On June 29, the National Assembly of Sénégal adopted a constitutional reform proposal—one that will now be put to a national referendum. This decision, confirmed by Justice Minister Moussa Sarr in a statement to lawmakers, follows President Bassirou Diomaye Faye’s invocation of Article 103 of the Constitution, which allows for direct public consultation on major institutional changes.
The president’s move underscores the significance of the reform, which seeks to reshape the country’s governance structure. Backed by the majority coalition originating from the PASTEF, the proposed changes aim to redefine the balance of power between the executive, legislative, and judicial branches, while introducing stricter separation of roles.
why now? the political context behind the reform
This constitutional overhaul was a central pledge of the PASTEF during the 2024 presidential campaign, promising a break from the previous political system—which its supporters criticized for concentrating too much authority in the hands of the head of state. Since taking office in March 2024, President Faye has distanced himself from the party that backed him, creating a complex dynamic where the reform is now being championed by the majority in parliament, despite strained relations with his former party.
The timing of the referendum reflects both the urgency of institutional change and the need for broader public validation. While supporters view it as an essential step toward modernizing Sénégal’s governance, critics warn it could further destabilize the delicate balance of powers, particularly amid shifting political alliances.
key changes in the proposed constitutional reform
The reform introduces sweeping changes to Sénégal’s institutional architecture, with several notable shifts:
a new constitutional court to replace the existing council
The current Constitutional Council—comprising seven members—would be replaced by a Constitutional Court with expanded powers. This new body, consisting of nine judges (including a president and vice-president), would serve six-year, non-renewable terms. Its mandate would cover constitutional, electoral, and referendum-related matters, positioning it as the highest judicial authority in these areas.
Key innovations include the court’s authority to:
- Review administrative acts related to national elections
- Rule on constitutional challenges raised before higher courts
- Enforce decisions binding on all individuals and entities, including government institutions
- Allow the Prime Minister to directly refer cases to the court—a power previously reserved for the president or a tenth of lawmakers
Proponents argue this would strengthen judicial independence, while skeptics question how the court’s composition and autonomy would be guaranteed.
rebalancing executive power: president and prime minister
The reform redefines the executive branch by clarifying the roles of the president and prime minister. While the president retains ultimate authority over national policy, the new text states that this policy must now be determined in consultation with the prime minister. This shift introduces a collaborative approach to governance, though the president remains the head of state.
Additional changes include:
- The prime minister could preside over the Council of Ministers—but only under explicit delegation from the president, with a predefined agenda
- The existence of delegated ministers would be formally recognized in the government’s composition
- The goal is to reduce the concentration of executive power around the presidency without transforming Sénégal into a parliamentary system
strengthening presidential neutrality
To curb partisan influence, the reform prohibits the president from leading a political party or coalition. The head of state could only hold an honorary position within a party and would be restricted from participating in election campaigns unless running for re-election. The text also broadens incompatibility rules, barring the president from holding any other public or private position, paid or unpaid.
These measures aim to enhance the neutrality of the presidency and prevent the conflation of state functions with partisan politics. Critics, however, argue this could weaken the link between an elected president and the coalition that supported them.
parliament gains stronger oversight
The reform empowers the National Assembly to exercise greater control over the executive branch. Key provisions include:
- Expanded investigative powers for parliamentary commissions, allowing them to summon any relevant individual
- A right of resolution, enabling lawmakers to adopt policy guidance texts
- Stricter reporting requirements for the government on natural resource management, particularly regarding investment agreements in strategic sectors
- A ban on holding ministerial positions alongside local mandates (e.g., mayor or departmental council president)
tighter rules for presidential transitions
The reform introduces a legal framework to govern the transition period between presidential elections and the swearing-in of a new president. During this interim phase, the outgoing president would face restrictions on major decisions, including:
- Prohibitions on signing long-term contracts or international agreements
- Limits on initiating significant financial operations, except in cases of state continuity
The goal is to prevent outgoing leaders from making binding decisions that could constrain the incoming administration.
what remains unchanged in the reform
Despite the sweeping changes, several core elements of Sénégal’s political system remain intact:
- The president continues to be elected by direct universal suffrage for two consecutive five-year terms
- The republican form of government is preserved
- The fundamental principles protected under Article 103 of the Constitution remain unchanged
The reform does not mark the birth of a new republic. Instead, it focuses on reorganizing institutional functions and rebalancing power dynamics without altering the fundamental nature of the regime.
