DRC’s constitutional battle: The fight over the 2028 vote

Kinshasa, DR Congo – President Felix Tshisekedi is due to leave office in 2028 under the current Constitution of the Democratic Republic of the Congo. Yet with more than two years to go, a battle over the rules governing what happens when his mandate ends is already reshaping Congolese politics.

In May, Tshisekedi said he had not sought a third term but would accept one if the Congolese people wanted him to continue. The remarks revived opposition fears that constitutional reform could eventually open a path beyond the existing two-term limit.

Under the current constitution, the president is elected for five years, renewable once, while the number and length of presidential terms are protected from constitutional revision.

Tshisekedi’s camp says the country needs institutional reform. Opponents of the reform fear the process could ultimately be used to change the rules governing presidential succession.

The dispute is unfolding as the DRC fights a rebellion in the east led by M23, an armed group that operates within the broader Alliance Fleuve Congo (AFC), a political-military coalition that controls Goma and Bukavu, the capitals of North Kivu and South Kivu.

With an opposition mobilisation planned for September and Tshisekedi preparing to outline an inclusive national dialogue, the confrontation is entering a critical phase.

The confrontation accelerated in June when the Parliament of the Democratic Republic of the Congo passed legislation setting out conditions for organising a referendum.

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