Two decades after the 2005 referendum law was enacted, lawmakers in Kinshasa have passed a new bill establishing stricter guidelines for organizing referendums, particularly when constitutional amendments are on the table. The legislation arrives at a pivotal moment in the Democratic Republic of the Congo’s political landscape, where debates over leadership tenure and institutional legitimacy have intensified.
voices of support and skepticism
The new bill has drawn sharp criticism from opposition figures, who argue it paves the way for President Félix Tshisekedi to seek a third consecutive term. Yet others view the law as a reaffirmation of popular sovereignty, though some legal experts caution it may conflict with existing constitutional provisions.
Proponents of the reform, including jurists in Kinshasa, contend that constitutional amendments must always go through a referendum to reflect the will of the people. Maria Eloyi, a legal scholar, emphasized the importance of this process: “The Constitution is the voice of the people. Any change or amendment must follow the referendum route, which embodies their voice. No one can bypass this procedure—not just for political interests, but because our Constitution itself includes articles that require updating.”
Among ordinary citizens, opinions are divided. Placide Lukeka, a resident of Kinshasa, supports the initiative, stating: “I’ve long waited for this kind of step because I believe in constitutional reform. Those who claim it’s purely a political maneuver are mistaken. Shifting to a new Republic could bring positive change for our nation.”
a debate misaligned with public priorities
Yet critics argue the referendum debate distracts from more pressing national issues. Ange Aloki, a resident of the capital, expressed frustration: “I’m not convinced. While we debate this, other crises demand immediate attention. Why focus so much energy on a referendum two years before elections? Where were they all this time when the Constitution needed updating?”
legal challenges ahead
The bill has also sparked a legal debate. Some experts argue that popular sovereignty cannot be exercised outside the constitutional framework. Godefroy Mwanabwato, a lawyer from the Tshopo bar, believes the Constitutional Court may strike down parts or all of the law after parliamentary review. “The Court could remove any provisions exceeding the legislature’s authority to regulate referendums,” he explained.
Politically, the opposition has taken a firm stance. Lawmakers from the opposing bloc walked out during the bill’s deliberation, and their leaders have called for a city-wide shutdown on June 3 and a sit-in protest this Friday, June 13.
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