DRC MINING LEGISLATION

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11/01/2023

Typing this into google led to a lot of information on Felix Tshisekedi’s government but in the end it was too much to read and put here…. but worth a look if interested

felix tshisekedi govt

 

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Frank Posted
Government reshuffle: the new details!

Yes the announcement has been made officially.

But only the reshuffle of the Government is likely to take another week, even 10 days more.

While many Congolese were waiting for the new Sama 2 team at the 10 p.m. editions on Congolese national radio and television this Sunday, January 15, Félix Tshisekedi rather surprised with the reshuffle of his cabinet.

According to information collected by the editorial staff of Okapinews.net, the reshuffle of the Sama Lukonde government will have to wait a little longer.

The President of the Republic will be able to make the list public after his return from Switzerland where he will take part in the World Economic Forum in Davos.

“It is true that it is imminent.

But that could happen after the return of the President of the Republic who has already been in Switzerland since last night.

Things are already fixed, the new government team will be known before the end of January.

Maybe next weekend in the evening,” said a close associate of the President of the Republic who requested anonymity.

The Ministers on whom the suspicions of corruption weigh will not be renewed, according to our source.

“For the Head of State, all the ministers who are in the sights of the General Inspectorate of Finance will not be renewed.

Already the restructuring of his cabinet has been a strong message with the sidelining of people considered to be powerful advisers…”, Continues our source.

The week that begins will certainly be rich in news.

The RTNC will certainly be the most followed media in this period when the Congolese are waiting for the new government team.

Government reshuffle: the new details!

Félix Tshisekedi has once again cleaned up his office.

Some relatives of the President of the Democratic Republic of Congo have just been replaced.

Coordinator of the coordination, monitoring and control office of the Banana deep-water port project, Kahumbu Mandungu Bula has just been appointed private adviser to the Head of State.

He replaces Fortunat Biselele in this position, who has been retained by the National Intelligence Agency (ANR) since Saturday when he was interviewed.

Sources from the non-aligned media indicate that the hearing of Biselele would be linked to his last media outing which was not appreciated at all by the camp of President Félix Tshisekedi.

Below is the list

Special Advisor to the Head of State in charge of external resources and project monitoring: NDUMBI KABANU Joe

Specialized services of the Office of the President of the Republic

1. Coordination of the presidential strategic watch unit

MWAMBA TSHISHIMBI François: Coordinator

BIRINGANINE MUBALAMA Bertin: Deputy Coordinator

Coordination of the Ecology and Sustainable Development Agency

Mrs. MALANDA DIANTUKA Marie-Pascale: Coordinator

MINENGU MAYULU John of God: Deputy Coordinator

Coordination of the Agency for the Prevention and Fight against Corruption

BULAMOTO Thierry: Coordinator

LESHAYI BODUKA Michel: Deputy Coordinator in charge of Complaints, Inquiries and Investigations

Mrs. KAMWENZIKU KUZANZAKANA Benie-Lor: Deputy Coordinator in charge of Detection, Prevention and Administration

LUSAKUENO KISONGELE MENA Francis-Philippe: Deputy Coordinator in charge of Prosecutions and Cases fixed before the courts

Coordination of the Business Climate Unit

BASHALA KABINDA Rock: Coordinator

FATA MAKUNGA Patrick: Deputy Coordinator

Coordination in charge of Youth and the Fight against Violence Against Women

MULOP YELU Chantal: Coordinator

KUKU Eric: Deputy Coordinator

Personal Service of the Head of State

Personal representative: LUVUEZO Joseph Thierry

Special Envoy: MPOYI LUABEYA Patrick

Private Advisor: KAHUMBU MANDUNGU Bula

High Representative for monitoring the Luanda roadmap and the Nairobi Process: TSHIBANGU KABEYA Serge

Internal Security Coordinator: TSHISEKEDI TSHIBANDA Jacques

Human Resources Coordinator: NZINGA Claude

Quality and performance manager: KAKESE KIMANZA François

Head of Missions: KAHASHA BIRINDWA Pacific

Greater Kivu area: KUKU MUBIAYI Rémy

Greater Kasai area: MUTOMBO LWIMBU Aristotle

Greater Kasai area: LUTANDILA Yannick

Great West Zone: Mrs BOMANDEKE Fanny

Far North Zone: KABWE MWAMBA Michel

Greater Katanga area: Mrs. KANKU GIZARO Clarisse

Monitoring of the reforms of the Congolese National Police: Mr. BANZA MALOBA Danny

Regional Integration:

Personal Assistants

1. MUNDELA KABAMUSU Paul

2. MULUMBA TSHIMPAKA Michee

3. TSHABEYA MULOMBO LINA

Logistical assistant

MULAMBA MUTEKEMENA Jean-Paul

Presidential Aviation Assistant

DECIVER MUSIRIRI Charles

Assistant Logistics Assistant

MASANGU NTOMBOLO Serge

Financial Assistant

Mrs NDONA MPIABA Rose

Private Secretary

MWAMBA KITAMBILA Bony

Mrs. MBOTO LANDU

Administrative Secretariat

MUKENGESHAY KABONGO Sylvain: Coordinator

Mrs. ELANDU Mélanie: Administrative Secretary

Mrs. TSHIBOLA Clémentine: Administrative Secretary

Steward

BILOLO WA BILOLO Alain Taty

Communication Unit of the Head of State

NYINDU KIBAMBE Éric: Director of the Communication Unit

KUSEMA KAMBA Giscard: Deputy Director in charge of writing, national press and major reports

Public Relations Officer: Mrs. KABENGELE Bibiche

Presidential Medical Service

DOCTOR SIMBA LUZOLO Christian: Doctor Director of the Presidential Medical Service and Personal Doctor of the Head of State

Dr. BADIBANGA ZAMBUKA Patrick: Deputy Director Physician and Personal Physician to the Head of State

Madame BAHUNA Marie Sylvie: Nurse of the Presidential Medical Service

Mrs. NSANGU MUPANGA Nadège: Nurse of the Presidential Medical Service

Spokesperson of the Head of State: SALAMA TINA

 

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Actualité | Remaniement du gouvernement : les nouveaux détails ! | mediacongo.net

Oui l’annonce a été faite officiellement. Oui, c’est imminent. Oui, c’est pour le mois de janvier. Mais seulement le remaniement du...

www.mediacongo.net

Government reworking: the new details!​

16.01.2023

Yes, the announcement has been made officially. Yes, it's imminent. Yes, it's for the month of January. But only the reorganization of the Government may take another week or even 10 days more.

While many Congolese were waiting for the new Sama 2 team at 10 p.m. on Congolese national television radio this Sunday, January 15, Félix Tshisekedi rather surprised with the reshuffle of his cabinet.

According to information collected by the editorial staff of Okapinews.net, the reshuffle of the Sama Lukonde government will have to wait a little longer.

The President of the Republic will be able to make the list public after his return from Switzerland where he will take part in the World Economic Forum in Davos.

"It is true that it is imminent. But it could happen after the return of the President of the Republic who has already been in Switzerland since that night. Things are already fixed, the new government team will be known before the end of January. Maybe next weekend in the evening," says a close collaborator of the President of the Republic who requested anonymity.
Ministers on whom the suspicions of corruption will not be reprimanded to believe our source.

"For the Head of State, not all ministers who are in the sights of the General Inspectorate of Finance will be renewed. Already the restructuring of his firm has been a strong message with the exclusion of people considered powerful advisors...", Continues our source.

The week that begins will certainly be rich in news. The RTNC will certainly be the most followed media during this period when the Congolese are waiting for the new government team.

