The Democratic Republic of the Congo has a new law governing referendums, and a familiar constitutional question has returned to the centre of politics: can a process for asking voters to decide the country's future coexist with rules that expressly protect presidential term limits? President Félix Tshisekedi's signing of Law No. 26/045 is consequential, but it does not by itself change the constitution. The dates of promulgation and announcement are not uniformly described by public sources, and the legal meaning of a possible future constitutional referendum remains contested.
A law for holding votes, not a vote itself
President Félix Tshisekedi has signed Law No. 26/045, setting out how referendums can be proposed and organised in the Democratic Republic of the Congo. Reuters reported on November 11 that he signed it on Monday, November 9, after parliamentary approval the previous month, and that state television announced the move on Tuesday evening. The law can apply to questions about existing constitutional provisions and, Congolese reporting says, where absolute necessity is established, potentially to a proposal for a new constitution. It is a framework for a future process, not a constitutional amendment already passed by voters.
The distinction is crucial in a country where the presidency's duration is intensely disputed. No referendum date or ballot question was announced in Reuters' November 11 report. The law does not itself remove the two-term presidential limit, approve a third mandate or postpone the election due in 2028. Each of those would require separate acts and would face constitutional questions that the mere adoption of referendum procedures cannot settle.
Sources: Congolese president signs contested referendum law amid fears over third-term bid · RDC: le Président Tshisekedi promulgue la loi référendaire · Félix Tshisekedi promulgue la loi sur l’organisation du référendum · Promulgation de la loi sur le référendum en RDC, Tshisekedi ouvre la voie à une nouvelle Constitution
The announcement and its disputed date
The date of promulgation requires careful handling. The state broadcaster RTNC published its report on November 11 but described the presidential action as occurring on November 10, while quoting the text as 'Law No. 26/045 of November 9, 2026.' Reuters says the law was signed on Monday, November 9 and announced late Tuesday, November 10. Radio Okapi and the Congolese outlet Actualite.cd also give November 9 as the promulgation date and November 10 as the televised announcement. Those accounts cannot all be reconciled without the signed ordinance and official gazette.
RTNC quoted deputy presidential spokesperson Roger Kalenga reading provisions about the subject of a referendum, who may initiate one, how it is convened and offences linked to the process. It reported eight chapters, including campaign and organisational rules. This establishes what the authorities publicly presented; a television reading is not a substitute for inspecting every article of the enacted statute, its final provisions and any judicial reservations that affect how the law must be read.
Sources: RDC: le Président Tshisekedi promulgue la loi référendaire · Congolese president signs contested referendum law amid fears over third-term bid · Félix Tshisekedi promulgue la loi sur l’organisation du référendum · RDC : Tshisekedi a promulgué la loi sur le référendum
Why Article 220 changes the stakes
The existing constitution places strict limits on constitutional revision. Article 218 lists possible initiators, including the president, the government, parliamentary actors and a petition backed by 100,000 citizens. It establishes parliamentary consideration and a referendum route, with an alternative requiring a three-fifths majority of both chambers sitting in Congress. Article 219 bars revisions in specified exceptional circumstances. None of these procedural paths should be confused with permission to revise every subject.
Article 220 is unusually direct: the number and length of presidential terms, among other protected principles, cannot be the subject of any constitutional revision. A popular vote is therefore not, under the text as written, an automatic workaround for the term-limit prohibition. The new law's reported references to adopting a wholly new constitution or changing existing provisions raise a distinct and unresolved legal question: how would a future initiative be reconciled with those entrenched protections? That question needs a concrete proposed text and authoritative constitutional analysis, not assumptions about the outcome.
Sources: Constitution de la RDC, révisée en 2011, articles 218–220
What Tshisekedi and critics have actually said
Tshisekedi began his first presidency in 2019 and was re-elected in 2023; the next presidential election is scheduled for late 2028 under the current framework. In May, he said he had not requested a third term but would accept one if the Congolese people wanted it, Reuters reported from a press conference. That was a conditional political statement, not an announced referendum question, adopted constitutional draft or declaration that another term is lawful.
Opposition figures have warned that a broader referendum mechanism could be used to seek a change of constitution and reopen the rules of presidential eligibility. Reuters says the legislation has drawn protests and criticism. These objections are political claims about risk, not evidence that a third term has been authorised. Conversely, the president's denial of actively seeking one does not resolve the legal implications of any future proposal. Readers need to distinguish both positions from what a court might ultimately determine.
Sources: Congolese president signs contested referendum law amid fears over third-term bid · Congo president raises prospect of third term and vote delay, angering opposition
The court record needs more than a headline
The law also has a judicial history that warrants closer inspection. Reports published in July said the Constitutional Court found the referendum legislation constitutionally compliant on July 28, 2026, but attached interpretive reservations to thirteen provisions. Actualite.cd describes the enacted law's explanatory memorandum as referring to Constitutional Court decisions from January 2021 and July 2026. The texts of those rulings, their operative holdings and the final statute must be compared before asserting that a particular interpretation has been endorsed by the court.
The earlier radar account suggested that the Constitutional Court returned a referendum bill in September. A primary ruling with that date, case number and reasoning was not independently established for this draft; that claim is consequently excluded. Similarly, secondary reports say the new law took effect on promulgation and superseded inconsistent older provisions, but the complete official-gazette text was not located for direct verification. Those are explicit prepublication checks, not settled legal findings. The bill had first been adopted by both chambers in June, then returned for a new deliberation after the Constitutional Court's July ruling; it returned to the Assembly on October 23 before the Senate's second reading.
Sources: RDC : Tshisekedi a promulgué la loi sur le référendum · RDC : la Cour constitutionnelle déclare la loi portant modalités d’organisation du référendum conforme à la Constitution, sous réserve de plusieurs articles · Assemblée nationale : La loi sur le référendum revient en plénière ce vendredi · RDC : la loi sur le référendum revient à l’Assemblée nationale après les réserves de la Cour constitutionnelle
What would turn the debate into a referendum
For now, a legal mechanism exists, but a referendum campaign does not follow automatically. A dated initiative, the precise question or draft, the formal act convening voters, the election authority's timetable and potential constitutional challenges would each provide new evidence. Whether a separate presidential decree is legally required for a particular referendum should be checked against the full law and the constitution before it is presented as a certainty. A proposed new constitution would also require scrutiny distinct from an amendment to the existing document.
The security crisis in eastern Congo adds another uncertainty without supplying a referendum timetable. In May, Tshisekedi suggested conflict could imperil the presidential vote scheduled for 2028, Reuters reported. That warning did not set a postponement date. Nor does the referendum law itself create one. The defensible conclusion on November 11 is narrower than either political camp's predictions: the presidency has approved procedures that may enable a future constitutional question, while the question, the legal route and the electoral consequences remain to be established.
Sources: Congolese president signs contested referendum law amid fears over third-term bid · Constitution de la RDC, révisée en 2011, articles 218–220 · Congo president raises prospect of third term and vote delay, angering opposition
