Why DR Congo’s constitutional dispute is shaping the 2028 vote

Why DR Congo’s constitutional dispute is shaping the 2028 vote

President Felix Tshisekedi is due to leave office in 2028 under the Democratic Republic of the Congo’s current Constitution, which limits presidents to two five-year terms. But a proposed constitutional process, opposition protests and the war in the east are intensifying the dispute over what happens when his mandate ends.

Tshisekedi said in May that he had not sought a third term but would accept one if Congolese people wanted him to continue. His remarks revived opposition fears that constitutional reform could be used to remove the existing barrier to another term, although the government presents reform as a broader effort to change state institutions.

How the referendum process reached parliament

The Parliament passed legislation in June setting conditions for organising a referendum. The law provides for a constituent assembly followed by a referendum in the event of what it calls a “major dysfunction” of state institutions.

The Constitutional Court ruled in July that the legislation complied with the Constitution while raising concerns about some provisions. On August 10, Tshisekedi asked the presidents of the National Assembly and Senate to reconsider the law in light of those observations. The National Assembly said the fresh deliberation would be placed on its September agenda.

Opposition mobilisation is planned for September

The main opposition coalition campaigning against the process is C64, named after Article 64 of the Constitution, which calls on citizens to oppose anyone who takes power in violation of the constitutional order. C64 says it will resist any attempt to use reform to extend Tshisekedi’s mandate beyond 2028.

The coalition has announced a nationwide mobilisation for September 15. Demonstrations in Kinshasa are expected to converge on the Palais du Peuple, the seat of parliament. Thousands also demonstrated in Goma and Bukavu on July 28 against proposed constitutional changes and any attempt to extend Tshisekedi’s time in office.

The constitutional dispute is unfolding during war

M23, an armed group operating within the broader Alliance Fleuve Congo, controls Goma and Bukavu, the capitals of North Kivu and South Kivu, after seizing large areas in eastern Congo. The Congolese government accuses Rwanda of supporting M23; Kigali denies the charge.

The conflict has also raised uncertainty over the 2028 elections. Tshisekedi has warned that a credible vote may not be possible if fighting continues and parts of the country remain outside government control. In Goma, civil society activist Gentil Mulume said any change extending Tshisekedi’s mandate would not be recognised in territory controlled by M23 and the AFC.

Dialogue has been proposed, but its shape is unclear

Tshisekedi has proposed an inclusive national dialogue involving political parties, civil society and religious groups. While in Libreville, Gabon, on August 16, he said he would soon address the nation on his vision and the contours of the talks. The date and format have not been announced.

Tshisekedi has ruled out sitting with people he accuses of siding with Rwanda or the armed rebellion. Martin Fayulu, who challenged him in the 2018 presidential election, has called for former President Joseph Kabila and Corneille Nangaa, the AFC’s political leader, to participate. The debate therefore remains tied to three unresolved issues: whether the Constitution will change, whether elections can be held in 2028 and who will help set the rules.

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