Referendum law sent back to DRC Parliament for 'clarity and legal security'

A crucial law governing the organization of referendums in the Democratic Republic of Congo is set for further parliamentary deliberation in September. The decision to revisit the text, which had already passed both the National Assembly and the Senate and was deemed constitutional by the Constitutional Court, comes at the direct request of the President.

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This bill was adopted in identical terms by both chambers and sent to the President for promulgation. Given the importance of the matter, the Head of State seized the Constitutional Court so that it could assess its compliance with the Constitution.

The President's intervention stems from thirteen reservations issued by the Constitutional Court during its review of the draft law. While the Court validated the proposal, it outlined specific points requiring clarification or refinement to ensure its proper application. The Head of State desires these observations to be integrated directly into the legislation, thereby strengthening its legal certainty and intelligibility.

This legal prudence is intended to prevent any ambiguity in the interpretation and implementation of the future law. Jacques Djoli, the rapporteur for the lower house, confirmed that the National Assembly has scheduled the matter for its September session. He explained that the President sought the Court's opinion due to the sensitive nature of referendums, which can touch upon fundamental issues like constitutional amendments, capital city relocation, or territorial organization.

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The Constitutional Court confirmed the conformity of the text while formulating thirteen reservations that must be taken into account during its implementation.

By requesting a revised text that incorporates the Constitutional Court's recommendations, the President aims to create a more robust legal framework. This approach ensures the law aligns with the Court's guidance and can be applied smoothly, fostering a more serene democratic debate. The renewed parliamentary scrutiny underscores the importance of referendums as a tool for popular participation in the Congolese context.

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The Head of State wanted to avoid any ambiguity and, for the sake of clarity, intelligibility, and coherence, asked the two chambers to rewrite certain provisions to take into account the observations of the Constitutional Court.