Senegal constitutional reform proposal to face popular vote

The constitutional reform bill adopted by Senegal’s National Assembly on June 29 will proceed to a referendum, as announced by Justice Minister Moussa Sarr. President Bassirou Diomaye Faye has opted for this path under Article 103 of the Constitution, marking a significant step in the country’s institutional landscape.

Why a constitutional reform now?

This reform was a cornerstone promise of the PASTEF’s 2024 presidential campaign, aiming to break away from a system critics argue has concentrated excessive power in the hands of the presidency for decades. President Faye’s decision to submit the bill to a referendum underscores his commitment to democratic validation, though it arrives amid shifting political dynamics following a rift with the party that backed his election.

Main reforms in the proposed constitutional changes

Establishment of a constitutional court

The reform replaces the existing Constitutional Council with a new Constitutional Court, expanding its jurisdiction. The court would oversee constitutional, electoral, and referendum matters, including judicial review of administrative acts linked to national elections and challenges to unconstitutional laws. It would also have authority to rule on disputes involving public institutions, with its decisions binding on all individuals and entities.

Additionally, the Prime Minister gains the right to refer cases directly to the court—a power previously limited to the President and a tenth of National Assembly members. Supporters argue this strengthens judicial independence, while critics question the court’s composition and safeguards for autonomy.

A rebalanced executive: president and prime minister

The reform redefines the executive branch without diminishing the President’s central role. It introduces a clause requiring the President to determine national policy “in consultation with the Prime Minister,” shifting toward shared governance. While the President retains core state functions, the Prime Minister would take on greater responsibility for day-to-day administration.

The Prime Minister could also preside over Council of Ministers meetings, but only under explicit delegation from the President and with a predefined agenda. The reform further acknowledges the role of delegate ministers within the government, aiming to reduce concentration of executive power without transitioning to a parliamentary system.

Stricter separation between presidency and political parties

Under current rules, the President may remain an active member of a political party. The reform bars the President from leading a party or coalition, allowing only honorary roles. The President could participate in election campaigns solely when running for re-election. The President would also be prohibited from holding any other public or private office, paid or unpaid, reinforcing the neutrality of the presidency and preventing conflation of state duties with partisan activities.

Strengthening parliamentary oversight

The National Assembly gains enhanced oversight powers, including expanded investigative committees that can summon any individual deemed relevant, and a new right of resolution allowing Parliament to adopt guiding texts. The government must also provide lawmakers with detailed reports on investment agreements in strategic sectors, particularly those involving natural resources.

Another provision prohibits ministers from simultaneously holding local elected office, such as mayor or departmental council president, further tightening accountability.

Regulating presidential transitions

The draft introduces legal safeguards for the transition period between a presidential election and the new leader’s inauguration. During this time, the outgoing President would be restricted from taking major decisions that could have long-term consequences, such as concluding strategic contracts, signing international conventions, or initiating large financial operations—unless essential to state continuity. The goal is to prevent last-minute actions that could unduly bind the incoming administration.

What remains unchanged

Despite these reforms, key features of Senegal’s political system remain intact. The President will continue to be directly elected for two five-year terms, and the republican form of government is preserved. Fundamental principles enshrined in the Constitution, including those protected under Article 103, remain unchanged. The reform does not establish a new Republic; instead, it seeks to reorganize and rebalance institutional functions while preserving the existing regime.

Political reactions and implications

While proponents view the reform as essential modernization to correct long-standing imbalances, opponents warn it risks destabilizing the separation of powers. The referendum will allow Senegalese citizens to directly endorse or reject these sweeping changes, shaping the future of the country’s governance for decades to come.