By way of Letter No. CAB.MIN/MINES/JPK/JMT/LKW/00306/2025 dated 30 January 2026, the Minister of Mines, Louis KABAMBA WATUM, issued a formal notice to all mining companies operating in the DRC regarding employee share ownership. This measure is based on Article 71 bis of the Mining Code, supplemented by Article 144 bis of the Mining Regulations, which mandate mining companies to reserve 5% of their share capital for their Congolese employees.
The letter distinguishes between two scenarios. Companies already in compliance must submit proof of such compliance to the Minister's office 'as soon as possible'.
For companies not yet in compliance, a moratorium has been granted until 31 July 2026, the mandatory deadline by which proof of compliance must be received by the administration.
Among the required documents, in accordance with OHADA law, are the updated articles of association incorporating this shareholding, shareholder agreements reflecting the new ownership structure, properly maintained registers of shareholders or partners, and any other legally valid supporting documents.
Parallel to the mining sector, during the regular meeting of the Council of Ministers on January 30, 2026, the President of the Republic highlighted the situation regarding capital participation by employees in the telecommunications sector.
Law No. 20/017 of November 25, 2020, on telecommunications and ICTs provides for the same mechanism in its Article 40: 5% of share capital reserved for Congolese workers.
The Head of State noted "with concern" that this provision, inherited from the 2002 legislation, has never been effectively implemented, describing this situation as a "legal and social anomaly" incompatible with economic sovereignty. To remedy this, the President instructed the Prime Minister to immediately mobilize the Minister of Posts and Telecommunications and ARPTC, to initiate responsible discussions with companies in the sector, and to proceed with the formal lifting of the moratorium that had deferred the capital opening.
The message to telecom operators is clear: the status quo is no longer tenable and the executive now demands full and effective operationalization of the law.
This simultaneous enforcement of requirements in both the mining and telecommunications sectors reflects a strong political will to ensure the effective implementation of local content across all strategic sectors.
From a legal standpoint, several practical difficulties remain. The legal structuring of 5% capital ownership by a collective body of workers raises the question of the appropriate mechanism: a cooperative society or association, a foundation? Furthermore, the valuation of shares and the financing of the acquisition raise questions regarding the workers' entry price and the nature of the transaction—whether a capital increase or a transfer of existing shares.
Finally, governance requires defining the political and financial rights attached to these shares, in order to reconcile profitability for the investor with social justice.
Companies will therefore need to legally secure their operations by integrating this capital-related constraint into their development and governance strategy.
LegalterLaw firm assists mining and telecommunications companies in ensuring compliance and defining appropriate legal mechanisms for Congolese workers to participate in capital ownership.