A non-profit organization called “Corps des Mandataires en Mines et Carrières” is born in the DRC

They will now be mobilized within the non-profit association “Corps des Mandataires en Mines et Carrières” (CMMC). These are the Mining and Quarrying Agents of the Democratic Republic of Congo (DRC) who have decided to work together for the defense and promotion of their profession, which is sometimes harmed following certain practices within the mining administration. .

Indeed, the official presentation of the Asbl “Corps des Mandataires en Mines et Carrières” took place on Tuesday, March 1, 2022, in the presence of the Minister of Mines, Antoinette N’Samba Kalambayi, at the Congo Fleuve Hotel in Kinshasa.

Created on July 7, 2021, the Corps of Mining and Quarrying Agents intends to position itself as the intermediary and empowered body to guarantee permanent and constant interaction with the mining administration.

The CMMC pursues five objectives, namely:

1° Promote and defend the interests of Mining and Quarrying Agents with the Government and the Mining Administration;

2° Constitute a framework for exchanges and consultations between Representatives in Mines and Quarries of the DRC;

3° To involve the Mining Agents in the various mining meetings;

4° to constantly interact with the Government and the Administration of Mines on mining matters;

5° To fight against the encroachment of the attributions of the Agents in Mines and Quarries by people without quality.

In his capacity as Executive Secretary of the Corps of Agents in Mines and Quarries, Maître Constant Mutamba, indicated during the ceremony that the establishment of this structure will have to contribute to facing several pitfalls which undermine their profession in the Democratic Republic of Congo.

“We have a rocky procedure which is provided for by the Mining Regulations, the Mining Code to be approved as a Mining Agent. And the amount seems exorbitant to us. But unfortunately, it happens that most of the Agents in Mines and Quarries see themselves being sidelined from the role which is theirs. This role is generally exercised by people without quality. And it happens that four years later, there are Mining and Quarrying Agents who, for example, have not had files to defend but who are obliged to renew the approval by paying the same amount . “, he said.

And to add: “ We also realized that there was no framework for exchanges between the administration of Mines, mainly the Ministry of Mines, the Mining Registry, and the Agents of Mines. There is no training framework for agents in Mines and Quarries. Once the Minister of Mines has approved a personality as such, they are forgotten. We no longer worry about the daily conduct of the Agents in Mines and Quarries. It happens that someone is no longer even a Mining Agent but continues to act as such . »

It is true that within the mining administration, some agents do not hesitate to take the place of Mining and Quarrying Agents, whereas it is the Mining and Quarrying Agents who are the legal guardians of mining expertise.

Master Constant Mutamba did not fail to castigate this situation of usurpation of the role of Mandatory in Mines and Quarries by certain State officials whom he describes as ” crooked agents “.

“ The Mining and Quarrying Agents are in direct contact with the Mining Code. They manipulate the mining law in general on a daily basis. And that is why we have taken the initiative with most of the fellow Mines and Quarries Agents to be able to set up this platform for permanent and constant interaction with the Mines Administration to defend and promote the interests of agents in Mines and Quarries but also and above all help with the proper application of the Mining Code . “, he explained.

With the establishment of this structure, the Ministry of Mines and the administration of Mines in general will no longer have difficulty in seeking individual Agents in Mines and Quarries as was the case in the past.

Chosen to be the godmother of the Corps of Agents in Mines and Quarries, the Minister of Mines, Antoinette N’Samba Kalambayi, welcomed this initiative which takes place in a rather particular context.

“ On this day of March 1, 2022, which I consider to be an exceptional day for the Mining and Quarrying Agents of the Democratic Republic of Congo, as it consecrates the official launch of a new professional structure made up of personalities whose attribution of the quality is organized by the Code and the mining regulations. This is the Corps of Agents in Mines and Quarries ” CMMC “, she said.

And to add: “ I am particularly touched by the mark of consideration that its initiators have shown by condescending to attribute to the ministry of which I am in charge the sponsorship not only of the activity but also of the structure. I warmly congratulate you for this ingenious initiative. . »

For the Minister Antoine N’Samba, the Corps of Agents in Mines and Quarries intervenes in a context where mining operators are sometimes misled by charlatans without legal quality, having approximate knowledge of the Mining Code and the Mining Regulations. This, to the detriment of the specialists who are the Approved Mining and Quarrying Agents.

It should be noted that the Mining and Quarrying Agents have the legal mission of representing, advising and/or assisting any person interested in the granting and exercise of mining and quarrying rights as well as in the related litigation.

Article 30 of the Mining Regulations reserves the exercise of the prerogatives provided for in Article 25 of the Mining Code only to Agents in Mines and Quarries approved by the Minister of Mines. Thus, any request submitted in the name and on behalf of a third party by any person without the status of Authorized Mining and Quarrying Agent is null and void.

The Minister of Mines, Antoinette N’Samba Kalambayi, points out that “only the law establishes the conditions and the procedure for approval as an Agent in Mines and Quarries. »

Whether it is a natural person or a legal person, the law requires the applicant to be able to justify for himself and all his staff, or associates as the case may be, the skills and in-depth knowledge of mining legislation or the management of the Mines and Quarries domain, she said.

And to the Minister of Mines to recall: “Until then, the quality of agents in mines and quarries is not definitive. The approval decree is valid for four years. And Article 30 of the Mining Regulations provides for the automatic loss of approval in the event of conviction by judgment or final judgment for offenses provided for by the Mining Code .

The mining sector is structuring in the Democratic Republic of Congo. It is even the sector around which the Congolese state was built.

As a result, the Corps of Mining and Quarrying Agents should be this framework for monitoring, exchanges and sharing of experiences between the mining administrations and the approved Mining and Quarrying Agents in order to facilitate the popularization and proper application of the mining legislation in force in the Democratic Republic of Congo.

According to the Minister of Mines, “the ideal for her is that the profession of Agents in Mines and Quarries be organized in the future into a professional body in its own right”.

On the same occasion, Minister Antoinette N’Samba promised to sign, in addition to the F92 available to the Corps of Mining and Quarrying Agents, the ministerial decree granting provisional authorization for its operation.