Kevin INANA
Okapinews / MCP, via mediacongo.net

 

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RELEASED 15/01/2023

APPOINTING DEPUTY PRIME MINISTERS, MINISTERS OF STATE, MINISTERS, DELEGATED MINISTERS AND VICE MINISTERS

The President of the Republic​

Having regard to the Constitution of the Democratic Republic of the Congo of 18 February 2006 as amended by Law No. 11/002 of 20/8/2019 revising certain articles of the Constitution, especially in its Articles 78 paragraph 4, 79 paragraph 3 and 90 paragraph 1, 2 and 3

Having regard to Ordinance No. 21/006 of 14.2.2021 appointing a Prime Minister;
On the proposal of the Prime Minister;
Given the urgency and necessity;

ORDERS:

Article 1
The following persons are appointed as vice-prime ministers and ministers in office in relation to their names:

1 Deputy Prime Minister, Minister of the Interior, Security, Decentralization and Customary Affairs: Mr. ASÉLO DANIEL

2 Deputy Prime Minister, Minister of the Environment, Mrs. BAZAIBA MASUDI Eve

3 Deputy Prime Minister Minister of Foreign Affairs, Mr. BADIBANGA NTITA SAMY

4 Deputy Prime Minister, Minister of the Public Service, Mr. LIHAU EBUA jean pierre

5 Deputy Prime Minister, Minister of Budget, Mr. JOSEPH PAPY OKATA

Article 2
The following persons are appointed ministers of state and ministers in office in relation to their names:

6 Minister of State, Minister of Justice and Keeper of the Seals Mr. KABOMBO MWADIAMVITA Guy

7 Minister of State, Minister of Spatial Planning, Mr. MWABILU MBAYU MUKALA Pius

8 Minister of State, Minister of Higher Education and University, LUMANU BWANA SEFU Adolphe

9 Minister of State, Minister of the Portfolio, Mr. MUSUNGAYI REMY

10 Minister of State, Minister of National Defence, Mr. KABANDA KURHENGA Gilbert

11 Minister of State, Minister of Labour and Social Security, Mrs. NDUSI M'KEMBE

12 Minister of State, Minister of Planning, KAZADI KANKONDE Peter

13 Minister of State, Minister of Hydrocarbons, Mr. NYEMBO BWIZA Guylain

Article 3
The following persons are appointed, ministers in office in addition to their names

14 Minister of Finance, KAZADI KADIMA NZUNZI Nicolas

15 Minister of Relations with Parliament, Mr. KIN-KEY MULUMBA Tryphon

16 Minister of Land Affairs, Mr. SAKOMBI MOLENDO Aimé

17 Minister of Vocational Training and Trades, Mr. MOTEMONA GIBOLUM GODARD

18 Minister of Communications, Information and Communication Technology, Mrs. KIPULU NABENGA Antoinette

19 Minister of Transport and Communication, KABONGO KABONGO JEAN CLAUDE

20 Minister of Sports and Leisure, Mr. TSHIMBOMBO MUKUNA JESSY

21 Minister of Communication and Media, Mr. MONSENEMPWO Jean-Thierry

22 Minister of Foreign Trade Mr. BUSSA TONGBA Jean-Lucien

23 Minister of Agriculture, Fisheries and Livestock, Mr. NDARABU AMURANI Aruna

24 Minister of Family and Child Gender, WAMU ATAMINA Henriette

25 Minister of Public Health, Mr. MBUKULU ZOLA YVE

26 Minister of Youth, introduction to new citizenship and national cohesion,Mr. MUKE MUKENGESHAY John

27 Minister of Mines Mrs. BWATSHA NICOLE

28 Minister of Primary, Secondary and Technical Education, Mr. PAUL TSHILUMBU,

29 Minister of the National Economy, Mr. MUKE KANDONG SIMON

30 Minister of Tourism, Mr. NGOTO KENGE JOSEPH

31 Minister of Industry Mr. PALUKU KAHONGYA Julien, Minister of Urban Planning and Housing, Mr. MODERO NSIMBA

32 Minister of Hydraulic ResourcesMr. TSHIBALABALA MUKENAY FRANCIS

33 Minister of Humanitarian ActionWAKWENDABUKASA Victor

34 Minister of Infrastructure and Public Works, Mr. GISARO MUVUNYI Alexis

35 Digital Minister Mr. KIBASA MALIBA LUBALALA Augustin

36 Minister of Energy Mr. MUHANZI EUSTACHE

37 Minister of Regional Cooperation, Mr. DiEUDONNE MBAYO

38 Minister of Social Affairs Mr. LOANDO MBOYO GUY

39 human rights minstre, Albert Fabrice PUELA

40 Minister of Rural Development, Mr. RUBOTA MASUMBUKO François

41 Minister of Culture, Arts and Heritage, Mr. MUYAYA KATEMBWE Patrick

42 Minister of Small and Medium Enterprises, Mr. NTAMBWE MPOSHI Charmant-Eliezer

43. Minister of Scientific Research, Mr. KINOINI MASSAMBA

Article 4
Ministers are appointed
delegates, in addition to their names, the following persons

44 Minister Delegate to the President of the Republic, Mr. LOMATA Constant

45 Deputy Minister at the Prime Minister, Mr. BUNGANI MBANDA JEAN JACQUES

Article 5
The following persons are appointed vice-ministers in office after their names:

46 Deputy Minister of Mines, Mr. BEIA TSHILENGE GECKO

47 Deputy Minister of Public Health, Mrs. NSIMBA BAGAYA MARIE ANGE

48 Deputy Minister of Primary, Secondary and Technical Education, Mrs. NAMASIA BAZEGO AMINATA

49 Deputy Minister of Transport and Communication, Mr. MAZENGA MAKANZU DIDIER

50 Deputy Minister of National Defence, Mr. AMATO BAHIZIRHE MIRINDI

51 Deputy Minister of the Budget, Mr. BALESHAY Ted

52 Deputy Minister of the Plan, Mr. NZUZI PATHY

53 Deputy Minister of Justice Mrs. KARUME BAKANEMA ANNE MARIE

54 Deputy Minister of Hydrocarbons, Mr. KISOMBE TOTSHUMANY

55 Deputy Minister of Finance MR. MVULA KALAMBA PAPY

56. Deputy Minister of Industry, Mr. BINGOTO MANDOKO Elonga Serge

Article 6
All previous provisions contrary to this Ordinance are repealed

Article 7
The Prime Minister is responsible for the execution of this order, which takes effect on the date of its signature.

Done in Kinshasa, on 11/01/2023
Félix-Antoine Tshisekededi Tshilombo
Jean-Michel Sama Lukonde Kyenge
Prime Minister
For Certified copy in accordance with the original
NYEMBO BWIZA Guylain
Chief of Staff
MINISTERS AND DELEGATESAPPOINTMENTPRESCRIPTIONPRESIDENCY OF THE REPUBLIC

 

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RELEASED 18/01/2023

Tshisekedi and the great purge: After the Presidency, the Government in the sights​

January 18, 2023 TIGHANA MASIALA 0

At the Presidency of the Republic, the twilight of their “Excellences” Gentlemen Councilors has sounded. Many of those who adorned the precarious of the President of the Republic have cleared the floor. The next round of this turmoil is now being played out in the Government, where a technical reorganization is taking shape.

It is not good to be a special adviser or adviser at all to the Presidency of the Republic. These days, one wonders in the immaculately walled corridors of the presidential palaces who will be the next to suffer a humiliating downfall. At the Palais de la Nation as at the City of the African Union, we now shave the walls. You have to keep a low profile and, by a serious work of introspection, review all the dirty tricks in which you have taken an active part. It is an understatement to say that from now on, everyone is wary of everyone. You see "traitors" everywhere. Behind every flowerpot, the curtains, every closed door.

From small schemes to colossal bribes to influence peddling "on the orders of the High Hierarchy" which makes even members of the government tremble; processions with flashing lights and screaming sirens, the head of state's advisers had pushed indecency to surreal limits. Whether they come from the “diaspora” or fished out of the noisy backwater of “standing parliamentarians”, their Excellencies MM. the advisers (as they like to call themselves) ended up annoying public opinion and Félix Tshisekedi himself has heard about it for a long time. And reluctantly, he decided to crack down. It was time. Because his advisers, some of whom, it is said, have scandalously enriched themselves and openly boasted of the protection they claim to enjoy at the highest peak of the state.

In the beginning there was François Beya, all-powerful Special Adviser on Security to the Head of State, who fell overnight because of outrageous remarks (in the DRC we speak of insulting the Head of State). Relaxed after a few months spent in ANR jails and the central prison of Makala, he was released after a formal trial. Then came the turn of Vidiye Tshimanga, in charge of strategies. “Trapped” by fake investors who filmed him negotiating his share (20%) in setting up a deal in the mining sector, he was fired to dampen the public outcry. He too will be arrested, judged, then… released.

The dismissals systematically pronounced to the advantage of those close to Félix Tshisekedi implicated in scabrous cases ended up supporting the thesis according to which justice itself was under orders. And that the front embastillments were intended to save face for a regime where predation had become the rule and integrity the exception. Above all, these parodies of justice have exacerbated the mistrust of investors with regard to a regime which claims to make the fight against corruption its battle horse, mouthing the trumpet of the improvement of the climate of business.

