DRC – Paul-Gaspard Ngondankoy: "The question of changing the Constitution does not yet arise"
Paul-Gaspard Ngondankoy, a Congolese constitutionalist and deputy, has drafted a law to organize referendums in the DRC, aiming to fill a constitutional void. This bill, validated by the Constitutional Court, is seen by the opposition as a tool for President Félix Tshisek…
Intelligence analysis by Gemini 2.5 Flash
A new referendum law in the Democratic Republic of Congo, authored by Deputy Paul-Gaspard Ngondankoy, is stirring controversy. While Ngondankoy claims it merely clarifies constitutional provisions, the opposition fears it's a strategic move by President Félix Tshisekedi to facilitate constitutional changes that could allow him to remain in power beyond his current mandate.
Imagine the DRC has a big rulebook called the Constitution, which says people can vote on important changes (like a referendum), but it doesn't say exactly *how* to do it. A smart lawmaker named Paul-Gaspard Ngondankoy wrote a new rulebook to explain the "how." But some people are worried that the President, Félix Tshisekedi, might use this new rulebook to change the main Constitution so he can stay in charge for longer, like changing the rules of a game in the middle of playing.
Analysis
Paul-Gaspard Ngondankoy
Ngondankoy, a prominent constitutionalist and newly elected deputy in 2024, has taken on the task of drafting a law to regulate referendums in the Democratic Republic of Congo. His work is presented as an effort to address a perceived gap in the 2006 Constitution, which mentions the use of referendums but lacks specific procedural guidelines.
Previously serving as chief of staff to former Prime Minister Jean-Michel Sama Lukonde, Ngondankoy's political background places him within the current administration's orbit, raising questions about the independence of his legislative initiative. He acknowledges a "kinship of ideas" with the head of state but insists he has never discussed the matter with him, aiming to preserve the consensus achieved in the first reading of the bill.
Félix Tshisekedi
President Félix Tshisekedi has openly expressed his desire to revise or even change the 2006 Constitution, which he considers problematic. This stance has fueled suspicions among the opposition that Ngondankoy's referendum law is not a neutral technical clarification but rather a strategic instrument designed to serve the president's political agenda.
The timing of Ngondankoy's legislative effort, coinciding with Tshisekedi's public campaign for constitutional reform, suggests a coordinated approach, despite Ngondankoy's claims of independent work. The opposition views Ngondankoy as an "apprentice sorcerer" creating a mechanism for Tshisekedi to potentially extend his term beyond 2029, a claim Ngondankoy dismisses by stating the question of constitutional change "does not yet arise today."
The 2006 Constitution
The current 2006 Constitution of the DRC is at the heart of the political debate. While it allows for referendums, the lack of a clear legal framework for their implementation has created an opportunity for the proposed Ngondankoy law. The Constitutional Court's validation of the law on July 28, albeit with reservations, means it is now set for a second parliamentary reading, intensifying the political struggle.
The opposition's primary concern is that any modification or change to this fundamental law, particularly concerning presidential term limits, could enable President Tshisekedi to circumvent democratic norms and extend his stay in power beyond the scheduled end of his mandate in 2029. This has led to plans for demonstrations in front of Parliament, highlighting the deep divisions and anxieties surrounding the future of the country's supreme law.
Key points
- Paul-Gaspard Ngondankoy, a DRC deputy, has drafted a law to organize referendums.
- The 2006 Constitution mentions referendums but lacks a clear framework for their application.
- President Félix Tshisekedi has expressed a desire to revise or change the 2006 Constitution.
- The opposition views Ngondankoy's law as a tool for Tshisekedi to potentially extend his presidential term beyond 2029.
- The law has been validated by the Constitutional Court and awaits a second parliamentary reading.
- The opposition plans to protest against the bill on September 15.
If the referendum law is implemented transparently and fairly, it could provide a legitimate mechanism for the Congolese people to express their will on critical national issues, strengthening democratic participation and ensuring that any constitutional changes reflect the broad consensus of the populace.
The opposition's fears suggest that the law could be exploited to manipulate the Constitution, potentially allowing President Tshisekedi to extend his term, which could lead to significant political instability, protests, and a deepening of democratic backsliding in the DRC.
