DRC's Constitutional Crisis: Tshisekedi's Reform Push Threatens 2028 Succession Rules

President Felix Tshisekedi will leave office in 2028 under the Democratic Republic of the Congo's current constitution. But with more than two years remaining in his mandate, the country is already convulsing over what comes next—and whether the rules that govern his departure might be rewritten before he has to leave.

In May, Tshisekedi said he had not sought a third term but would accept one if Congolese citizens wanted him to stay. The statement was careful, almost deferential. It was also enough to ignite a constitutional crisis. Under the existing constitution, presidents serve five-year terms, renewable once. That two-term limit is explicitly protected from revision. Yet Tshisekedi's government has begun advancing a reform process that opponents fear could eventually hollow out that protection. The government frames the effort as necessary institutional modernization. Critics see a pathway being cleared for the president to remain in power beyond 2028.

The machinery of change moved quickly. In June, Parliament passed legislation establishing conditions for a referendum. The Constitutional Court approved it in July, though with reservations about certain provisions. On August 10, Tshisekedi asked lawmakers to reconsider the bill in light of the court's concerns. The National Assembly scheduled fresh deliberations for September. The proposed mechanism would allow for a constituent assembly and referendum in cases of what the law calls "major dysfunction" of state institutions—a definition vague enough to encompass almost anything.

The opposition has coalesced around an organization called C64, named for Article 64 of the constitution, which calls on citizens to resist anyone who seizes power in violation of constitutional order. C64 announced a nationwide mobilization for September 15, with demonstrations planned to converge on the Palais du Peuple, Parliament's seat in Kinshasa. Thousands already took to the streets in Goma and Bukavu on July 28 to protest the proposed changes. Jean-Marc Kabund, an opposition politician, told journalists that no constitutional revision, referendum, or legal maneuver should be permitted to circumvent the existing constitution. He warned that pursuing such changes while the country fights an active war could fracture national unity.

That war is the second crisis reshaping Congolese politics. M23, an armed group operating within a broader coalition called the Alliance Fleuve Congo, controls Goma and Bukavu—the capitals of North Kivu and South Kivu provinces. The Congolese government accuses Rwanda of backing M23; Rwanda denies the charge. The rebellion has seized vast territory and displaced populations across the east. Tshisekedi has suggested that elections in 2028 may be impossible if fighting continues, arguing that credible voting cannot occur in regions beyond government control.

The constitutional dispute is being watched from territory the government no longer commands. Gentil Mulume, a civil society activist in Goma, said that any constitutional amendment extending Tshisekedi's tenure would not be recognized in M23-controlled areas. He framed the conflict as symptomatic of a deeper divide between Kinshasa and the east, suggesting that continued Tshisekedi rule could be perceived there as domination. His words illustrate how a constitutional battle in the capital is being interpreted in places already beyond the government's reach.

Yet there is also a simpler problem: many ordinary Congolese do not understand what is being proposed. Kevin Kalala, a 30-year-old mobile-credit retailer in Kinshasa, said he lacks sufficient knowledge of the constitution to take a position. He called on the state to educate citizens about which provisions need changing, why, and what benefits would follow. "I am neither for nor against amending the constitution," he said.

As tensions mount, Tshisekedi has proposed an inclusive national dialogue involving political parties, civil society, and religious groups. While in Gabon on August 16, he said he would soon address the nation to outline his vision and the shape of the talks. The date and format remain unannounced. He has ruled out sitting with those he accuses of siding with Rwanda or the armed rebellion. Martin Fayulu, who challenged Tshisekedi in the 2018 election, has called for the participation of former President Joseph Kabila and Corneille Nangaa, the political leader of the AFC.

The constitutional dispute is now running in parallel with the war in the east and the uncertainty hanging over 2028. The question is no longer simply whether the constitution will change. It is whether Congo's political forces can agree on the rules governing succession at all—and whether they can do so while the country fractures.