THE GREAT CLEANUP HAS BEGUN
It was too much. Less than a year from the general elections, the President of the Republic has finally decided to sweep his court, and to clean up his stables at Augeas. To bring to heel these men and women who, believing themselves to be very powerful, invest television sets.
Under the pretext of extolling the “vision” of the Head of State, they were in fact engaged in their own premature electoral campaign.

Now, presidential advisers are falling like dead leaves. For having brought to light the underside of the agreements concluded by the Head of State and his Rwandan counterpart, Fortunat Biselele, known as "Bifort", was thanked.

His remarks in a program by journalist Alain Foka earned him an unexpected downfall. The opinion wondering if the private adviser of the Head of State had expressed himself on such a sensitive matter without the approval of the boss. According to some sources, he was heard on the premises of the ANR.

But, beyond the major cleaning that the President of the Republic has just carried out, the cursor is now placed on the Government where a profound reorganization is never again imminent.
Friday in the Council of Ministers, Felix Tshisekedi reversed his ministers that a tsunami was coming. Some – at least the great number – will be swept away by the winds of change. In the political parties members of the Sacred Union of the Nation, it is the vigil of arms.
Eco news

Tshisekedi et la grande purge : Après la Présidence, le Gouvernement dans le viseur - L'info qui fait échos

A la Présidence de la République, le crépuscule de leurs « excellences » Messieurs les conseillers a sonné. Bon nombre de ceux qui ornaient le <a class="mh-excerpt-more" href="https://econewsrdc.com/tshisekedi-et-la-grande-purge-apres-la-presidence-le-gouvernement-dans-le-viseur/"...

econewsrdc.com

 

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14/02/2023
@Frank Posted
Brassage of mining active ingredients: Ounes for the strengthening of laws

On Saturday February 11, 2023 the Government of the DRC, during the last Council of Ministers, adopted a law in the mining sector.

This is the draft decree manual of procedures relating to transactions on mining assets of public enterprises.

For Observatory of Studies and Support for Social and Environmental Responsibility (Oearse), the government must go further.

In a statement published on February 13, he pleads for the strengthening of laws, but also to have a retrospective look at all the transactions previously carried out on mining assets of public enterprises at the expense of the interests of the State and the companies.

Indeed, for the DRC government, the concern is to supervise the process.

Which will in particular promote transparency, but will also promote the advertising process, the preservation of the interests of the State and the public enterprises concerned.

Thanks to this, the brading of mining active ingredients will end.

Oearse salutes this initiative, but recalls that since the advent of the new mining code, there has been a brading of mining assets.

”Unfortunately, many assets were ceded to private operators in violation of the mining code and the law n ° 08/010 of July 07, 2008 fixing the rules relating to the organization and management of the state portfolio.

This situation deprives important financial resources to certain public enterprises and the State to date, "the press release said.

In this press release, Ounes cited the case of the Kamoto Copper Company project.

For this NGO, the contract with this company must if necessary be revisited.

”Require more control of contractual obligations and or even revisit the contract of the Kamoto Copper Company project”, insists Oearse.

It must be said that Oearse is not the only organization to have raised your voice on this issue.

Others also did it.

This is the case to say it of "Congo is not for sale" and so many others.

Thus, this NGO considers that it "therefore becomes urgent for the government of the Republic to continue this momentum of strengthening the legal arsenal.

Because, the transactions previously carried out on mining assets of public enterprises were in opacity and the Congolese state remains the great loser. ”

mediacongo

 

[Mr Inappropriate]

https://congomines.org/system/attachments/assets/000/000/101/original/GOVRDC-2003-ReglementMinier-EN.pdf?1430927814

Here is the 2018 version of the Mining Regulations. These Regulations sit under the Mining Code and provide some procedural direction and additional detail. The two documents should be read together, noting that the Mining Code takes precedence.

I can’t for the life of me find an English version of this document as updated in 2018. If anyone finds it please post here. Otherwise translate the relevant sections using ChatGPT.

Some Interesting sections (the bolding is mine)

Chapter III: RENUNCIATION OF THE RESEARCH PERMIT

Article 118: Establishment and Filing of the Declaration of Renunciation of the Research Permit

In case of total or partial renunciation of the Research Permit, the holder or their representative in mining and quarrying fills out and files with the central or provincial Mining Cadastre, the declaration of renunciation of the Research Permit. Official Journal - Special Issue - June 12, 2018

Mining Regulations

99

The declaration of renunciation is established on a form and notably includes the following information:

• The references of the Research Permit;

• The number of the grant decision;

• The grant date;

• The administrative location: territory, district, province;

• The surface area of the Research Permit;

• The geographic coordinates of the vertices of the perimeter renounced;

• The geographic coordinates of the vertices of the perimeter retained in case of partial renunciation.

The original Certificate of Research of the holder is attached to the declaration of renunciation.

Article 119: Admissibility or Inadmissibility of the Declaration of Renunciation of the Research Permit

Upon receipt of the declaration of renunciation of the Research Permit, the central or provincial Mining Cadastre verifies if it is admissible.

The declaration is admissible if it is duly established, signed, and supported by the required documents in accordance with Article 118 above.

In case of admissibility of the declaration of renunciation, the central or provincial Mining Cadastre issues to the holder a receipt indicating their name and address, the date of deposit, the references of the Research Permit, and the number of renounced squares.

In case of inadmissibility of the request, the central or provincial Mining Cadastre returns or sends the file to the holder, giving them the reason.

Article 120: Examination of the Declaration of Renunciation of the Research Permit

Within ten working days from the date of deposit of the declaration of renunciation, the central or provincial Mining Cadastre verifies if:

• The Research Permit is valid and not affected by force majeure;

• The renounced and retained squares are part of the perimeter covered by the Research Permit;

• If applicable, the retained part of the perimeter has the shape of a polygon composed of contiguous whole squares that do not contain any land that is not part of the perimeter;

• The renounced part of the perimeter is not the subject of a lease, sale, transmission, or option or mortgage contract. If this is the case, the holder must provide evidence that they have obtained the written consent of the creditor not to oppose the renunciation.

If the declaration of renunciation meets the above conditions, the central or provincial Mining Cadastre transmits the declaration to the Minister within the time limit provided for in the preceding paragraph.

If the holder's declaration of renunciation does not comply with the above conditions, the central or provincial Mining Cadastre notifies the holder of the inaccuracy of the declaration and suggests the necessary corrections.

Article 121: Acceptance of the Declaration of Renunciation of the Research Permit

Upon receipt of the file of the declaration of renunciation of the Research Permit, the Minister acknowledges it by order which they transmit to the central Mining Cadastre. The latter sends it to the provincial Mining Cadastre where the declaration was filed.

Subject to the provisions of Articles 119 and 120 above, if the Minister does not acknowledge a declaration of renunciation within three months from the date of its filing, the declaration is deemed accepted.

Article 122: Notification and Display of the Decision Acknowledging the Declaration of Renunciation of the Research Permit

Upon receipt of the Order acknowledging the declaration of renunciation of the Research Permit, or at the expiration of the prescribed period...

Title V: ON THE OPERATING PERMIT

Chapter I: GRANTING OF THE OPERATING PERMIT

Section I: General provisions

Article 142: Limitations on the scope of the Operating Permit

The scope requested under the Operating Permit must be part of the scope of the valid Research Permit and cannot exceed four hundred seventy-one (471) squares.

Article 143: Conditions for granting the Operating Permit

In addition to the conditions for granting the Operating Permit listed in Article 71 of the Mining Code, the applicant must meet the following conditions:

• Be the holder of one or more valid Research Permits, whose research scope or all research scopes include the scope requested under the Operating Permit; • Be eligible for the Operating Permit; • Not exceed the limits regarding the area or number of authorized Operating Permits.

Article 144: Notarized declaration of the transfer of 10% of the company's share capital to the State

The notarized declaration of the transfer of 10% of the company's share capital to the State, represented by shares or stocks, free of any encumbrances and non-dilutable, is established by the person or persons legally competent in the company. This commitment document specifies:

• The corporate name of the company; • The company's bylaws, a copy of which is attached to the commitment declaration; • The form and value of the shares or stocks of its share capital; • The number and total value of the shares of the legal entity's share capital at the time of the notarized declaration; • The number and total value of the shares or stocks of the legal entity's share capital provided immediately after the transfer of 10% of the shares or stocks of the share capital to the State; • The form, assignments, number, and value of the 10% of the legal entity's share capital shares that will be transferred to the State.

