« Constitutions in Africa : who benefits from revisions? Today, in many African countries, the alternation in power has become almost impossible: the powers that modify the provisions of the Constitution limiting the mandates to allow for applications to life of their leader. After Chad, Benin ... This question raises debates. As he will be the same for DR Congo where the Constitution provides only five-year term renewable once? "To preserve the democratic principles contained in this Constitution against the vagaries of political life and untimely revisions, the provisions relating to the republican form of government, the principle of universal suffrage, the representative form of government, the number and the term of office of the President of the Republic, the independence of the judiciary, political and trade union pluralism can be no constitutional revision »

INFLATION REVISIONIST ARE PEOPLE: Before Idriss Deby, we note that the presidents Ould Taya (Mauritania), Ben Ali (Tunisia), Conte (Guinea), Omar Bongo (Gabon), or Gnassingbe Eyadema (Togo) took advantage such a constitutional amendment allowing them to be re-elected.It is normal to redraft the laws that govern the people.The French Constitution of 1789 does not-she postulated that "the nation has the imprescriptible right to change its Constitution"?Based on this review of power, depending on the circumstances and interests of all kinds, African governments have, wish to, constitutional amendments process, so that African constitutions have been suffering from a revisionist inflation.This is often justified by the constant search for appropriate institutions to the needs and level as economic, social and cultural.The second trend, positive, stands out for the game of power drop after exercise two consecutive terms, respecting the spirit and letter of the Constitution.This is the case of Presidents Konaré of Mali and Rawlings of Ghana.Generally, the review revolves around the status of the head of state, the devolution of political alternation;more precisely, it relates to the extension of the presidential term or not.At this level, two trends emerge: the first, negative, lies in the path of renewal or extension of the mandate of the expired after two successive mandates;re-eligibility does doing once.This is the case of presidents Lansana Conte of Guinea, Eyadema of Togo ... This provision is clear from the preamble to the Constitution of the 3rd Republic promulgated February 18, 2006 by President Joseph Kabila.It is also included in Article 220. In fact, since the early nineties (1990), Sub-Saharan Africa is to experience a profound renewal of the legal system, moving towards an effective democratic transition where the Head of State is no longer the center of everything, mingling with the political system itself.This provision constitutes a kind of safeguard against the excessive thirst and repeated revisions "abusive" of the Constitution.Especially when we know full well that the African constitutionalism has never ceased to be under construction.If nothing prohibits what Parliament amends, supplements or repeals the previous legislation, the right of the state, however, must be reconciled with the rule of law.In principle, the sovereignty of the people can be initiated only by the people themselves.What the people did, it belongs to him alone, to undo it in return.Supreme law and place of foundation of legitimate power in the state, is not immutable, the Constitution, in flexible or rigid form, is revised frequently by states."This revision has an important dimension in the evolution of African constitutionalism, not only because it is a driving force and but;above all, because it demonstrates certain conceptions of political power in the entire continent ", writes the Chadian research professor Adja Djounfoune.As for the new Constitution of the Democratic Republic of Congo (DRC), the review is also planned.In terms of law, nothing against it.To this end, Article 223 of the Constitution stipulates that the initiative of the revision belongs jointly to the President of the Republic, following a decision taken by the Cabinet and Parliament members.STATE LAW RULE OF LAW?Two modification methods are possible: the revision by referendum, and that carried out by Parliament in exercise.This latter approach is often preferred.The reason is simple: the presidential majority coincides with the parliamentary majority, the trick is played faster.In Chad, for example, Article 61 of the current Constitution clearly stipulates that the President of the Republic is elected for a term of five (5) years by direct universal suffrage.It is re-elected once.Can we assume that tomorrow, at the end of the second mandate, Article 61 can be changed in the direction to lengthen the presidential term came forward?The political upheavals in many African states are already telltale signs of the difficulties that African leaders have in finding a satisfactory solution to the problem of governance.The constitutional revision may be dangerous to the process and the consolidation of democracy.Today it is one of the stakes of the struggle for power: everyone wants to amend the Constitution to ensure a decisive advantage in the attainment or maintenance to state orders.This inevitably affects the principle of political alternation or presidential.