Sénégal National Assembly: Adopts Loi 33/2026 for Broader Patrimoine Declaration

• Senegal's National Assembly adopted proposed law n°33/2026 on August 17, with 133 votes for and 2 against.
• The law aims to modify Article 37 of the Constitution, extending asset declaration and public disclosure obligations to the President, Prime Minister, and President of the National Assembly.
• This reform seeks to fill a "legal void" as the current asset declaration law excludes the President of the Republic from its scope.
• The government argues the change elevates an existing legal obligation for some officials to a constitutional level, enhancing its stability and legal scope.
• The President of the Republic has decided to submit the proposed constitutional revision to a national referendum, as per Article 103 of the Constitution.

The upcoming referendum will therefore be a pivotal moment for transparency in Senegalese public service, directly addressing the asset declaration of the President and other high-ranking officials, solidifying their accountability through constitutional mandate.

The Senegalese National Assembly recently took a significant step towards enhancing public accountability, adopting proposed law n°33/2026 on Monday, August 17. This legislative initiative, which passed with an overwhelming majority of 133 votes in favor against just 2 dissenting voices and no abstentions among 135 voters, aims to fundamentally alter Article 37 of the Constitution. The core objective of this reform is to broaden the scope of asset declaration and public disclosure requirements, extending them to several high-ranking officials previously not explicitly covered at the constitutional level.

Specifically, the proposed changes would mandate asset declarations and their public release for the President of the National Assembly, the Prime Minister, and crucially, the President of the Republic. Amadou Ba, who introduced the proposition, highlighted its intent to harmonize constitutional provisions with existing legislation governing asset declarations. Ba pointed out a current "legal void" where the President of the Republic is excluded from the purview of the standing asset declaration law, a gap the new measure seeks to rectify. This modification is designed to empower the Constitutional Council to scrutinize the completeness, accuracy, and sincerity of the Head of State's asset declarations, ultimately ensuring their public availability.

The proposed **Sénégal loi 33/2026 déclaration patrimoine** is framed as a critical move to bolster transparency within the Senegalese public service. The government, through the Minister of Justice and Garde des Sceaux, Me Moussa Sarr, strongly advocated for the measure, emphasizing its role in strengthening public trust in institutions and enhancing the integrity of public affairs management. Minister Sarr underscored President Bassirou Diomaye Diakhar Faye's full commitment to the principle of public asset declarations, both at the commencement and cessation of official duties.

Sarr further clarified that extending this constitutional obligation to the Prime Minister and the President of the National Assembly, as proposed by the President of the Republic and supported by PASTEF deputies, does not introduce entirely new requirements. These officials are already subject to asset declaration mandates under existing OFNAC legislation. Instead, the modification to Article 37 serves to elevate this existing **obligation de déclaration de patrimoine Sénégal** to a constitutional level, thereby granting it superior legal stability and broader scope. Responding to concerns about the specific placement of these provisions within Title III of the Constitution, which is dedicated to the President, Minister Sarr defended it as a matter of legislative technique, noting that constitutional arrangements are flexible and can group related provisions for clarity.

Despite broad support, the proposed **Sénégal modification article 37 Constitution** did not pass without debate. Deputy Guy Marius Sagna voiced reservations regarding the decision to embed provisions concerning the President of the National Assembly and the Prime Minister within Title III, traditionally reserved for the Head of State. Sagna argued that this structural choice risked diminishing the stature of the presidential function by placing it on par with other offices, and he formally requested his observations be documented in the legislative report. The government, however, maintained that such an arrangement was a valid legislative choice, citing precedents in other constitutions where provisions related to multiple institutions are grouped for readability.

The ultimate fate of this significant reform now rests with the Senegalese populace. The President of the Republic has announced his decision to submit the proposed constitutional revision to a **référendum constitutionnel Sénégal**, in accordance with Article 103 of the Constitution. This decision was formally communicated to the President of the National Assembly via a letter dated July 30, 2026. The upcoming referendum will therefore be a pivotal moment for **transparence fonction publique Sénégal**, directly addressing the **déclaration de patrimoine président Sénégal** and other high-ranking officials, solidifying their accountability through constitutional mandate.

Lawyers advising high-ranking public officials in Senegal must monitor the upcoming constitutional referendum, as its passage will expand and elevate the legal obligation for asset declaration and public disclosure, increasing compliance scrutiny and potential legal challenges related to transparency.

Source: Original reporting via Le référendum en ligne de mire