Constitutional council rejects pastef-led constitutional reform

Senegal’s Constitutional Council has struck down the ambitious institutional reform bill spearheaded by the ruling Pastef party’s parliamentary majority. The council ruled the proposed amendments unconstitutional, dealing a major setback to the party’s reform agenda.

The reform, which aimed to rebalance institutional powers, was passed by the National Assembly where the ruling party holds a strong majority. However, the council identified two critical violations: the absence of a financing mechanism for the new Constitutional Court envisaged by the reform and procedural irregularities during the examination of government amendments.

Adji Diarra Mergane Kanouté, former MP and leader of the USD/A party, emphasized that while the ruling is a setback, it does not entirely close the door on future reforms. She highlighted that any new legislative effort must comply with constitutional requirements, particularly regarding public expenditure and parliamentary procedures:

“While the Constitutional Council has rejected the bill, the National Assembly can still initiate a new reform process—provided it strictly follows constitutional procedures. The proposed law creates public obligations, such as organizing elections and establishing a Constitutional Court, which must be matched with compensatory revenue as required by Article 82, paragraph 2. The council also noted violations of parliamentary rules when the Assembly refused to apply the blocked vote procedure at the government’s request, in breach of Article 82, paragraph 4.”

Political reactions and rising tensions

The decision has triggered swift reactions from political figures. Ousmane Sonko acknowledged the council’s ruling in a public statement, while the presidential coalition highlighted the proper functioning of institutions and called for continued dialogue on reforms. Dr. Binette Ndiaye, coordinator of the Citizen Forum, praised the council’s decision as a necessary safeguard for democratic governance.

“As a member of civil society, I believe this is a commendable initiative. Initially, we advocated for a more inclusive process before implementing this law. Unfortunately, that did not happen. It appeared as though a single political party was attempting to amend constitutional provisions without prior dialogue or consensus. It is reassuring that the Constitutional Council has reminded us that we are a republic where, even with a majority, we must consider the perspectives of all stakeholders.”

Tensions between President Bassirou Diomaye Faye and Ousmane Sonko have been escalating since Sonko’s removal from the Prime Minister’s office in May. Sonko’s subsequent election as President of the National Assembly has done little to ease the friction, with Sonko openly describing the current situation as a “cohabitation” between the executive and legislative branches. Observers warn that the constitutional impasse could deepen political divisions and reshape Senegal’s governance landscape.