DR Congo's President Tshisekedi signs a referendum law that critics say could open the way to a third term
President Félix Tshisekedi has signed a law setting out how constitutional changes — and, in cases of absolute necessity, a wholly new constitution — can be put to a referendum in the Democratic Republic of Congo. Critics say the law could lay the groundwork for him to seek a third term, which the current constitution forbids: it limits presidents to two five-year terms and bars any revision of that limit. Tshisekedi has denied seeking a third term but said he would accept one if the Congolese people wanted it. No referendum date has been announced.
Checking in progress
This story is still being checked. Claims below are published as claims — never dressed as facts — and each one moves only when the evidence earns it.
- Collecting reportsDone
- Grouping the versionsDone
- Checking claims6 of 6 claims checked
- 4Human gateWe are here
6 of 6 claims checked so far · step 4 of 4: Human gate
Key points
- Law No. 26/045, signed on Monday and announced on state television late on Tuesday, sets out how constitutional changes — and, in cases of 'absolute necessity', a new constitution — can be put to a referendum.
- The current constitution bars any revision of the two-term presidential limit; whether replacing the constitution by referendum could remove that protection is legally disputed.
- Tshisekedi denies seeking a third term but says he would accept one if the people wanted it.
Show more (1)
- No referendum date or question has been announced, and the 2028 election timetable formally stands.
What happened
The bill, introduced by lawmaker Paul-Gaspard Ngondankoy, went through further parliamentary scrutiny after the Constitutional Court approved an earlier version subject to reservations in July. Opposition parties have since joined forces against constitutional changes they believe could prolong Tshisekedi's rule, and demonstrations in Kinshasa and other cities in June and September were met with a heavy security presence.
The dispute is unfolding while Congo fights a rebellion in its eastern provinces, where Rwanda-backed M23 fighters hold substantial territory — the conflict Tshisekedi has said could make the 2028 elections impossible to organise on schedule. Congo has been here before: when Joseph Kabila's second term expired in 2016, elections were delayed for two years amid protests.
Both sides, in their own words
Both sides heard. Neither believed for free. Publishing a side's version is not endorsing it — the claim checks below are where verdicts live.
Side A · The opposition
- The C64 opposition coalition rejects any third presidential term, any constitutional change that would permit one, and any postponement of the next elections.
- Opposition figures accuse Tshisekedi of seeking to extend his time in office beyond the end of his second term in 2028.
Side B · Supporters of the law
- National sovereignty belongs to the people, who can exercise it directly through referendums — the argument from Article 5 of the constitution on which the law partly rests.
- Supporters present the law as a tool of participatory democracy: citizens should be able to decide fundamental constitutional questions directly.
Independently verified
5 claims independently verified — listed in the claim-by-claim check below.Not yet verified
Nothing outstanding.What we know / what we don't know yet
What we know
- That the referendum law is signed and in force, and what mechanisms it creates.
- That the current constitution's term-limit protection has not itself been changed, and no referendum has been called.
- That Tshisekedi denies seeking a third term while saying he would accept one if the people wanted it.
What we don't know yet
- Whether a referendum will be called, on what question, and when.
- Whether the courts would allow a replacement constitution to remove the term-limit protections Article 220 shields from amendment.
- Whether the 2028 elections will go ahead as scheduled while M23 holds territory in the east.
Claim by claim
Show all claims (6)
Why this label: Reuters' report of the signing and the law's content, with the law's number, date and structure also reported by Africa Briefing, read in full.
On the ladder: a claim earns Verified from primary evidence, or from two independent sources that do not copy each other.
Why this label: The law's mechanisms as reported by Africa Briefing from the official announcement on state broadcaster RTNC.
On the ladder: a claim earns Verified from primary evidence, or from two independent sources that do not copy each other.
Why this label: The two articles and Tshisekedi's term dates are stated by both Reuters and Africa Briefing.
On the ladder: a claim earns Verified from primary evidence, or from two independent sources that do not copy each other.
Why this label: The legal disagreement is stated openly in Africa Briefing's account: supporters rely on popular sovereignty, opponents on Article 220's protection, and no court ruling on a replacement constitution is reported.
On the ladder: credible sources conflict, so we show both workings. One side's own statement is that side's position — never proof.
Why this label: His denial and his May words are reported by Reuters; the May quotation is also carried by Africa Briefing. The protests and the absence of a referendum date are Reuters'.
On the ladder: a claim earns Verified from primary evidence, or from two independent sources that do not copy each other.
Why this label: His May statement on the election timetable, reported by Reuters and Africa Briefing; it is his stated position, not a decision to postpone.
On the ladder: a claim earns Verified from primary evidence, or from two independent sources that do not copy each other.
Why it matters
Congo's term limit is one of the few hard checks on presidential power in the country, and it is written to be unamendable. A referendum law that opens a path around it — by replacing the constitution rather than revising it — decides whether that check survives, and it does so while an armed rebellion holds part of the east and the 2028 election date is already in question.
Background
Show the background timeline (6)
Félix Tshisekedi becomes president, succeeding Joseph Kabila after the disputed December 2018 election.
Tshisekedi is re-elected to a second five-year term, which ends in late 2028.
Tshisekedi says he has not asked for a third term but would accept one if the people wanted it, and warns the eastern conflict could prevent the 2028 elections going ahead on schedule.
The Constitutional Court approves an earlier version of the referendum bill subject to reservations, drawing protests in Goma and Bukavu.
Parliament approves the referendum legislation.
Tshisekedi signs Law No. 26/045 on Monday; the signing is announced on state television late on Tuesday.
Update history
No silent edits. Every change is written here, with its time.
- Latest
Published in Checking state — the law and its mechanisms are confirmed, and whether a referendum will be called, and what the courts would allow it to change, are not yet known.