DR Congo President Tshisekedi Raises Possibility of Third Term, Triggering Constitutional Crisis Concerns

Presidential Statement Opens Constitutional Debate

Democratic Republic of Congo President Félix Tshisekedi has publicly raised the possibility of remaining in office beyond his constitutionally mandated two-term limit, stating he would accept a third term if the Congolese people demand it through a national referendum. Speaking at a press conference in Kinshasa, Tshisekedi insisted he had not personally sought the extension, saying: "I did not seek a third term, but I'm telling you: if the people want me to have a third term, I will accept" (Source: Africa News, BBC). He emphasized that any constitutional change would require popular consultation: "If any change or revision is to be made, it will never be without consulting the population... through a referendum" (Source: RFI, Africa News).

The president also warned that presidential elections scheduled for 2028 could face postponement if the conflict in eastern DRC continues. Citing the precedent of Ukraine delaying elections during wartime, Tshisekedi stated that voting cannot be organized without the participation of North and South Kivu provinces, where M23 rebels—widely reported to be backed by Rwanda—have seized control of major cities including Goma and Bukavu (Source: BBC, Africa News).

Constitutional Constraints and Historical Context

The proposal faces significant legal hurdles. Article 220 of the DRC constitution explicitly bans any revision that modifies "the number and length of terms of office of the president" (Source: RFI, AllAfrica). This provision was established in the 2006 constitution under former president Joseph Kabila specifically to guard against dictatorship following Mobutu Sese Seko's autocratic rule from 1971 to 1997 (Source: RFI, AllAfrica).

Historical precedent weighs heavily on the current debate. Kabila himself remained in power beyond his constitutionally mandated second term in December 2016, a move that Tshisekedi—then part of the political opposition—publicly opposed (Source: RFI, AllAfrica). Analysts note this creates a tension between the president's current position and his previous stance on constitutional term limits.

Opposition Mobilizes Against 'Constitutional Coup'

Opposition forces have rapidly mobilized against the proposed changes. Martin Fayulu, who came third in the contested 2023 election, accused Tshisekedi of wanting to stay in power "at any cost" and characterized the parliamentary bill enabling constitutional revision as a "subterfuge designed to allow Mr. Felix Tshisekedi to carry out a real constitutional coup d'etat" (Source: Africa News).

Nicolas Lenga of the opposition Envol party described the initiative as "an act of rebellion against the Republic and a declaration of war on the Congolese people," urging citizens to defend the constitution under Article 64, which calls on Congolese to resist any individual or group exercising power in violation of constitutional provisions (Source: Africa News). Major opposition parties have formed a new coalition specifically to oppose the revision, with leaders including Moïse Katumbi, Martin Fayulu, and Delly Sesanga reportedly planning large demonstrations (Source: Africa News).

Prince Epenge, spokesperson for the LAMUKA opposition coalition, has accused the government of operating a "two-tier democracy" where opposition marches are "violently repressed" while pro-government demonstrations proceed without interference (Source: Africa News). Epenge warned that Tshisekedi could face international sanctions similar to those recently imposed on former president Joseph Kabila if he proceeds with changing constitutional rules (Source: Africa News).

The Legislative Mechanism

A bill currently before parliament aims to create a pathway for constitutional revision during periods of "major dysfunction" paralyzing state institutions, provided such changes follow a referendum (Source: Africa News). Jean-Claude Isaac Tshilumbayi, vice-president of the DRC parliament, has claimed that enabling a third term is not the "main thrust" of the reform drive, though opposition figures dispute this characterization (Source: AllAfrica, RFI).

Constitutional amendments require either a three-fifths majority in parliament or a referendum called by the president (Source: BBC).

International Dimensions and Contradictions

Tshisekedi has claimed that the United States demanded reforms requiring constitutional revision as part of a partnership agreement signed in December 2025, which reportedly grants the US preferential access to Congolese mineral reserves (Source: Africa News, AllAfrica). However, opposition figures including former MP Claudel-André Lubaya have pointed to a logical contradiction in the president's position: if elections cannot be held due to ongoing war, organizing a referendum would face similar obstacles (Source: RFI).

Political analyst Trésor Kibangula suggests the security situation is being "used as a factor to delay the democratic process," noting that the opposition has become "inaudible" amid shrinking political space (Source: AllAfrica, RFI). The US imposed sanctions on Rwandan army commanders in March, accusing them of fueling the conflict, though fighting persists despite a US-brokered peace deal (Source: BBC).

Perspectives

Presidential/UDPS Perspective: Supporters argue that constitutional revisions are necessary to address institutional dysfunction and strengthen sovereignty, potentially required by international partnership agreements. They emphasize that any extension would only proceed with direct popular approval through referendum, presenting it as a democratic mandate rather than a power grab.

Opposition Perspective: Opposition leaders view the proposed changes as an unconstitutional attempt to consolidate power, drawing parallels to authoritarian precedents set by Mobutu and Kabila. They argue that the "major dysfunction" clause creates a pretext for circumventing Article 220 and that selective enforcement of protest rights reveals an anti-democratic intent.

Analytical Perspective: Observers note a recurring pattern in Congolese politics where security crises intersect with electoral timelines, raising concerns about the instrumentalization of conflict to justify delays in democratic transitions. The situation highlights tensions between constitutional rigidity designed to prevent dictatorship and claims of popular sovereignty through referenda.