DRC Constitutional Court Approves Referendum Law on Changing Constitution

• The Democratic Republic of Congo's Constitutional Court has approved a referendum law that could pave the way for President Felix Tshisekedi to seek a third term in office.
• A coalition of opposition parties has rejected the ruling and vowed to fight any changes to the constitution.
• The Congolese Constitution limits the president to two terms, but a new constitution could reset the presidential term count.
• The ongoing conflict in the eastern provinces may prevent voters from participating in the referendum.
• The Constitutional Court's ruling has been met with criticism for potentially undermining the rule of law and democratic institutions.

The Court's ruling confirms the plot against the constitutional order and paves the way for the balkanization of the Republic,

The Democratic Republic of Congo's Constitutional Court has cleared the way for a constitutional amendment that could have far-reaching implications for the country's politics and institutions. The ruling, which validates a law on organizing a referendum about revising the constitution, has been met with fierce opposition from a coalition of parties who argue it paves the way for President Felix Tshisekedi to seek a third term in office. This move is seen as a potential threat to the rule of law and the country's democratic institutions. The Congolese Constitution limits the president to two terms, and any attempt to change this provision could have significant consequences for the country's future.

The Constitutional Court's ruling is based on a bill that would allow for changes to the constitution's 'prohibited subjects of revision' in cases of 'major dysfunction' paralyzing state institutions. This provision, which would enable the president to convene a panel of experts and submit their conclusions to a constituent assembly, has been criticized as a means to circumvent the constitutional order. The judiciary and legislature are widely regarded as lacking independence in DR Congo, raising concerns that any amendments made through this process could be invalid or unconstitutional. A new constitution could also reset the presidential term count for Tshisekedi, potentially allowing him to stay in power beyond 2028.

The implications of this constitutional amendment go beyond the potential for President Tshisekedi to seek a third term. The ongoing conflict in the eastern provinces, where voters may not be able to participate in the referendum due to fighting between the army and the anti-government M23 group backed by Rwanda, adds an extra layer of complexity to the situation. The Congolese people will ultimately decide whether to accept or reject this change, but the process itself raises questions about the legitimacy and credibility of the Constitutional Court. As one opposition leader put it, 'The Court's ruling confirms the plot against the constitutional order and paves the way for the balkanization of the Republic.'

Lawyers and compliance officers should watch for potential changes to the presidential term count and implications for the rule of law in DR Congo, as well as possible exposure to liability for any constitutional amendments that may be deemed invalid or unconstitutional.

Source: Original reporting via RFI