Mining companies operating in the DRC will have to demonstrate that at least 5% of their share capital is held by employees of Congolese nationality. This is the essence of a letter dated January 30, 2026, addressed to operators of mines of all metals in the country, by the Minister of Mines, Louis Watum Kabamba.
This rule of local participation in mines, although provided for in the code, has long remained a dead letter in the sector. The provision is indeed provided for in Article 71 bis of the Mining Code, Article 144 bis of the Mining Regulations, as well as other Congolese legal texts in force. It aims to strengthen the direct involvement of Congolese people in the governance and benefits of the mining sector.
“Mining companies in compliance with this requirement are requested to submit to the Minister of Mines’ office proof of their compliance,” notes the Minister of Mines’ letter. He specifies that the government grants a moratorium that will end on July 31, 2026 to companies that have not yet fully complied with this obligation.
Among the documents to attest to the regularity of the participation of Congolese employees in the share capital of mining companies, Louis Watum Kabamba mentions updated articles of association, shareholder agreements, shareholder or partner registers regularly kept, or any other legally probative document, in accordance with Congolese legislation and the Uniform Acts of OHADA.
Failure to comply with this obligation, which concerns all operators of mines of all metals in the country, could expose companies to sanctions based on the Congolese Mining Code.
So far, the ownership of mines in the DRC is largely dominated by Chinese companies that control around 80% of total cobalt production and half of the top ten mines, including significant stakes in projects like Tenke Fungurume Mining (TFM). There is also a strong participation of the state through Gécamines (Générale des Carrières et des Mines), which holds stakes in several joint ventures, although President Tshisekedi recently highlighted the opacity and poor results of these partnerships.
