Mining companies operating in the Democratic Republic of Congo have until July 31, 2026, to allocate 5% of their equity to Congolese employees, according to a letter dated January 30, 2026, from Mines Minister Louis Watum Kabamba.
By that deadline, companies must submit evidence of compliance to the ministry, including updated articles of association, shareholder agreements, an up to date shareholder or member register, and any other legally valid documentation in line with Congolese law and the OHADA Uniform Acts.
The minister said the measure is based on provisions of the Mining Code, notably Article 71 bis, Article 144 bis of the Mining Regulations, and related legislation. These require mining companies to ensure at least 10% ownership by Congolese individuals. Five percent must be allocated to one or more Congolese shareholders and 5% to the workforce. Compliance is a prerequisite for obtaining an operating permit.
No mining company has yet met this requirement, which was introduced in the 2018 revision of the Mining Code, according to a 2022 report by the African Natural Resources Observatory. The report, titled The Establishment of Headquarters and Congolese Participation in Mining Companies’ Share Capital, said implementation has been hindered by a lack of awareness among employees, the absence of support policies, limited access to financing and training, insufficient information, and weak incentives to encourage Congolese investment in the sector.
The government plans to enforce a similar provision in the telecommunications sector. At a Council of Ministers meeting on January 30, 2026, President Félix Tshisekedi instructed the minister of posts and telecommunications and the Postal and Telecommunications Regulatory Authority of Congo to engage with telecoms companies to establish procedures for allocating 5% of their equity to Congolese employees.
According to the presidency, the continued failure to implement the measure denies workers a right guaranteed by law, entrenches imbalances in corporate governance, and weakens social dialogue within the companies concerned.
Ronsard Luabeya
