C64 RDC Constitution: Rejects Troisième Mandat, Election Delay

• The Coalition article 64 (C64) firmly rejected any constitutional modification, a third presidential term, or a delay to the 2028 elections in the Democratic Republic of Congo.
• This opposition was declared on October 27, following a conclave in Rome, and comes after the National Assembly adopted a referendum law on October 23.
• The C64 argues that the referendum law cannot override Article 220 of the Constitution, which protects presidential term limits.
• The coalition denounced any attempt to extend presidential power beyond constitutional limits as a "constitutional coup d'état."
• The C64 also called for an end to arbitrary arrests and demanded independent investigations into past violence and assassinations.

A Constitution does not have to be loved or desired; it must be scrupulously respected and applied.

The Coalition article 64 (C64) recently reiterated its strong opposition to several critical political maneuvers in the Democratic Republic of Congo (RDC). Following a conclave held in Rome from October 25 to 27, the C64 issued a declaration on Tuesday, October 27, explicitly rejecting any alterations to the RDC's Constitution, the prospect of a third presidential term, and any potential delay to the elections slated for 2028. This declaration comes shortly after the National Assembly, on October 23, adopted a law outlining the procedures for organizing a referendum, following a fresh deliberation.

The C64's position underscores its belief that the recently passed referendum law lacks the authority to undermine or amend constitutional provisions that govern presidential mandates. This stance highlights a growing tension between legislative actions and the foundational legal framework of the nation, signaling a significant political and legal challenge ahead for the country. The coalition's unified voice from its Rome meeting emphasizes the gravity with which it views these potential changes to the constitutional order.

Central to the C64's concerns is Article 220 of the RDC Constitution, which safeguards specific constitutional provisions, notably those pertaining to the number and duration of presidential terms. The coalition firmly asserts that no parliamentary majority possesses the authority to disregard the Constitution's fundamental principles. In its declaration, the C64 articulated a crucial principle: "A Constitution does not have to be loved or desired; it must be scrupulously respected and applied." This statement encapsulates their view that the Constitution serves as an unyielding framework, irrespective of political preferences or legislative majorities.

The C64 has characterized any attempt to circumvent these constitutional limits as a "constitutional coup d'état," alleging that such actions are designed to prolong the current administration's tenure beyond its legally prescribed boundaries. This strong terminology reflects the coalition's deep apprehension regarding the integrity of the democratic process and the rule of law in the RDC. Their focus on Article 220 underscores its critical role in preventing indefinite presidential rule and ensuring democratic alternation.

Beyond the immediate constitutional debate, the C64's declaration encompasses a broader rejection of actions that threaten the RDC's stability and democratic future. The coalition explicitly opposes any constitutional amendment, any third presidential mandate, and any postponement of the 2028 elections. Furthermore, it condemns any seizure of power through armed force and any efforts to fragment the nation. This comprehensive stance aligns with their call for upholding democratic alternation and protecting public freedoms across the country.

The C64 also demanded an end to what it described as arbitrary arrests, intimidation tactics, and impediments to peaceful political activities. The coalition called for independent and credible investigations, including international involvement, into the violence reported during demonstrations on June 12 and September 15, 2026, as well as into the assassination of Manassé Lomboto. Ultimately, the C64 reaffirmed its conviction that adherence to the Constitution must serve as the guiding principle for resolving the ongoing political and security crises plaguing the RDC, emphasizing its role as the bedrock for national stability and progress.

Lawyers advising clients in the DRC should closely monitor legislative and political developments concerning constitutional amendments, particularly those impacting presidential term limits (Article 220), as the C64's strong opposition signals significant legal and political challenges ahead. This situation creates a high-risk environment for constitutional interpretation and electoral integrity, potentially affecting long-term stability and investment.

Source: Reporting from the Democratic Republic of Congo.