The final part of the commitment document includes a request to the Congolese State to provide details on:

• The public person who will acquire the shares or stocks; • The date of the first meeting on the issue of the transfer of the company's shares or stocks; • The natural persons appointed by the Congolese State for this meeting.

The commitment declaration is subject to technical review. The Mining Directorate verifies the accuracy of the information provided in points c to f of the commitment document.

Section IV: On the Minister's decision
Article 154: Modalities of the Minister's decision-making process The modalities of the Minister's decision-making process are defined in Article 76 of the Mining Code.

However, in the case of partial transformation of the applicant's Exploration Permits, the preliminary and conditional decision, as well as the final decision, specify the research areas that have not been transformed.

In the absence of a decision within the required timeframe, the Mining Permit is deemed to be granted or refused depending on whether the cadastral, technical, and environmental certificate opinions are favorable or unfavorable.

Article 155: Registration of the Mining Permit Upon receipt of the preliminary and conditional decision, the Mining Cadastre registers it on the technical sheet of the application and in the general registration book. Upon receipt of the final granting decision, the central Mining Cadastre temporarily registers the Mining Permit in the register of granted rights.

The refusal decision is registered by the Mining Cadastre in the general registration book.

In the absence of automatic registration of the granted or deemed granted Mining Permit by the Mining Cadastre within the required timeframe, the applicant or their representative must request registration of their right within sixty working days from the expiration of the decision-making authority's deadline. Official Journal - Special Edition - June 12, 2018

Mining Regulations

120

In the absence of registration by the Mining Cadastre of the granted or deemed granted Mining Permit within the deadlines mentioned in the previous paragraph, the applicant or their representative may resort to the judicial registration procedure in accordance with Article 46 of the Mining Code.

Article 156: Notification of the Minister's decision Within five days of receiving the Minister's decision, the central or provincial Mining Cadastre where the application was filed notifies the applicant, free of charge, by the fastest and most reliable means and posts it in the public consultation room.

The notification of the final decision to grant the Mining Permit indicates the amount to be paid by the applicant for prorated surface rights per square for the first year of the Mining Permit's validity.

The notification also specifies the deadline for payment of this amount and for the transfer to the State of 10% of the shares or equity of the applicant legal entity. The deadline will be thirty working days after the date of the final granting decision.

Section V: Payment of prorated surface rights for the first year of validity and transfer of shares or equity to the State
Article 157: Payment of prorated surface rights per square for the first year of validity Within thirty working days of receiving the notification of the final granting decision of the Mining Permit, the holder of the Mining Permit pays the prorated surface rights amount indicated in the debit note, to a bank account opened in the name of the central Mining Cadastre.

If there is a preliminary and conditional decision by the Minister, the prorated surface rights for the Mining Permit are only due when the preliminary decision becomes final. In this case, the amount is determined in accordance with paragraph 2 of Article 201 of the Mining Code.

When paying prorated surface rights per square, the central or provincial Mining Cadastre issues a receipt or a certificate to the holder, indicating their name, the amount, and the date of payment. Official Journal - Special Edition - June 12, 2018

Mining Regulations

121

The mention of the payment of prorated surface rights per square for the first year by the holder is entered by the Mining Cadastre in the register of annual prorated surface rights per square.

 

[MoneyBags1348]

Here is the 2018 version of the Mining Regulations. These Regulations sit under the Mining Code and provide some procedural direction and additional detail. The two documents should be read together, noting that the Mining Code takes precedence.

I can’t for the life of me find an English version of this document as updated in 2018. If anyone finds it please post here. Otherwise translate the relevant sections using ChatGPT.

Some Interesting sections (the bolding is mine)

Chapter III: RENUNCIATION OF THE RESEARCH PERMIT

Article 118: Establishment and Filing of the Declaration of Renunciation of the Research Permit

In case of total or partial renunciation of the Research Permit, the holder or their representative in mining and quarrying fills out and files with the central or provincial Mining Cadastre, the declaration of renunciation of the Research Permit. Official Journal - Special Issue - June 12, 2018

Mining Regulations

99

The declaration of renunciation is established on a form and notably includes the following information:

• The references of the Research Permit;

• The number of the grant decision;

• The grant date;

• The administrative location: territory, district, province;

• The surface area of the Research Permit;

• The geographic coordinates of the vertices of the perimeter renounced;

• The geographic coordinates of the vertices of the perimeter retained in case of partial renunciation.

The original Certificate of Research of the holder is attached to the declaration of renunciation.

Article 119: Admissibility or Inadmissibility of the Declaration of Renunciation of the Research Permit

Upon receipt of the declaration of renunciation of the Research Permit, the central or provincial Mining Cadastre verifies if it is admissible.

The declaration is admissible if it is duly established, signed, and supported by the required documents in accordance with Article 118 above.

In case of admissibility of the declaration of renunciation, the central or provincial Mining Cadastre issues to the holder a receipt indicating their name and address, the date of deposit, the references of the Research Permit, and the number of renounced squares.

In case of inadmissibility of the request, the central or provincial Mining Cadastre returns or sends the file to the holder, giving them the reason.

Article 120: Examination of the Declaration of Renunciation of the Research Permit

Within ten working days from the date of deposit of the declaration of renunciation, the central or provincial Mining Cadastre verifies if:

• The Research Permit is valid and not affected by force majeure;

• The renounced and retained squares are part of the perimeter covered by the Research Permit;

• If applicable, the retained part of the perimeter has the shape of a polygon composed of contiguous whole squares that do not contain any land that is not part of the perimeter;

• The renounced part of the perimeter is not the subject of a lease, sale, transmission, or option or mortgage contract. If this is the case, the holder must provide evidence that they have obtained the written consent of the creditor not to oppose the renunciation.

If the declaration of renunciation meets the above conditions, the central or provincial Mining Cadastre transmits the declaration to the Minister within the time limit provided for in the preceding paragraph.

If the holder's declaration of renunciation does not comply with the above conditions, the central or provincial Mining Cadastre notifies the holder of the inaccuracy of the declaration and suggests the necessary corrections.

Article 121: Acceptance of the Declaration of Renunciation of the Research Permit

Upon receipt of the file of the declaration of renunciation of the Research Permit, the Minister acknowledges it by order which they transmit to the central Mining Cadastre. The latter sends it to the provincial Mining Cadastre where the declaration was filed.

Subject to the provisions of Articles 119 and 120 above, if the Minister does not acknowledge a declaration of renunciation within three months from the date of its filing, the declaration is deemed accepted.

Article 122: Notification and Display of the Decision Acknowledging the Declaration of Renunciation of the Research Permit

Upon receipt of the Order acknowledging the declaration of renunciation of the Research Permit, or at the expiration of the prescribed period...

Title V: ON THE OPERATING PERMIT

Chapter I: GRANTING OF THE OPERATING PERMIT

Section I: General provisions

Article 142: Limitations on the scope of the Operating Permit

The scope requested under the Operating Permit must be part of the scope of the valid Research Permit and cannot exceed four hundred seventy-one (471) squares.

Article 143: Conditions for granting the Operating Permit

In addition to the conditions for granting the Operating Permit listed in Article 71 of the Mining Code, the applicant must meet the following conditions:

• Be the holder of one or more valid Research Permits, whose research scope or all research scopes include the scope requested under the Operating Permit; • Be eligible for the Operating Permit; • Not exceed the limits regarding the area or number of authorized Operating Permits.

Article 144: Notarized declaration of the transfer of 10% of the company's share capital to the State

The notarized declaration of the transfer of 10% of the company's share capital to the State, represented by shares or stocks, free of any encumbrances and non-dilutable, is established by the person or persons legally competent in the company. This commitment document specifies:

• The corporate name of the company; • The company's bylaws, a copy of which is attached to the commitment declaration; • The form and value of the shares or stocks of its share capital; • The number and total value of the shares of the legal entity's share capital at the time of the notarized declaration; • The number and total value of the shares or stocks of the legal entity's share capital provided immediately after the transfer of 10% of the shares or stocks of the share capital to the State; • The form, assignments, number, and value of the 10% of the legal entity's share capital shares that will be transferred to the State.

The final part of the commitment document includes a request to the Congolese State to provide details on:

• The public person who will acquire the shares or stocks; • The date of the first meeting on the issue of the transfer of the company's shares or stocks; • The natural persons appointed by the Congolese State for this meeting.

