Article 118 of the internal regulations: the Wise Men challenge the provisions on loss of mandate

Requested by the President of the Republic, the Constitutional Council validated the regularity of the procedure for adoption of the organic law modifying article 118 of the internal regulations of the National Assembly. In its decision No. 8/C/2026, rendered on September 7, it nevertheless declared several provisions contrary to the Constitution, notably relating to the loss of the parliamentary mandate.

The Constitutional Council has decided. In its decision no. 8/C/2026, rendered on September 7, 2026, the Wise Men considered the referral to the President of the Republic as regular as well as the procedure which led to the adoption of the organic law amending article 118 of the internal regulations of the National Assembly. However, they censored several provisions of the text.

The referral was made on August 27, 2026 by the President of the Republic, who asked the Constitutional Council to examine the conformity with the Constitution of this organic law adopted by the National Assembly during its session of May 8, 2026.

A referral deemed regular

Initially, the Constitutional Council ruled on its competence and the admissibility of the referral. The President of the National Assembly had notably argued that the referral was inadmissible, considering that the constitutional deadline of six days had expired. The Constitutional Council did not accept this argument.

It notes that, in accordance with Article 78, paragraph 2, of the Constitution, laws classified as organic cannot be promulgated unless the Constitutional Council has declared them to be in conformity with the Constitution. It therefore considers that the deadlines provided for appeals for unconstitutionality are not applicable to the compulsory control of organic laws. The Council concludes that the referral is regular.

Adoption in accordance with majority rules

The Sages then examined the conditions under which the organic law was adopted. Article 78, paragraph 1, of the Constitution provides that laws classified as organic are passed and modified by an absolute majority of the members making up the National Assembly.

However, according to the extract from the analytical minutes of the meeting of May 8, 2026, the text amending article 118 of the internal regulations received 127 votes for, 3 against and 2 abstentions.

The National Assembly has 165 members, the absolute majority is set at 84 deputies. The Constitutional Council therefore notes that the organic law was adopted in accordance with constitutional requirements.

Provisions on loss of mandate censored

It is on the merits that several provisions of the text were sanctioned. The Constitutional Council first recalls that articles 60 and 61, paragraph 5, of the Constitution provide for the loss of the mandate of the deputy in certain situations, in particular when he resigns from his party during the legislature or is the subject of a definitive criminal conviction.

However, the new system also provided for the loss of the parliamentary mandate “in the event of absence at ten (10) consecutive plenary sessions followed by voting”.

For the Constitutional Council, even if article 62 of the Constitution empowers the internal regulations of the National Assembly to determine the disciplinary regime of its members, this provision introduces a case of loss of mandate which is not provided for by the fundamental law. It is therefore contrary to the Constitution.

The “establishment of automatic resignation” also dismissed

The Constitutional Council also censored several occurrences of the expression “establishment of automatic resignation”. It notes that the group of words appearing in paragraph 7, as well as the relevant provisions of paragraphs 8 and 9 of Article 118, draw consequences from the provisions previously declared contrary to the Constitution. These passages are therefore also declared unconstitutional.

The Office retains a power of instruction, but regulated

The decision also provides a clarification concerning the last paragraph of article 118. This provides that a general instruction from the Bureau lays down in particular the specific provisions applicable to the absences of deputies elected in electoral constituencies located abroad.

The Constitutional Council considers that this provision can be accepted, but subject to interpretation. The general instruction cannot be used to create rules other than those intended to take into account the constraints and characteristics specific to these districts.

It must also respect the principle of equality of citizens before the law, guaranteed by the Constitution. Subject to this reservation, the Council judges this provision to be consistent with the Constitution.

The rest of the text validated

After rejecting the provisions deemed contrary to the Constitution, the Constitutional Council specifies that these are separable from the rest of the organic law. It thus decides, in its decision, that the referral is regular, that the procedure for adopting the law is regular and that the censored provisions are separated from the rest of the text.

The other provisions of the organic law are declared to be consistent with the Constitution, subject to the interpretation formulated concerning the general instruction of the Office. The decision must be published in the Official Journal of the Republic of Senegal.

The decision of the Constitutional Council therefore does not call into question the entire reform of article 118 of the internal regulations. It specifically excludes the provisions which, according to the Sages, added cases of loss of parliamentary mandate not provided for by the Constitution, while maintaining the rest of the system subject to expressly formulated interpretation.

CG DIOP