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DRC plans to enforce law reserving 5% of telecom capital for workers

DRC plans to enforce law reserving 5% of telecom capital for workers

The government of the Democratic Republic of Congo (DRC) plans to allow Congolese employees in the telecommunications sector to benefit from profits generated by their companies. According to the minutes of a Council of Ministers meeting held on Jan. 30, 2025, the executive branch plans to enforce a legal provision requiring telecom operators to reserve 5% of their capital for Congolese workers. The measure has been included in successive laws governing the sector since 2002 but has never been enforced.

The minutes state that the Minister of Posts, Telecommunications and the Regulatory Authority of the Post and Telecommunications of Congo (ARPTC) have been tasked with holding talks with telecommunications companies. The discussions are intended to define the procedures, including the financial arrangements, under which Congolese employees can take a 5% stake in the companies where they work. The move is in line with Article 40 of Law No. 20/017 of Nov. 25, 2020, on telecommunications and information and communication technologies.

The law stipulates that any telecommunications company operating in the DRC must reserve at least 30% of its share capital for Congolese ownership. Of this total, 25% is reserved for Congolese individuals or Congolese-owned companies, while 5% is expressly set aside for the company’s Congolese employees. The text further states that even if the full 30% is not immediately taken up, the company may still be established provided that the participation reserved for Congolese workers is guaranteed.

Prospect of additional income

To date, telecommunications companies operating in the DRC are largely owned by foreign parent companies and shareholders. Vodacom Congo, for example, is 51% owned by the Vodacom Group and 49% by Congo Wireless Network (CWN), a company controlled by Gambian businessman Allieu Conteh. Orange RDC is wholly owned by the French group Orange, while Airtel Congo RDC belongs to the Airtel Africa group, a subsidiary of Indian multinational Bharti Airtel. Africell RDC is owned by the U.S.-based group Africell Holding.

According to the minutes of the Council of Ministers, President Felix Tshisekedi considers the continued failure to enforce the provision to be a legal and social irregularity. He said the situation deprives workers of a legally recognised right, perpetuates imbalances in corporate governance in the sector and weakens social dialogue.

Authorities say the situation prevents Congolese workers from benefiting from the economic returns generated by companies to which they contribute directly. Enforcement of the provision would allow Congolese employees, as shareholders, to receive a share of the profits generated by their employers at the end of each financial year, in addition to their salaries.

Turnover in the telecommunications sector has been rising in the DRC for several years. It increased by nearly 9% to $2.09 billion in 2024 compared with the previous year. It is unclear whether profits have followed the same trend, as operators do not publish their financial statements.

Timothée Manoke

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