Supporting our clients in areas where partnership with us can bring real value.
Contentious Matters
Contentious Matters
- Lead Counsel to Stanbic Bank Zambia Limited in relation to a dispute with Trade Kings Limited involving the breach of forward exchange contract valued at US$ 4.8 million, representing the first-ever derivatives litigation in the Zambian jurisprudence.
- Counsel to Madison Investment Property and Advisory Co. Limited in relation to a dispute on aspects of corporate legal personality. A matter which has become one of the latest selected supreme court judgments to clarify principles of corporate legal personality and piecing of a corporate veil under Zambian law.
- Acting as Counsel for Government of the Republic of Zambia in an international arbitration before the Permanent Court of Arbitration.
- Acting as Counsel before the International Court of Arbitration of the International Chamber of Commerce (“ICC”) in a claim by Hotellier Limited against the Trade Development Bank.
- Advisors to Sinohydro Limited (“Sinohydro”), which is a China-State owned construction company that was awarded the EPC contract for the Kafue Gorge Dam and Hydroelectric Power Plant in 2015. The project is expected to produce about 750 MW of power once completed. We provided Sinohydro with legal advice regarding tax aspects of the project from a Zambian law perspective. This full implementation of the project is expected to fetch a total investment of USS$2 billion.
- Advisors to Kalumbila Minerals Limited, a subsidiary of First Quantum Minerals (“FQM”) Limited which one of the largest mines in Zambia, in relation to the USD7.6 billion tax assessments by the Zambia Revenue Authority and challenging the same.
- Advisors to Liebherr Zambia Limited, a subsidiary of Liebherr Limited, in relation to a transfer pricing audit assessment by the Zambia Revenue Authority.
- Advisors to Nampak Zambia Limited, a subsidiary of Nampak international Limited, in relation to a transfer pricing audit assessment by the Zambia Revenue Authority.
- Handling various tax litigation before the Tax Appeals Tribunal on behalf of several leading corporates entities in Zambia including Copperbelt Energy Corporation Plc, Zambian Breweries PLC and Parmalat Zambia Limited.
- Acting as Counsel for Government of the Republic of Zambia in an international arbitration before the Permanent Court of Arbitration.
- Acting as Counsel before the International Court of Arbitration of the International Chamber of Commerce (“ICC”) in a claim by Hotellier Limited against the Trade Development Bank.
- Lead local advisors to China Nonferrous Metal Industry’s Foreign Engineering and Construction Co., Limited (“NFC”) in relation to Zambian law aspects regarding the acquisition of controlling stake in China Nonferrous Mining Corporation Limited (“CNMCL”) from China Nonferrous Mining Development Limited (“CNMDL”). NFC is principally engaged in mining and smelting of nonferrous metal products and international projects contracting. In the 2019 interim report of NFC, the consolidated operating income, net profit attributable to the shareholders of NFC, and net cash flow from operating activities amounted to approximately RMB6.135billion, RMB81 million and RMB787 million, respectively.
- Acting as legal advisors to QG Hotel Group L.P in the acquisition of controlling shareholding in Marasa Holdings Limited, the erstwhile owner of the Hotel Intercontinental in Lusaka.
- Acting for Toyota Zambia Limited in the acquisition of Top gear Zambia Limited.
- Legal Counsel to Madison General Insurance Company in a claim for terminal benefits by Peter Kanyinji. A matter where Madison succeeded in the Supreme Court and the judgment has been selected for reporting in the Zambia Law Report.
- Legal Counsel to Zambia Telecommunications Company Limited in a claim for wrongful dismissal by Eve Banda.
- Legal Counsel to Liebherr Zambia in a claim for wrongful redundancy by Cleopatra Mandani.
- Legal Counsel to Real Meat Company Limited in claim for unfair dismissal by Van De Merve.
- Legal Advisors to Lactalis Zambia (formerly Parmalat) in relation to the effect of name change and change of shareholding on the existing contracts of employment.
- Legal Counsel to Stanbic Bank Zambia Limited in a claim for wrongful and unfair dismissal by Jeffrey Tembo.
- Legal Advisors to Yes Cash Zambia in relation to redundancy process with respect to its employees.
- Legal Counsel to Mabiza Resources Limited T/a Munali Nickel Mines in relation to dealing with disciplinary proceedings against several employees and defending the client in various matters in court.
- Legal Counsel to Zambia Telecommunications Company Limited in a claim by Irene Simatee and Others regarding the definition of salary when calculating terminal benefits.
- Legal Counsel to The Bank of Zambia in a claim by Madam Justice Prisca Nyambe in relation to inter alia a claim for wrongful termination.
- Legal Counsel to Zambia Telecommunications Company Limited in a claim by Violet Kasengele and Others regarding terminal benefits and how they are calculated.
- Legal Counsel to Madison General Insurance Company in a claim for terminal benefits by Peter Kanyinji. A matter where Madison succeed in the Supreme Court and the judgment has been selected for reporting in the Zambia Law Report.
- Legal Counsel to Zambia Telecommunications Company Limited in a claim for wrongful dismissal by Eve Banda.
