DRC Lifts Mandatory Mining Tender Rule to Restore Commercial Freedom
The Democratic Republic of Congo’s Minister of Mines, Kizito Pakabomba Karinga Mulume, has officially repealed Ministerial Order No. 00049/CAB.MIN/MINES/01/2022, which had mandated the sale of mineral substances through tenders supervised by the Center for Expertise, Evaluation and Certification (CEEC).
The decision, announced on Monday, June 2, 2025, aims to restore the legal right of mining operators to freely market their products, in line with Articles 85 and 108 octies of the Congolese Mining Code.
The 2022 order required holders of mining rights to sell their products through competitive bidding processes overseen by the CEEC.
While intended to ensure transparency and fair pricing, the regulation was widely criticized for restricting the freedom of companies to choose their buyers and for creating unnecessary bureaucratic hurdles.
One of the strongest objections came from Anhui Congo Mining Investment Company (SACIM), which denounced the measure as a barrier to commercial freedom and a cause of significant financial losses.
In 2023, National MP Éric Ngalula Ilunga questioned then-Minister of Mines Antoinette N’Samba Kalambayi over the issue, arguing that the ministerial order contravened the Mining Code’s provisions on commercialization rights. However, no corrective action was taken at the time.
A mining tender is a formal bidding process through which mineral products are sold to the highest bidder.
While such tenders can promote transparency and potentially maximize state revenue, their compulsory use was viewed by many in the industry as an unnecessary and unjustified restriction on the autonomy of mining operators.
In his decree, Minister Kizito instructed both the Secretary General of Mines and the Director General of the CEEC to ensure the immediate implementation of the new directive, which takes effect upon signature.
This policy reversal marks a significant shift toward deregulation and is expected to be welcomed by mining companies operating in the DRC, reaffirming their right to freely negotiate and market their mineral output.
