Two decades after the 2005 referendum law, lawmakers have passed new legislation regulating referendum procedures, particularly for constitutional amendments.

The reform has drawn criticism from opposition figures who argue President Félix Tshisekedi is maneuvering to secure a third consecutive term. Yet others view the law as a reinforcement of popular sovereignty, while some constitutional experts warn it may conflict with existing constitutional provisions.

defenders of the reform argue for stronger popular sovereignty

Advocates of the new referendum law emphasize its role in strengthening democratic participation. In Kinshasa, several legal experts share this perspective. Maria Eloyi, a prominent jurist, asserts that any constitutional change must follow the referendum process as it embodies the voice of the people. “The Constitution itself is the voice of the people,” she explains. “Therefore, altering it must go through this democratic procedure. It’s not just about political interests; some constitutional articles genuinely need revision.”

Among supporters is Placide Lukeka, a young resident of Kinshasa, who believes the reform addresses long-standing public aspirations. “I’ve always supported constitutional change,” he says. “Those who claim it’s purely political are mistaken. Transitioning to a new Republic could bring positive change for our nation.”

conerns over political priorities and public needs

Critics, however, question the timing and necessity of the reform. Ange Aloki, a Kinshasa resident, argues that the debate distracts from more pressing national issues. “I don’t support this focus,” she states. “There are far more urgent matters requiring attention. Why prioritize a referendum two years before elections? Where were they all this time when constitutional change was needed?”

legal debates and constitutional contradictions

The new law has sparked a broader legal discussion. Some constitutional scholars argue that popular sovereignty cannot be exercised outside the framework established by the Constitution. Godefroy Mwanabwato, a lawyer from Tshopo, anticipates that the Constitutional Court may strike down parts—or all—of the law after parliamentary review. “The Court will likely remove provisions exceeding the legislative body’s authority to regulate referendum matters,” he predicts.

Political opposition has been vocal, with lawmakers walking out during debates and opposition leaders calling for a general strike on June 3 and a sit-in on June 13.