Title: Violation of the mining code in the DRC: MP Éric Ngalula challenges the Minister of Mines
Introduction :
In a context where mining represents a major economic challenge in the Democratic Republic of Congo (DRC), compliance with the mining code and the rules governing the marketing of mineral substances is essential. However, MP Éric Ngalula believes that a flagrant violation of the mining code was committed through a ministerial decree. In a written question addressed to the Minister of Mines, Antoinette N’Samba, he asks for an explanation of this decision which compromises the interests of the Congolese people.
Non-compliance with the mining code questioned:
Éric Ngalula points out that Ministerial Order No. 00049/CABMIN/MINES/01/2022, dated February 22, 2022, contradicts Article 85 of Law No. 007/2002 on the Mining Code revised in 2018. According to this article, only the holders of the exploitation title have the right to market the mining products. However, the ministerial decree challenges this freedom by establishing a tender system for the sale of mineral substances supervised by the CEEC (Economic Commission for Employment and Consumption).
A deplorable situation for players in the sector:
This intentional violation of the mining code has detrimental consequences for players in the mining sector, in particular the company SACIM. By limiting the freedom to sell mineral substances, the ministerial decree prevents the company from selling its products to the best bidder and at prices corresponding to the current market. Éric Ngalula considers this situation to be deplorable, because it goes against the interests of the Congolese people.
The request for explanations from the Minister of Mines:
Faced with this violation of the mining code, the deputy Éric Ngalula asks the Minister of Mines, Antoinette N’Samba, to revoke her ministerial decree. He also wishes to know the reasons which led to this decision which goes against the legal provisions in force. Determined to ensure compliance with the legal texts, Éric Ngalula affirms that in the event of non-response from the Minister or the maintenance of the decision, he will take the necessary measures to enforce the law, whether by interpellation or by supporting other Members who will go down this road.
Conclusion :
The violation of the mining code in the DRC, as denounced by the deputy Éric Ngalula, raises essential questions on the respect of the rules which govern the exploitation and the marketing of mineral substances. This situation compromises the interests of the Congolese people and requires explanations from the Minister of Mines