• DRC orders miners to transfer 5% capital to employees
• Requirement stems from 2018 Mining Code revision
• Government extending 5% employee stake rule to telecoms

Mining companies operating in the Democratic Republic of Congo must transfer 5% of their capital to Congolese employees by July 31, 2026. The deadline was established in a January 30, 2026 letter from Mines Minister Louis Watum Kabamba to affected companies.

Companies must submit proof of compliance to the minister's office by the deadline, including updated statutes, shareholders' agreements, maintained shareholder registers, and other documents valid under Congolese law and OHADA Uniform Acts.

The requirement derives from the Mining Code, specifically article 71 bis and article 144 bis of the Mining Regulations. These provisions mandate 10% Congolese participation in mining company capital: 5% allocated to individual Congolese citizens capable of acquiring shares, and 5% to the company's workforce. This is a prerequisite for obtaining an operating permit.

No mining company has complied with this provision since its introduction in the March 2018 Mining Code revision, according to a 2022 report by the African Natural Resources Observatory (Afrewatch). The report, titled "The Construction of Head Offices and the Participation of Congolese in the Share Capital of Mining Companies," identifies several implementation barriers: employee unawareness, lack of support policies, insufficient financing and training, limited information access, and absence of incentives for Congolese investment in mining.

The government is extending this approach to telecommunications. At the January 30, 2026 Council of Ministers meeting, President Felix Tshisekedi directed the Minister of Posts and Telecommunications and the Postal and Telecommunications Regulatory Authority of Congo (ARPTC) to negotiate with telecom companies on transferring 5% of their capital to Congolese employees.

President Tshisekedi characterized the continued non-implementation as a "legal and social anomaly" that denies workers their legal rights, creates governance imbalances, and undermines social dialogue.

Ronsard Luabeya, with Bankable