Bakwanga subject to payment of annual surface area fees


Kinshasa, April 15th, 2022(CPA) – The Minister of Mines, Antoine Nsamba Kalambayi, in agreement with the Mining Cadaster (CAMI), reminded the mining company of Bakwanga (MIBA), as a public company with mining permits exploitation, that it is subject to the payment of annual surface rights per square, like any mining company operating in the Democratic Republic of Congo, indicates a press release from this ministry received Friday, at the CPA.

According to the source, this action is consecutive to the action taken by the Mining Cadaster, which, after having given formal notice to all the mining operators debtors of the surface rights including the MIBA, transmitted to the Minister of Mines, in accordance with the provisions of the code and mining regulations, draft decrees with a view to forfeiture for non-payment of these rights in accordance with the mining regulations (see articles 286 and 287 of the mining code and regulations), specifying that article 12 of the mining code confers on the CAMI , technical service of the ministry, the responsibility of managing the domain and the mining titles.

It is in this context, indicates the source, that the supervision of the Congolese mining sector signed the decrees of forfeiture of the holders of the mining rights including, not only the private holders, but also the companies of the State such as SAKIMA, SOKIMO , SODIMICO, Kissingen Manganese and MIBA. The same source indicates that after appeals filed by the holders of mining titles against forfeiture under Article 561 of the Mining Code; these appeals were examined by a commission set up.

She adds that on the instructions of the President of the Republic, Félix-Antoine Tshisekedi Tshilombo, at the end of the examination, largesse was granted to State companies, thanks to their status as public companies. This is how the ministerial decrees reporting the disqualification decrees were signed to restore the MIBA to its rights. The payment of the said rights is made in proportion to 50% in the treasury account and 50 others in the account of the Mining Cadastre.

This payment is made no later than March 31 of each year. If this legal obligation is not fulfilled within the time limit, the holder incurs forfeiture. Clearly, with regard to the MIBA file, notes the source, it should be noted that this company in the portfolio of the State, has not lost its rights, it continues to keep its rights on the permits. The signing of the order forfeiture does not affect the validity of the mining title, the right remains valid, notwithstanding the forfeiture.

Throughout the review period, the right retains its validity. The act which removes the mining rights from the patrimony of its holder is the withdrawal order. This withdrawal order, indicates the source, until proven otherwise, has not been signed. « When the voices rise to say that the MIBA has been stripped of its permits, it is pure and simple ignorance tinged with a certain amount of brainwashing », underlines the source, adding that the MIBA has not not known the withdrawal, but the forfeiture which was reported through the signing of the act of commitment between this company and the Ministry of Mines, accompanied by resolutions to henceforth manage the mining perimeters concerned in a rational manner and to fulfill the payment of its surface rights within the time limit. It should be noted that the Head of State and the Government are fighting for the revival, in the near future, of the “Minière de Bakwanga”, which was involved in the social welfare of thousands of Congolese.