Eroding presidential term limits through unconstitutional constitutional amendments in Africa: A comparative legal analysis of selected African jurisdictions

Eroding presidential term limits through unconstitutional constitutional amendments in Africa: A comparative legal analysis of selected African jurisdictions

Juta Sinozuko & Thamsanqa Mbanjwa

Issue: Vol. 7 No.7 2026 Article 9 pp. 1862 – 1879
DOI: https://doi.org/10.38159/ehass.2026779 Published online 10th August 2026

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ABSTRACT

In several African states, constitutional amendments have been used to erode presidential term limits, facilitating democratic backsliding under the guise of legality. Although these amendments may conform to formal constitutional procedures, they often undermine foundational democratic principles and the spirit of constitutionalism. This article examined how incumbents strategically manipulate constitutional amendment processes to abolish or extend term limits, thereby consolidating personal rule. It assessed the utility of the doctrine of unconstitutional constitutional amendments, particularly the Basic Structure Doctrine, as a judicial mechanism to resist such anti-democratic manoeuvres. Drawing on a comparative analysis of selected African jurisdictions, including Uganda, Rwanda, Benin, Kenya, and the Central African Republic, the study evaluated the varying judicial responses to term limit circumvention. The findings reveal contrasting judicial approaches. While courts in Benin and the Central African Republic have invoked foundational constitutional values to invalidate such amendments, others have exercised restraint or deferred to executive authority. The article advocates for the formal recognition of the Basic Structure Doctrine within African constitutional frameworks, the entrenchment of presidential term limits, and the enhancement of judicial independence. It further calls for civic education and the cultivation of political norms that support leadership alternation. By offering doctrinal and policy-based insights, the article contributes to the discourse on constitutional resilience and judicial protection of democracy in Africa.

Keywords: Presidential Term Limits, Constitutional Amendments, Judicial Review, Basic Structure Doctrine.

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ABOUT AUTHOR(S)

Sinozuko Juta is a Lecturer at Walter Sisulu University. He holds a Bachelor of Laws (LLB) from Walter Sisulu University and a Master of Laws (LLM) from the University of the Western Cape. He is currently pursuing a Doctor of Laws (LLD) at the University of Cape Town. His research interests lie in constitutional law, comparative constitutional law, African constitutionalism, human rights, and legal research, with a particular focus on unconstitutional constitutional amendments, presidential term limits, democratic governance, and constitutionalism in Africa.

Thamsanqa Mbanjwa is a Candidate Attorney at the Walter Sisulu University Law Clinic, where he provides legal assistance to indigent members of the community while gaining practical experience in legal practice under the supervision of admitted legal practitioners. His professional interests include constitutional law, civil litigation, access to justice, and community legal services. He is committed to promoting the rule of law and ensuring meaningful access to justice through legal education and public service.

TO CITE ARTICLE

Sinozuko, Juta, and Thamsanqa Mbanjwa. “Eroding presidential term limits through unconstitutional constitutional amendments in Africa: A comparative legal analysis of selected African jurisdictions.” E-Journal of Humanities, Arts and Social Sciences 7, no.7 (2026): 1862-1879. https://doi.org/10.38159/ehass.2026779