Why Senegal’s constitutional reform proposal will face a referendum

Photo: National Assembly of Senegal

The constitutional reform bill passed by Senegal’s National Assembly on June 29 will be submitted to a national referendum, as confirmed by Justice Minister Moussa Sarr. President Bassirou Diomaye Faye has opted to use this procedure under Article 103 of the Constitution to give citizens a direct say in the proposed changes.

“The president wished to inform the president of the National Assembly of his decision to submit the adopted text to a referendum,” the justice minister stated before parliamentarians. The reform, championed by the PASTEF-led majority, represents a sweeping overhaul of the country’s institutional architecture.

Key objectives include strengthening the role of Parliament, redefining the balance of power between the presidency and the prime minister, and establishing a Constitutional Court to replace the existing Constitutional Council. The government argues these changes will modernize Senegal’s institutions and address long-standing imbalances in governance.

Key objectives behind the reform

The reform has sparked intense debate within Senegal’s political landscape. Supporters view it as a crucial step toward institutional renewal and a break from the past, where power was perceived as overly centralized under the presidency. Critics, however, warn that the changes could disrupt the delicate balance of powers and introduce new uncertainties.

The referendum will allow Senegalese citizens to directly endorse or reject this reform, which was a central promise of the PASTEF’s 2024 presidential campaign. It reflects President Faye’s commitment to institutional transformation, even as his relationship with PASTEF’s leadership has grown increasingly strained since his election.

Major changes proposed in the constitutional reform

Photo: Official presidential archives

Establishment of a Constitutional Court

The reform abolishes the existing Constitutional Council and replaces it with a Constitutional Court composed of nine members, seven of whom must be judges. The court’s mandate will remain six years, non-renewable. Its powers will be significantly expanded, making it the highest judicial authority in constitutional, electoral, and referendum matters.

Among its expanded responsibilities, the new court will:

• Oversee administrative acts related to national elections,
• Rule on constitutional exceptions raised before higher courts,
• Issue binding decisions that apply to all individuals and entities,
• Allow the prime minister to directly refer matters to the court—a privilege previously reserved for the president and a tenth of National Assembly members.

Proponents argue this will enhance judicial independence, while skeptics question the court’s composition and safeguards for its autonomy.

A new balance between presidency and prime minister

The reform redefines the executive branch without diminishing the president’s central role. While the president will retain authority over national policy, the new text states that this policy will now be determined “in consultation with the prime minister.”

This introduces a logic of shared executive power, though the president remains the head of state. The prime minister will play a more prominent role in government operations, though under strict conditions. For instance, the prime minister could preside over Council of Ministers meetings only on explicit delegation from the president and with a predefined agenda.

The reform also explicitly recognizes junior ministers within the government structure, aiming to reduce the concentration of executive power around the presidency without transforming Senegal into a parliamentary system.

Stronger separation between presidency and political parties

A major innovation is the prohibition on the president holding leadership roles in any political party or coalition. The president may hold only honorary positions and may participate in election campaigns solely as a candidate for re-election. Additionally, the reform bans the president from holding any other public or private functions, paid or unpaid.

Supporters see this as a safeguard for institutional neutrality, while opponents argue it may weaken the political link between a president and the movement that elected them.

A stronger Parliament with enhanced oversight

The reform strengthens Parliament’s oversight powers. Deputies will gain new tools, including investigative commissions with broad subpoena powers and the ability to adopt resolution texts. The government will also be required to provide detailed reports on investments in strategic sectors, particularly those involving natural resources.

Another significant change is the ban on holding both a ministerial position and a local elected office, such as mayor or departmental council president.

Regulating presidential transitions

Photo: Official archives

The reform introduces a legal framework for the transition period between a presidential election and the swearing-in of the new president. During this phase, the outgoing president will face restrictions on certain actions that could have long-term consequences for the country.

Specifically, the outgoing president will be barred from concluding major international agreements, signing long-term strategic contracts, or making significant financial commitments unless they are essential for state continuity.

The goal is to prevent a departing administration from making irreversible decisions just before leaving office.

What remains unchanged

Despite the sweeping reforms, several core aspects of Senegal’s political system will remain intact. The president will continue to be elected by universal suffrage for two consecutive five-year terms. The republican form of the state and the fundamental principles protected by Article 103 of the Constitution will also remain unchanged.

Rather than creating a new republic, the reform aims to reorganize and rebalance institutional relationships without altering the fundamental nature of the regime.