The commitment declaration is subject to technical review. The Mining Directorate verifies the accuracy of the information provided in points c to f of the commitment document.

Section IV: On the Minister's decision
Article 154: Modalities of the Minister's decision-making process The modalities of the Minister's decision-making process are defined in Article 76 of the Mining Code.

However, in the case of partial transformation of the applicant's Exploration Permits, the preliminary and conditional decision, as well as the final decision, specify the research areas that have not been transformed.

In the absence of a decision within the required timeframe, the Mining Permit is deemed to be granted or refused depending on whether the cadastral, technical, and environmental certificate opinions are favorable or unfavorable.

Article 155: Registration of the Mining Permit Upon receipt of the preliminary and conditional decision, the Mining Cadastre registers it on the technical sheet of the application and in the general registration book. Upon receipt of the final granting decision, the central Mining Cadastre temporarily registers the Mining Permit in the register of granted rights.

The refusal decision is registered by the Mining Cadastre in the general registration book.

In the absence of automatic registration of the granted or deemed granted Mining Permit by the Mining Cadastre within the required timeframe, the applicant or their representative must request registration of their right within sixty working days from the expiration of the decision-making authority's deadline. Official Journal - Special Edition - June 12, 2018

Mining Regulations

120

In the absence of registration by the Mining Cadastre of the granted or deemed granted Mining Permit within the deadlines mentioned in the previous paragraph, the applicant or their representative may resort to the judicial registration procedure in accordance with Article 46 of the Mining Code.

Article 156: Notification of the Minister's decision Within five days of receiving the Minister's decision, the central or provincial Mining Cadastre where the application was filed notifies the applicant, free of charge, by the fastest and most reliable means and posts it in the public consultation room.

The notification of the final decision to grant the Mining Permit indicates the amount to be paid by the applicant for prorated surface rights per square for the first year of the Mining Permit's validity.

The notification also specifies the deadline for payment of this amount and for the transfer to the State of 10% of the shares or equity of the applicant legal entity. The deadline will be thirty working days after the date of the final granting decision.

Section V: Payment of prorated surface rights for the first year of validity and transfer of shares or equity to the State
Article 157: Payment of prorated surface rights per square for the first year of validity Within thirty working days of receiving the notification of the final granting decision of the Mining Permit, the holder of the Mining Permit pays the prorated surface rights amount indicated in the debit note, to a bank account opened in the name of the central Mining Cadastre.

If there is a preliminary and conditional decision by the Minister, the prorated surface rights for the Mining Permit are only due when the preliminary decision becomes final. In this case, the amount is determined in accordance with paragraph 2 of Article 201 of the Mining Code.

When paying prorated surface rights per square, the central or provincial Mining Cadastre issues a receipt or a certificate to the holder, indicating their name, the amount, and the date of payment. Official Journal - Special Edition - June 12, 2018

Mining Regulations

121

The mention of the payment of prorated surface rights per square for the first year by the holder is entered by the Mining Cadastre in the register of annual prorated surface rights per square.

I really appreciate your efforts Mr I for finding the 2018 Mining Regulations and posting this information here. I think it’s understandable that Nigel doesn’t update shareholders every step of the way.

Between dealing with the corrupt ministers and officials in the DRC and their Chinese conspirators and lawyers, and having to translate all communication from English to French to Swahili to Mandarin and back again who would update shareholders every time something changes.

For me it has been long past time to move on from gripes with the BOD and back them in this fight as it’s our fight too.

Having had to study various legislation in the past, I don’t want to have to do it anymore and I trust the legal instructions we are getting now are confidential as has been the case up until now.

I think the only AVZ shareholders here that might be up to translating the Mining Regulations and the Mining Code and going through it might be @Bin59 or @9cardomaha but I personally think it’s best left to lawyers that can read and translate French.

I’m very sorry I can’t be more help with this but reading the mining regulations you posted above brought back memories of why I decided year’s ago not to go down that path again…. If I do, please give me one of your famous cock punches and snap me out of it!!

 

[Mr Inappropriate]

I really appreciate your efforts Mr I for finding the 2018 Mining Regulations and posting this information here. I think it’s understandable that Nigel doesn’t update shareholders every step of the way.

Between dealing with the corrupt ministers and officials in the DRC and their Chinese conspirators and lawyers, and having to translate all communication from English to French to Swahili to Mandarin and back again who would update shareholders every time something changes.

For me it has been long past time to move on from gripes with the BOD and back them in this fight as it’s our fight too.

Having had to study various legislation in the past, I don’t want to have to do it anymore and I trust the legal instructions we are getting now are confidential as has been the case up until now.

I think the only AVZ shareholders here that might be up to translating the Mining Regulations and the Mining Code and going through it might be @Bin59 or @9cardomaha but I personally think it’s best left to lawyers that can read and translate French.

I’m very sorry I can’t be more help with this but reading the mining regulations you posted above brought back memories of why I decided year’s ago not to go down that path again…. If I do, please give me one of your famous cock punches and snap me out of it!!

View attachment 29816

I think its just natural curiosity borne out of helplessness that makes me do it…

There‘s also a certain irony in reading up on laws and regulations to get an understanding of what *should* happen when we all know that said laws and regulations are being pissed away in favour corrupt self-interest.

 

[MoneyBags1348]

19/02/2023
@Mr Inappropriate Posted
Here’s a better translation.
"Only Article 48ter of the revised 2018 Mining Code sets the conditions for cancelling or revoking an Operating Permit. The MinMes Order on Dathcom violates this and gives the impression of a political decision without legal or technical basis, which undermines the business climate." (NGOs)

————

And here is Article 48 of the Mining Code those playing at home.

CHAPTER III: THE PROCEDUREFORGRAINTGMINING AND/OR QUARRY RIGHTS AND THE ISSUE OF MINING AND /OR QUARRY TITLES
Article 48 bis: From the beginning of the period of validity

mining and/or quarry rights.

The period of validity of mining and/or quarry rights begins to run from the day of notification of the decision to grant the applicant, notification of ex officio registration or service of the judge's decision provided for in Article 46 of this Code.

Article 48 ter: Extinction of mining rights and/or

quarries Mining and/or quarry rights are extinguished by:

a. lapse;
b. cancellation. ;
c. expiration;
d. waiver;
e. withdrawal.

Mining and/or quarry rights become automatically null and void pursuant to Article 47 paragraph 2 of this Code.

They may be annulled, with retroactive effect, by decision of the administrative judge seised for annulment by an officer of the Public Prosecutor's Office or an injured third party, within three months of the publication of the award decision in the Official Journal or failing that, within three months of the date on which it became known, for illegality, in the event of lack of competence of thegranting authority, a defect in form or a misuse of powers by the granting authority.

Mining and/or quarry rights expire when they come to an end, in accordance with Articles 61, 78, 94, 106, 144 and 163 of this Code.

They are extinguished by total renunciation of their holders, in accordance with articles 60, 79, 96, 108, 145 paragraph 4 and 164 of this Code. In the event of a partial renunciation, the mining and/or quarry rights shall lapse on the part of the perimeter which is the subject of the said renunciation, in accordance with the same provisions.

At the end of the revocation of the holder, the Research Permit, the Exploitation Permit , theDsicharge Exploitation Permit and the Small Mine Exploitation Permit, the authorizations for the exploitation of permanent quarries other than those of materials of commonly used construction shall be withdrawn by the Minister, and by the provincial Minister of Mines for Permanent Quarrying Authorizations, in accordance with section 290 of this Code.

Mining and/or quarry rights may be withdrawn or revoked, without retroactive effect, by the granting authority in the event of illegality at the time of granting, within three months of the publication of the grant decision in the Official Journal or, failing that, in the three months following the date on which it became aware of its existence, either at therequest of an injured third party or on the initiative of the granting authority.

The Mining Regulation shall determine the manner in which this article is to be applied."

Off the the Mining Regs we go… (translation by chatgpt)

Chapter III: RENUNCIATION OF EXPLORATION PERMIT

Article 118: Filing and deposit of the declaration of renunciation of the Exploration Permit

In the event of total or partial renunciation of the Exploration Permit, the holder or his/her representative in mines and quarries completes and files with the central or provincial Mining Cadastre, the declaration of renunciation of his/her Exploration Permit.

The declaration of renunciation is established on a form and includes in particular the following information:

• The references of the Exploration Permit;
• The number of the grant decision;
• The date of the grant;
• The administrative location: territory, district, province;
• The surface area of the Exploration Permit;
• The geographical coordinates of the vertices of the perimeter relinquished;
• The geographical coordinates of the vertices of the perimeter retained in the event of partial renunciation.

