Democratic Republic of Congo debates popular sovereignty with new referendum law

Two decades after the 2005 referendum law, the National Assembly of the Democratic Republic of Congo has adopted a new text that sets the rules for organising a referendum, especially when it comes to constitutional reform. The opposition argues that President Félix Tshisekedi is using this law to pave the way for a third term, while other voices see it as an affirmation of popular sovereignty.

Supporters hail a victory for the people

For those backing the reform, the law strengthens the principle that the people should have the final say on constitutional matters. In Kinshasa, legal expert Maria Eloyi sees no problem with the new law. “Since the constitution represents the voice of the people, any change or modification must go through a referendum, which is the true expression of the people. No one can bypass this process. It is not only about political interests – some articles in our constitution genuinely need to be updated,” she says.

Young Kinois Placide Lukeka shares this enthusiasm. “I have always hoped for such an initiative because I support constitutional change. Those who think this is only about politics are mistaken. A new republic could bring real positive change to our country.”

Critics point to more urgent priorities

Not everyone agrees. Ange Aloki believes the referendum debate ignores the immediate needs of the population. “I do not appreciate this focus. There are other urgent issues in the country that deserve more attention. Why spend so much energy on this just two years before elections? Where were they all this time when they could have changed the constitution?” she asks.

Legal questions remain

Beyond political timing, the law raises constitutional questions. Several legal experts argue that popular sovereignty cannot be exercised outside the framework established by the constitution. Godefroy Mwanabwato, a lawyer from the Kisangani bar, hopes the Constitutional Court will reject parts of the law. “The court should remove any provisions that go beyond the legislature’s authority to regulate the referendum process.”

On the political front, opposition MPs walked out of the parliamentary session where the law was debated. Their leaders called for a general strike on 3 June and a sit-in on 13 June to protest the measure.