Mwangaza : Electricity law review violates procedures

The Mwangaza Network condemns the Minister of Water Resources and Electricity’s decision to launch a public awareness campaign for Decree-Law No. 25/025 of February 5, 2025, amending the 2014 Electricity Sector Law, without parliamentary ratification and without incorporating key demands from civil society.

In December 2024, the Minister of Water Resources and Electricity secured the approval of the Council of Ministers of the DRC government for a draft decree-law amending and supplementing Law No. 14/011 of June 17, 2014, on the electricity sector, a move that surprised key stakeholders in the sector, including the Mwangaza Network, the Congolese Association for Renewable Energy (ACERD) and other private actors.

Following this non-inclusive adoption, which came as a surprise, the Mwangaza Network learned that on February 5, 2025, the President of the Republic signed and promulgated Decree-Law No. 25/025 amending and supplementing the law on the electricity sector, while Parliament was in recess, and without authorization under Law No. 24/012 of December 20, 2024, granting powers to the Government. This violates the provisions of Article 129 of the Constitution of the DRC of February 18, 2006, as amended and supplemented in violation of the provisions of Article 129 of the Constitution of the Democratic Republic of the Congo of February 18, 2006, as amended and supplemented in 2011.

In light of this, in addition to the hasty approach taken by the Minister of Water Resources and Electricity, the irregularities observed, and the incomplete nature of the reform of a sector so vital and essential to the sustainable development of the DRC, the Mwangaza Network deplores the fact that the contributions of key stakeholders (civil society and certain private companies) have not been taken into account in this initiative.

These include:

• On the need to enhance the effectiveness of energy decentralization, rather than limiting provincial authority to 5 MW. Unfortunately, this change violates the spirit of the constitution regarding decentralization ;
• The need to develop a tax system that aligns with the DRC’s ambitions, as outlined in Article 48 of the Constitution, which enshrines universal access to energy as a right. Once again, the amendment does not reinforce this ambition ;
• The need to strengthen existing institutions to improve their effectiveness, rather than seeking to create new ones, which would increase the risk of overlap and inefficiency ;
• There is no need to create a national energy dispatch company; rather, there is a need to establish an institution to manage the transmission of electricity, which may also involve dispatch and many other technical services ;
• Because the proposed reform did not include provisions for the guarantees that the government must establish to facilitate and promote investment in energy development projects in certain areas considered unprofitable and which are often marginalized in terms of universal access to energy ;
• The need for the law to incorporate the principle of Inclusive and Intersectoral Energy Planning as a legal requirement.
• Because the proposed reform claims the right to legislate on cross-cutting issues, such as the energy transition.
• The ambiguity of attempting to award certain contracts, concessions, and licenses as special contracts without following the standard public procurement procedures.

Therefore, given that this decree-law has not yet been ratified by Parliament, on the one hand, and that the identified shortcomings must be addressed before its ratification, on the other, the Mwangaza Network calls on the Congolese government not to proceed with the dissemination of such a text, which is still under review by the National Assembly’s Energy Committee.

The Mwangaza Network also invites :

• The DRC’s technical and financial partners, notably the World Bank and the African Development Bank, should take note of Parliament’s failure to ratify this law and the persistent shortcomings. Consequently, they should withhold any support for the implementation of this ordinance until ratification that incorporates improvement proposals from key stakeholders—namely civil society and the association of electricity sector operators—is secured ;
• The Congolese Parliament has involved key stakeholders (civil society, private sector actors, and other key institutions) in the technical work of the Electricity Commission in order to address the gaps that have been identified
• The Minister of Water Resources and Electricity should not push the issue too hard, but rather ensure that key stakeholders in the sector are on board, so that the reform is inclusive and widely supported, leading to tangible results in improving access to electricity for all in the DRC

See the french summary table of the provisions amended by the April 2025 Act 

Contact: 

Me Emmanuel Musuyu, Coordonnateur

•  T: (+243) 811697699
• E-mail : emmamus023@gmail.com

Me Donat Kambola, Coordonnateur Adjoint

• T : (+243) 994834158
• E-mail : kambolalengedonat@gmail.com

Me. Erick Kassongo

• T : (+243) 815983115
• E-mail : erkassk72@gmail.com

Kinshasa, May 12, 2025