The original Exploration Certificate of the holder is attached to the declaration of renunciation.

Article 119: Admissibility or inadmissibility of the declaration of renunciation of the Exploration Permit

Upon receipt of the declaration of renunciation of the Exploration Permit, the central or provincial Mining Cadastre checks whether it is admissible.

The declaration is admissible if it is duly established, signed, and supported by the documents required in accordance with Article 118 above.

In the event of admissibility of the declaration of renunciation, the central or provincial Mining Cadastre issues a receipt to the holder indicating his/her name and address, the date of deposit, the references of the Exploration Permit, and the number of squares renounced.

In the event of inadmissibility of the request, the central or provincial Mining Cadastre returns or sends the file to the holder, stating the reason.

Article 120: Processing of the declaration of renunciation of the Exploration Permit

Within ten working days from the date of the deposit of the declaration of renunciation, the central or provincial Mining Cadastre verifies whether:

• The Exploration Permit is valid and not subject to a force majeure case;
• The squares renounced and retained are part of the perimeter covered by the Exploration Permit;
• If applicable, the part of the perimeter retained has the form of a polygon composed of contiguous whole squares that does not contain lands that are not part of the perimeter;
• The part of the perimeter relinquished is not subject to a lease, assignment, transmission, or option or mortgage contract. If this is the case, the holder must provide proof that he/she has obtained the written consent of the creditor not to oppose the renunciation.

If the declaration of renunciation meets the conditions set out above, the central or provincial Mining Cadastre transmits the declaration to the Minister within the time limit provided in the preceding paragraph.

If the holder's declaration of renunciation does not comply with the above-mentioned conditions, the central or provincial Mining Cadastre notifies the holder of the inaccuracy of the declaration and suggests the necessary corrections.

Article 121: Acceptance of the declaration of renunciation of the Exploration Permit

Upon receipt of the file of the declaration of renunciation of the Exploration Permit, the Minister takes note of it by decree which he/she transmits to the central Mining Cadastre. The latter sends it to the provincial Mining Cadastre where the declaration was filed.

Subject to the provisions of Articles 119 and 120 above, if the Minister fails to acknowledge a declaration of renunciation within three months from the date of its filing, the declaration is deemed accepted.

Article 122: Notification and Posting of the Decision Acknowledging the Declaration of Renunciation of the Research Permit

Upon receipt of the order acknowledging the declaration of renunciation of the Research Permit or upon expiration of the prescribed period to acknowledge it, the central or provincial Mining Cadastre shall post the order or the declaration of renunciation deemed accepted in the public consultation room. It notifies the holder free of charge by the fastest and most reliable means.

Article 123: Modification of Entries and the Research Certificate

In the case of partial renunciation, the central or provincial Mining Cadastre shall modify the registration of the Research Permit in the register of granted rights as well as the mapping of the research perimeter on the map of mining impacts. It shall proceed to modify the Research Certificate by recording the partial renunciation and returning it to the holder within a period of five days from the registration.

Article 124: Effects of Total or Partial Renunciation of the Research Permit

The effects of renunciation are those provided for in article 60 paragraphs 5 and 6 of the Mining Code.

 

[MoneyBags1348]

22/02/2033
@Mr Inappropriate Posted

From the 2018 Mining Code
Article 62: Conditions for the renewal of the Research Permit
The Research Permit is renewable provided that the holder :

a. has not failed to comply with its obligations to maintain the validity of the permit under sections 196 to 199 of this Code by submitting:
- proof of the certification of commencement of work duly issued by the Mining Cadastre ;
- proof of payment of annual surface fees per square and tax on the area of mining and hydrocarbon concessions.
b. submits a report of the research carried out during the previous period of validity of his title and the results obtained ;
c. submits a timetable for carrying out the research work ;
d. proves the effective opening of a Research Centre duly certified by the local authorities and the Provincial Mines Division;
e. has not failed in its fiscal, parafiscal and customs obligations;
f. identifies the remaining phases to be completed to reach the final stage of reserve certification and the development of feasibility studies;
g. presents the supplementary budget in relation to the programme of research work corresponding to the remaining phases listed above.

The application for renewal of the Research Permit is sent by the applicant to the Mining Cadastre at least three months and not more than six months before the date of expiry of the Permit, and must contain the the following information:
a. the particulars provided for in subparagraphs b and c of Article 35 of this Code;
b. the number of squares to be renewed and their location ;
c. the identity of the companies ;
d. the nature, number and size of the perimeters of the Research Permits held by the holder and his affiliated companies.

On the occasion of renewal, the holder of the Research Permit automatically renounces at least 50% of the perimeter covered by his permit and must develop and obtain the approval of the revised Mitigation and Rehabilitation Plan for the proposed activity, before continuing the work mining research.

The Mining Regulation determines the terms and conditions of the deposit, admissibility or inadmissibility, the investigation, the decision to renew the Research Permit as well as its registration and display.

 

[MoneyBags1348]

23/02/2023
Carlos Posted

https://eiti.org/sites/default/files/attachments/j_o_ndeg_speicial_du_28_mars_2018_code_minier.pdf

 

[MoneyBags1348]

23/0/2023
Carlos Posted

So another question, was it unrealistic for AVZ to be seeking PE over the entire tenement, given the fact CDL is very much a PR project , with only a few holes poked in the south ?

No. The mining code doesn't specify that work needs to be carried out across the whole tenement to apply for a PE. The applicant holding the PR only needs to prove the resource is economical to mine in regards to drilling requirements. AVZ received the favourable opinions for the full 221 carrés. CAMI's approval was signed off by Mupande.

How could the initial ML decree include the south of CDL , but not the north ?

Because that's where the declaration submitted by Dathcom cut it off. From memory it was on the line of our most northern drill holes.

Where in DRC mining law does it state that could happen ?

Article 60. As long as the applicant submits a declaration of partial renunciation.

 

[Mr Inappropriate]

Does anyone have a copy of the Dathcom JV agreement in English?

Apologies if it’s here somewhere and I’ve missed it.

 

[MoneyBags1348]

Does anyone have a copy of the Dathcom JV agreement in English?

Apologies if it’s here somewhere and I’ve missed it.

Mr I, I’m pretty sure not many people look at this thread. You might be better asking this question to @Sammael or @Carlos Danger on the main thread. I think they are both good at transcribing French into English.

I’m sorry I don’t have much time at the moment to be more helpful, hopefully they can help

 

[MoneyBags1348]

RELEASED 15/01/2023

APPOINTING DEPUTY PRIME MINISTERS, MINISTERS OF STATE, MINISTERS, DELEGATED MINISTERS AND VICE MINISTERS

The President of the Republic​

Having regard to the Constitution of the Democratic Republic of the Congo of 18 February 2006 as amended by Law No. 11/002 of 20/8/2019 revising certain articles of the Constitution, especially in its Articles 78 paragraph 4, 79 paragraph 3 and 90 paragraph 1, 2 and 3

Having regard to Ordinance No. 21/006 of 14.2.2021 appointing a Prime Minister;
On the proposal of the Prime Minister;
Given the urgency and necessity;

ORDERS:

Article 1
The following persons are appointed as vice-prime ministers and ministers in office in relation to their names:

1 Deputy Prime Minister, Minister of the Interior, Security, Decentralization and Customary Affairs: Mr. ASÉLO DANIEL

2 Deputy Prime Minister, Minister of the Environment, Mrs. BAZAIBA MASUDI Eve

3 Deputy Prime Minister Minister of Foreign Affairs, Mr. BADIBANGA NTITA SAMY

4 Deputy Prime Minister, Minister of the Public Service, Mr. LIHAU EBUA jean pierre

5 Deputy Prime Minister, Minister of Budget, Mr. JOSEPH PAPY OKATA

Article 2
The following persons are appointed ministers of state and ministers in office in relation to their names:

6 Minister of State, Minister of Justice and Keeper of the Seals Mr. KABOMBO MWADIAMVITA Guy

7 Minister of State, Minister of Spatial Planning, Mr. MWABILU MBAYU MUKALA Pius

8 Minister of State, Minister of Higher Education and University, LUMANU BWANA SEFU Adolphe

9 Minister of State, Minister of the Portfolio, Mr. MUSUNGAYI REMY

10 Minister of State, Minister of National Defence, Mr. KABANDA KURHENGA Gilbert

11 Minister of State, Minister of Labour and Social Security, Mrs. NDUSI M'KEMBE

12 Minister of State, Minister of Planning, KAZADI KANKONDE Peter

13 Minister of State, Minister of Hydrocarbons, Mr. NYEMBO BWIZA Guylain

Article 3
The following persons are appointed, ministers in office in addition to their names

