The law firm « Guy Loando & associés » organized, on Wednesday 18 September 2019, a scientific workshop on the theme: « Access to mining activities and improvement of the business climate in Congolese law. »

This workshop is important in view of the importance of this key sector for the development of the DRC economy.

The senator and host of this exchange framework, Guy Loando, referred to the various indicators that demonstrate the interest shown in the DRC’s minerals.

« Unfortunately, this interest remains theoretical and new investors are still reluctant to come to the DRC. Worse still, those who have already invested do not feel comfortable, » said Guy Loando.

At the root of this situation, the participants noted the business climate. This should be further improved and the new mining code, some of whose clauses make investors hesitate.

This workshop therefore provided an opportunity for mining and business law experts to discuss and reflect on the mining sector in order to attract more investors.

The challenges of improving the business climate are threefold, said Patrick Bondonga, a speaker at the workshop. There is the institutional, infrastructural and macro-economic dimension.

For the Director General of the Mining Cadastre, Félix Mupande, the stability of Congolese law is one of the conditions for improving the business climate in the DRC.

Apart from the stability of Congolese law, the tax and customs regime of the new code is also important. A comparative analysis of the 2002 mining code and the 2018 mining code shows strengths and weaknesses for the last mining code.

Among the assets are the availability for local communities; the opportunity to increase revenues and the encouragement of Congolese participation in mining activities.

In terms of weaknesses, they mentioned surtaxes, mining royalties, unspecified strategic substances and the fact that the Prime Minister, alone, decides on the material to be classified in this category. In addition, the stability clause has been increased from 10 years to 5 years.

This scientific workshop was well attended by experts working in the mining sector. He was honoured by the presence of the Director of the Office of the Head of State, Vital Kamerhe, and the Chairman of the National Independent Electoral Commission (CENI), Corneille Nangaa.

Nadine FULA