assembly Speaker Aimé Boji Sangara welcomed the outcome, saying the vote “demonstrated Parliament’s commitment to exercising its constitutional responsibilities and strengthening democracy and the rule of law.”
However, the legislation carries wider political implications in a country already divided over the future of its Constitution and presidential term limits.
Tshisekedi, who assumed office in January 2019, is serving his second five-year term, which is scheduled to expire in 2028.
Article 220 of the Congolese Constitution explicitly prohibits amendments to the number and duration of presidential terms, while Article 218 establishes procedures for constitutional revisions, including approval through a referendum or a three-fifths majority of Parliament sitting in Congress. 
The referendum legislation has become controversial because it provides a mechanism for constitutional changes under circumstances described as a major dysfunction of state institutions.
Opposition figures, including Martin Fayulu, have warned that the proposed changes could “weaken constitutional safeguards” and potentially facilitate Tshisekedi’s continued stay in power beyond 2028.
The government and supporters of the legislation have defended the reforms as part of the country’s constitutional and democratic processes.
The dispute has already triggered opposition demonstrations in Kinshasa, some of which resulted in confrontations with security forces.
The debate is unfolding against a backdrop of heightened insecurity in eastern Congo, where government forces continue to confront armed groups, including the Rwanda-backed M23, while Kinshasa faces mounting pressure to address displacement and humanitarian needs.
The Constitutional Court’s earlier review also raised concerns about provisions that would have allowed the president to call referendums on broadly defined matters of fundamental national importance.
Friday’s parliamentary approval does not itself amend the Constitution, extend Tshisekedi’s tenure or announce a referendum date.
Nevertheless, the vote marks an important step in establishing the legal framework for future nationwide votes, with attention now turning to how the government intends to use the legislation and whether its implementation will intensify the dispute over presidential succession.
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