From the street to the Constitutional Court, do the Congolese people have a say?

By: Béni Josian BOBANGA WAWA

Several African States have limited in their Constitutions the number and term of office of the
President of the Republic. This is particularly the case in the Democratic Republic of Congo.
Indeed, by limiting to two1 the mandate of the President of the Republic, the Constitution of
February 18, 2006 endeavoured to avoid that the country relives the drama of the second
Republic dictatorship.

The Constitution has however faced serious difficulties in its implementation. Unfortunately,
still today, two mandates do not seem to be enough for heads of state in the DRC.
The main signs of this desire include: attempts – some successful, others missed, to revise the
constitution in matters revolving around the status of the head of state, delaying tactics and
excuses in the organisation of elections, and attempts to circumvent the intangible provisions
through negotiations.

So, this syndrome of the third presidential term generates a crucial question at this stage of its
manifestation: from the street to the Constitutional Court, do the Congolese people have a
say? Before analysing the role of the actors, we will try to study this famous syndrome of the
third presidential term.

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