Analysis of the D.R. Congolese Legal Framework Pertaining to the Mining Industry: Comparative Perspectives from the South African Framework

Abstract

This thesis examines legislation relating to the disposition of mining titles or rights and the specific imports that relate to the mining of mineral deposits, hereafter referred to as mining laws, in the Democratic Republic of Congo (DRC) and in South Africa. With a comparative case study of the DRC and South Africa legal frameworks pertaining to the mining, the study uses a blackletter research approach in terms of both data collection and analysis. The comparative analysis focuses on the existing body of knowledge concerning the world’s best practices in the mining industry and the DRC’s and South Africa’s relevant authorities and mining regulations, where the mining legislator and legislation play a paramount role in the mining industry. In overall terms, the study aims to explore the extent to which the DRC’s mining legislator, legislation and regulatory framework could effectively address the existing legal shortcomings of the Mining Code and other mining-related laws. The comparison of the DRC’s mining legislation framework with that in South Africa indicated that efforts toward good practices in the mining industry in the DRC are seriously flawed. Based on lessons learned from mining industry good practices, the Congolese legislator needs to design and implement mining industry best practices and appropriate legislation to improve conditions in the sector. Furthermore, the DRC’s legislator needs to conduct a comprehensive legal review of the DRC’s mining industry regulatory regime and align it with mining best practices.