14 Minister of Finance, KAZADI KADIMA NZUNZI Nicolas

15 Minister of Relations with Parliament, Mr. KIN-KEY MULUMBA Tryphon

16 Minister of Land Affairs, Mr. SAKOMBI MOLENDO Aimé

17 Minister of Vocational Training and Trades, Mr. MOTEMONA GIBOLUM GODARD

18 Minister of Communications, Information and Communication Technology, Mrs. KIPULU NABENGA Antoinette

19 Minister of Transport and Communication, KABONGO KABONGO JEAN CLAUDE

20 Minister of Sports and Leisure, Mr. TSHIMBOMBO MUKUNA JESSY

21 Minister of Communication and Media, Mr. MONSENEMPWO Jean-Thierry

22 Minister of Foreign Trade Mr. BUSSA TONGBA Jean-Lucien

23 Minister of Agriculture, Fisheries and Livestock, Mr. NDARABU AMURANI Aruna

24 Minister of Family and Child Gender, WAMU ATAMINA Henriette

25 Minister of Public Health, Mr. MBUKULU ZOLA YVE

26 Minister of Youth, introduction to new citizenship and national cohesion,Mr. MUKE MUKENGESHAY John

27 Minister of Mines Mrs. BWATSHA NICOLE

28 Minister of Primary, Secondary and Technical Education, Mr. PAUL TSHILUMBU,

29 Minister of the National Economy, Mr. MUKE KANDONG SIMON

30 Minister of Tourism, Mr. NGOTO KENGE JOSEPH

31 Minister of Industry Mr. PALUKU KAHONGYA Julien, Minister of Urban Planning and Housing, Mr. MODERO NSIMBA

32 Minister of Hydraulic ResourcesMr. TSHIBALABALA MUKENAY FRANCIS

33 Minister of Humanitarian ActionWAKWENDABUKASA Victor

34 Minister of Infrastructure and Public Works, Mr. GISARO MUVUNYI Alexis

35 Digital Minister Mr. KIBASA MALIBA LUBALALA Augustin

36 Minister of Energy Mr. MUHANZI EUSTACHE

37 Minister of Regional Cooperation, Mr. DiEUDONNE MBAYO

38 Minister of Social Affairs Mr. LOANDO MBOYO GUY

39 human rights minstre, Albert Fabrice PUELA

40 Minister of Rural Development, Mr. RUBOTA MASUMBUKO François

41 Minister of Culture, Arts and Heritage, Mr. MUYAYA KATEMBWE Patrick

42 Minister of Small and Medium Enterprises, Mr. NTAMBWE MPOSHI Charmant-Eliezer

43. Minister of Scientific Research, Mr. KINOINI MASSAMBA

Article 4
Ministers are appointed
delegates, in addition to their names, the following persons

44 Minister Delegate to the President of the Republic, Mr. LOMATA Constant

45 Deputy Minister at the Prime Minister, Mr. BUNGANI MBANDA JEAN JACQUES

Article 5
The following persons are appointed vice-ministers in office after their names:

46 Deputy Minister of Mines, Mr. BEIA TSHILENGE GECKO

47 Deputy Minister of Public Health, Mrs. NSIMBA BAGAYA MARIE ANGE

48 Deputy Minister of Primary, Secondary and Technical Education, Mrs. NAMASIA BAZEGO AMINATA

49 Deputy Minister of Transport and Communication, Mr. MAZENGA MAKANZU DIDIER

50 Deputy Minister of National Defence, Mr. AMATO BAHIZIRHE MIRINDI

51 Deputy Minister of the Budget, Mr. BALESHAY Ted

52 Deputy Minister of the Plan, Mr. NZUZI PATHY

53 Deputy Minister of Justice Mrs. KARUME BAKANEMA ANNE MARIE

54 Deputy Minister of Hydrocarbons, Mr. KISOMBE TOTSHUMANY

55 Deputy Minister of Finance MR. MVULA KALAMBA PAPY

56. Deputy Minister of Industry, Mr. BINGOTO MANDOKO Elonga Serge

Article 6
All previous provisions contrary to this Ordinance are repealed

Article 7
The Prime Minister is responsible for the execution of this order, which takes effect on the date of its signature.

Done in Kinshasa, on 11/01/2023
Félix-Antoine Tshisekededi Tshilombo
Jean-Michel Sama Lukonde Kyenge
Prime Minister
For Certified copy in accordance with the original
NYEMBO BWIZA Guylain
Chief of Staff
MINISTERS AND DELEGATESAPPOINTMENTPRESCRIPTIONPRESIDENCY OF THE REPUBLIC

24/03/2023
New Sama Lukonde 2 Ministry

After several weeks of waiting, the Sama 2 Government was finally published this Thursday, March 23, 2023 in the evening.

Among the "big surprises", include the entries of Vital Kamerhe and Jean-Pierre Bemba. The two allies of President Tshisekedi are respectively appointed Deputy Prime Minister of Economy and Defense.

Here are, in full, the people appointed as members of the Government!

Deputy Prime Minister in charge of the Interior: KAZADI KANKONDE Peter;

Deputy Prime Minister in charge of National Defense: BEMBA GOMBO Jean-Pierre;

Deputy Prime Minister in charge of the National Economy: Kamerhe Vital;

Deputy Prime Minister of Foreign Affairs: Christophe Lutundula;

Deputy Prime Minister of Public Service: LIHAU EBUA Jean-Pierre;


Ministers of State

Environment and Nature Conservation: Bazaiba Masudi Eve;

Justice and Keeper of the Seals: Mutumbo Kiesse Rose;

Infrastructure and Public Works: Gisaro Alexis;

Regional Integration: Mbusa Nyamuisi;

Budget: Boji Sangara Aimé;

Portfolio: Kayinda Adele;

Plan: TULUKA SUMWINA Judith;

HABITAT: Pius Mwabilu;

Rural Development: François Rubota;

MINISTERS

Finance: Nicolas Kazadi;

Health: Samuel Kamba Mulamba Roger;

Agriculture: Jose Mpanda;

EPST: Tony Mwaba;

Transport: Ekila Marc;

Fishing and Livestock: Bokele Adrien;

Industry: Julien Paluku;

Employment and Social Welfare: Claudine Ndusi Kembe;

Entrepreneurship: NZINGA DESIRE;

ESU: Muhindo Nzangi;

Scientific Research: Kabanda Gilbert;

MINES: Nsamba Kalambayi;

Hydrocarbons: Budimbu Didier;

PTNTIC: Augustin Kibassa Maliba;

Digital: Eberande KOLONGELE;

LAND AFFAIRS: Aimé Sakombi Molendo;

Foreign Trade: Jean Lucien Bussa;

Human Rights: Fabrice Puela;

Tourism: Didier Manzenga;

Communication and media: Patrick Muyaya;

Social Affairs: Modeste Mutinga;

Professional Training: KIPULU Bernadette;

Youth and Initiation to New Citizenship: BUNKULU ZOLA Yves;

Sports: Kabulo Mwana Kabulo;

Culture: KATUNGU FURAHA Catherine;

Relations with Parliament: Anne Marie Karume;

Minister to the President of the Republic: Nana Manwanina

Minister Delegate PVH: ESAMBO IRENE;

Deputy Ministers

Interior: MOLEPE JC;

Foreign Affairs: Crispin MBADU;

Justice: MAMBU LAU;

Map: BETIKA PASCAL;

Budget: BOKULWANA;

National Defense: ADUBANGO SAMY;

Finance: NSELE O'NEIGE;

MINES: MOTEMONA GODARD;

Public Health: OLENE SERGE;

EPST: NAMASIA AMINATA;

HYDROCARBONS: MOLEKA WIVINE;

TRANSPORTATION: KILUBU Seraphine;

RDC : Voici tous les membres du Gouvernement Sama 2

Après plusieurs semaines d’attente, le Gouvernement Sama 2 a enfin été publié ce jeudi 23 mars 2023 dans la soirée. L’ordonnance portant nomination de cette nouvelle équipe a été lue sur les antennes de la Radio Télévision Nationale Congolaise (RTNC). Parmi les « grandes surprises », figurent...

