The legislative reform has drawn sharp criticism from the opposition, who perceive it as a maneuver by President Félix Tshisekedi to secure a controversial third consecutive term. This contentious issue highlights ongoing debates in African politics regarding presidential terms.

Yet, the new text also finds proponents who champion it as a vital affirmation of popular sovereignty. Conversely, others express concerns that its provisions might directly conflict with the existing Constitution, setting the stage for a significant legal challenge.

For those advocating for the reform, the primary objective is to bolster the principle of popular sovereignty. In Kinshasa, several legal scholars see no inherent flaw in the legislation. Maria Eloyi, a prominent jurist, articulated her perspective: “Given that the Constitution embodies the will of the people, any alteration or amendment to it must necessarily follow a referendum process, which truly represents the public’s voice. No one can circumvent this procedure. It’s not solely about political interests; I believe certain articles within our Constitution genuinely require modification.”

Beyond immediate public priorities

This argument resonates with some Congolese citizens. Placide Lukeka, a young resident of Kinshasa, expressed his long-standing anticipation for such a move, stating, “I have always awaited this kind of initiative because I have consistently supported constitutional change. Those who believe that constitutional amendments are solely driven by political motives are mistaken. Transitioning to a new Republic will undoubtedly bring positive transformation for our nation.”

However, Ange Aloki holds a contrasting view. For her, the referendum debate diverts attention from the population’s more pressing and immediate needs. “I do not support this,” she declared. “When I say there are other urgent matters in the country, we could focus on those instead. Why dedicate so much energy to this issue just two years before elections? Where were they all this time to change the Constitution?”

The legal intricacies of the reform

Beyond the political expediency, the new legislation has ignited a significant legal discourse. Numerous experts contend that popular sovereignty can only be exercised within the parameters explicitly defined by the Constitution.

Consequently, Godefroy Mwanabwato, an attorney practicing at the Tshopo bar, voiced his expectation that the Constitutional Court would partially or entirely reject this law following its parliamentary journey. He believes “this court will be able to extract from this draft law all provisions that exceed the legislative body’s recognized authority to regulate referendum matters.”

In the political arena, the opposition firmly opposes this procedure. Its members of parliament staged a walkout during the plenary session dedicated to examining the bill. Their leaders subsequently called for a ‘ville morte’ (dead city) protest on June 3, followed by a sit-in demonstration this past Friday, June 13, underscoring the deep divisions within the Democratic Republic of Congo’s political landscape.