Congo-Kinshasa: DRC Court Clears Path to Change a Constitution That Says It Can't Be Changed

What the report says

AllAfrica, carrying a Radio France Internationale report dated 30 July 2026, reported that the Democratic Republic of Congo’s Constitutional Court has validated a referendum law that could allow changes to constitutional provisions currently described as off limits to revision. The decision has intensified debate over whether President Félix Tshisekedi, in office since 2019 and serving his second five-year mandate, could remain beyond the end of his current term in 2028.

According to RFI, the C64 opposition coalition rejected the ruling after consultations on Wednesday, accusing the court of enabling an attack on the constitutional order and pledging to resist any constitutional change. The coalition includes prominent opposition figures such as Martin Fayulu, Jean-Marc Kabund, Moïse Katumbi, Augustin Matata Ponyo and Delly Sesanga. The current constitution limits presidents to two terms, while Tshisekedi and allies have argued for revising a charter they say no longer fits public expectations. Tshisekedi has said he has not sought a third term, while also saying in May that he would accept one if people wanted it, RFI reported.

The approved mechanism would allow action on “prohibited” revision topics in cases of major institutional dysfunction, initiated by the president. RFI reported that it would involve an expert panel, a constituent assembly vote requiring a three-fifths majority, and then a public referendum. Critics fear a new constitution could reset term limits, while also questioning the independence of state institutions.

The dispute comes amid conflict in eastern DRC, where fighting involving the M23 group has affected North and South Kivu and could complicate voting. RFI also cited Ebuteli research suggesting Tshisekedi remains politically strengthened despite public concern about the country’s direction, while the opposition has regrouped but may face challenges mobilizing nationwide protests.