7sur7.cd

 

[MoneyBags1348]

25/03/2023
Cruiser Posted

DRC’s President Tshisekedi reshuffles cabinet ahead of election​

Analyst says the overhaul of the DRC’s 57 member-cabinet just months before the election is a ‘deeply political shuffle’.

President of the Democratic Republic of the Congo Felix Tshisekedi during a joint news conference at the Summit on Financing African Economies in Paris, France, on May 18, 2021 [Ludovic Marin/Reuters]

Published On 24 Mar 202324 Mar 2023
The Democratic Republic of the Congo’s President Felix Tshisekedi has appointed the country’s former vice president Jean-Pierre Bemba, who was imprisoned for more than 10 years for war crimes, as defence minister in a sweeping government reshuffle.
His appointment was part of an overhaul of the 57 member-cabinet, which the president’s spokesperson said was “urgent and necessary”, in an announcement on national television late on Thursday. No further details were given.

The reshuffle, which was more extensive than observers had predicted, comes just months before a presidential election on December 20, in which Tshisekedi is likely to seek a second term.
“This a deeply political shuffle,” said Jason Stearns, director of the Congo Research Group and professor at Canada’s Simon Fraser University.
Presidential candidates are expected to be announced next October, with a final list due in November. One likely challenger for the presidency is Martin Fayulu, who claimed victory in the 2018 poll. Another is Moise Katumbi, former governor of the oil-rich Katanga province.
Tshisekedi appointed Vital Kamerhe, his former chief of staff who was released from prison in December 2021 following an embezzlement conviction, as economy minister.

Nicolas Kazadi was maintained as finance minister.
The appointments bring political heavyweights into the government, strengthening Tshisekedi’s coalition before elections, Stearns said.
“Key positions are given to senior politicians who have large constituencies to please but little expertise in their new ministries. Kamerhe is not an economist. Bemba was a rebel but has little formal military training,” he said.
Kamerhe, an influential Congolese power broker, was sentenced to 20 years in prison in 2020 for embezzling nearly $50m from a presidential economic programme. He denied the charges.

His sentence was reduced to 13 years on appeal the following year but a higher court overturned the judgement in June 2022.

Bemba, a former rebel leader was arrested in 2008 by the International Criminal Court for war crimes and crimes against humanity committed by his troops in the Central African Republic between 2002 and 2003.
He was acquitted and released 10 years later after his conviction was reversed on appeal. He was, however, accused and convicted on lesser charges of witness tampering during the trial.
SOURCE: NEWS AGENCIES

 

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26/03/2023
Frank Posted

Tshisekedi builds a tailor-made team to go to the elections

Bemba, Kamerhe and Mbusa Nyamwisi join Prime Minister Lokonde's team.

"The elephants have agreed to settle down to go to the manger", explains, without bluntness, an observer of Congolese political life who says he is "little surprised" by these entries into the government of Vital Kamerhe, Jean-Pierre Bemba or even Antipas Mbusa Nyamwesi.

Three men, three heavyweights, three provinces who should (or let believe that they could) bring back a bunch of votes to the outgoing president in view of the presidential election still announced for December 20 next despite the repeated hiccups in voter registration still underway in the Democratic Republic of Congo.

Jean-Pierre Bemba takes over National Defence, Vital Kamerhe the Economy portfolio and Mbusa Nyamwesi that of Regional Integration.

The three men know the head of state well, they were together in 2018 when the Congolese opposition thought they could speak with one voice against Joseph Kabila's foal... until November 12 of that year, the next day the appointment in Geneva by this quartet, flanked by Moïse Katumbi, Adolphe Muzito and Freddy Matungulu, of Martin Fayulu as the sole opposition candidate.

A single candidate who was only there for 24 hours, the time for the Tshisekedi – Kamerhe tandem to renounce its commitment and set off as a duo to conquer the presidency.

A dubious bet which will however allow Felix Tshisekedi to settle at the head of the State, at the end of an electoral agreement which will not worry about the vote of the voters.

(We are still awaiting the publication of the first electoral P.V. of this election).

A little more than four years after this electoral hold-up, Corneille Nanga, former president of the Independent National Electoral Commission (Ceni), great organizer of this election and main architect of this deception, now a presidential candidate, publicly admitted that It was an “electoral agreement” and not a victory obtained at the ballot box.

Sharing the second term cake

Jean-Pierre Bemba like Vital Kamerhe would have seen each other well in the post of Prime Minister.

But Félix Tshisekedi, as a licensed puppeteer, managed not to decide.

They will both be Deputy Prime Minister.

Sama Lokonde is back at the head of the executive.

A lesser evil for the presidency which can thus claim to keep a Katangese (the richest province, that of Kabila and his main opponent Moïse Katumbi) at the head of the government.

A Prime Minister already very happy to keep his folding seat, which will not overshadow these newcomers for the home stretch of this term of office which should end in nine months.

The cohabitation between these heavyweights will not necessarily be obvious, but by agreeing to join this team, "they have shown, to use a footballing image, that they really need playing time to agree to get on the field without have the captain's armband", continues our observer who, like several other witnesses, points to the position attributed to Vital Kamerhe.

Kabila's former ally, who entered the opposition before becoming Tshisekedi's partner, was indeed sentenced to 20 years in prison at first instance (reduced to 16 years on appeal, before the judgment was quashed) for embezzlement of public funds.

“If it is with poachers that we make the best game wardens, the Congolese economy will be an example,” laughs a diplomat.

President Félix Tshisekedi's troops are now in battle order for the presidential election.

The Head of State has secured the services of Jean-Pierre Bemba, a voice maker in Greater Equateur, he has in his pocket the two strong men of South Kivu, Vital Kamerhe and Modeste Bahati, the President of the Senate, and in North Kivu, he can count on Mbusa Nyamwesi and Julien Paluku (who retains the Ministry of Industry).

In a one-round ballot, with a stranglehold on the Ceni and the Constitutional Court, remembering the 2018 scenario, this new organization chart should allow the power to consider extending its lease as head of state.

Opposition forced to respond

The Kasaï, family land of Tshisekedi being acquired, the structure put in place allows itself to snub somewhat Grand-Bandundu and Maniema lands of Matin Fayulu and Matata Ponyo, but also Katanga where the power hopes to attenuate the weight of Moïse Katumbi thanks to the presence and the massive registration… of Kasaians who have migrated to this province.

Faced with this presidential machine, these opponents must quickly be able to provide an answer by managing to unite and put forward a name.

It remains to be seen what role the Catholic Church, exhausted by the presidency of Tshisekedi, can (will) play.

The same question arises for former President Joseph Kabila, inaudible so far.

The man from Kingakati must be smiling in his beard when he discovers that the members of his political family who have abandoned him lately (Mende, Boshab, etc.) have not found a place in the presidential cast.

 

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https://eiti.org/sites/default/files/attachments/drc_2018_validation_initial_assessment_final_april_2019.pdf

 

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30/03/2023
Frank Posted

Adèle Kayinda: “Communicators and AFDC members insulted me for a year. I am in the SAMA II government on behalf of ALDEC”

The portfolio minister Adèle KAHINDA MAHINDA settles accounts with the members of the AFDC group and allies of Modeste BAHATI whom she dismissed from her cabinet because of the insults suffered for more than a year according to her own statements.

The Minister of State in charge of the portfolio renewed within the SAMA government says that she was appointed on the basis of her skills and her membership in the sacred union as ALDEC and not AFDC.

“I am in the government like ALDEC.

The word of God recommends me to love God and my neighbour. I was thanked with insults for more than a year by communicators and members of the AFDC and allies group. All of this belongs to the past. I joined the sacred union like ALDEC” declared the one who is now cold with Bahati Lukwebo the president of the Senate.

It should be noted that all the members of his cabinet from the AFDC-A and AFDC party group led by Professor Modeste Bahati Lukwebo, President of the Senate who were dismissed wrote letters of resignation to conceal their ejection from the cabinet.

It is exactly:

1. Advisor: Thierry Betu

2. Advisor: Kelly Mussamba

3. Advisor: Louis DIBERE

4. Councilor Faustin Kambala

5. Research officer: Bazin Pembe

6. Head of studies: Christian Baseme

7. Secaba: Sandra Loakondjo

8. Ops: Nyhoul Mongulu

9. Ops: Sylvie Muamini

10. Ops: Glory Kikobia

11. Hostess: Grandma Muchiga

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