- Legal Counsel to Liebherr Zambia in a claim for wrongful redundancy by Cleopatra Mandani.
- Legal Counsel to Real Meat Company Limited in claim for unfair dismissal by Van De Merve.
- Legal Advisors to Lactalis Zambia (formerly Parmalat) in relation to the effect of name change and change of shareholding on the existing contracts of employment.
- Legal Counsel to Stanbic Bank Zambia Limited in a claim for wrongful and unfair dismissal by Jeffrey Tembo.
- Legal Advisors to Yes Cash Zambia in relation to redundancy process with respect to its employees.
- Legal Counsel to Mabiza Resources Limited T/a Munali Nickel Mines in relation to dealing with disciplinary proceedings against several employees and defending the client in various matters in court.
- Legal Counsel to Luyando Halwampa in a claim against wrongful termination following completion of probation against Zambia Industrial Commercial Bank.
- Legal Counsel to Zambia Telecommunications Company Limited in a claim by Irene Simatee and Others regarding the definition of salary when calculating terminal benefits.
- Legal Counsel to The Bank of Zambia in a claim by Madam Justice Prisca Nyambe in relation to inter alia a claim for wrongful termination.
- Legal Counsel to Zambia Telecommunications Company Limited in a claim by Violet Kasengele and Others regarding terminal benefits and how they are calculated.
- We have assisted International companies in setting up their Zambian entities and obtaining documents such as Investor, employment and resident permits. These companies include but are not limited to; Liebherr Zambia Limited, China National Building Material Investment Zambia Limited, Deloitte and Touché (South Africa), FMC Finance and MTN ZAMBIA.
- Acting as Counsel for Government of the Republic of Zambia in an international arbitration before the Permanent Court of Arbitration.
- Acting as Counsel before the International Court of Arbitration of the International Chamber of Commerce (“ICC”) in a claim by Hotellier Limited against the Trade Development Bank.
Non-Contentious Matters
Non-Contentious Matters
- Advisors to China Import and Export Bank (“CEXIM”) in the provision of the US$114,000,000.00 term loan facility availed to ZESCO limited, to be utilised for the engineering, design, supply, installation, construction, testing and commissioning of the payment obligations under the engineering, procurement and construction (“EPC”) Contract with China Jiangxi Corporation for International Economic and Technical Cooperation, in relation to a 330 KV power transmission and transformation project of the ZESCO.
- Advisors to the Industrial and Commercial Bank of China(“ICBC”) with respect to the US$36,840,000.00 term loan facility and US$35,250,000.00 term loan facility availed to ZESCO Limited to be utilised for the engineering, design, supply, installation, construction, testing and commissioning of the Chipata-Lundazi-Chama 132KV transmission project LOT 1; 85KM of Chipata West- Mwasemphangwe 132KV line, 90 KM of Mwasemphangwe- Lundazi 132KV Line, 40 KM of Lundazi- Engichikeni 132 KV line and 90 KM of Egichikeni—Chama 132KV; and to be utilised for the rehabilitation and uprating on EPC basis, the ten (10) megawatt Musonda Falls Small Hydro Power Station.
- Acted as security agents for a syndicate of lenders comprising among others, the African Development Bank, Development Bank of Southern Africa and Proparco on the financing of the construction, operation and maintenance of a 120 MW Independent Power Plant Project in ltezhi-Tehzi Zambia, by the Itezhi-Tezhi Power Company Limited.
- Advisors to Enel Green Power in connection with the due diligence that was conducted on Ngonye Power Company Limited, which is a Special Purpose Vehicle (“SPV”) that was established as a solar photovoltaic electric power generation plant in Lusaka to design, construct, finance, operate and maintain the solar photovoltaic electrical generation plant, that will involve various development activities with an approximate expenditure of US$43,400,000.00, for a 34MW/52Ha Solar Plant.
- Advisors to China Import and Export Bank (“CEXIM”) in the provision of the US$79,982,494.00 term loan facility that was availed to the Ministry of Water Development Sanitation and Environmental Protection, to undertake the construction of power substations to the new facilities at the Kafue Bulk Water Supply Project in the implementing of water supply improvement initiatives to construct to power substations and other additional works.
- Lead local advisors to China Nonferrous Metal Industry’s Foreign Engineering and Construction Co., Limited (“NFC”) in relation to Zambian law aspects regarding the acquisition of controlling stake in China Nonferrous Mining Corporation Limited (“CNMCL”) from China Nonferrous Mining Development Limited (“CNMDL”). NFC is principally engaged in mining and smelting of nonferrous metal products and international projects contracting. In the 2019 interim report of NFC, the consolidated operating income, net profit attributable to the shareholders of NFC, and net cash flow from operating activities amounted to approximately RMB6.135billion, RMB81 million and RMB787 million, respectively.
- Acting as legal advisors to QG Hotel Group L.P in the acquisition of controlling shareholding in Marasa Holdings Limited, the erstwhile owner of the Hotel Intercontinental in Lusaka.
- Acting for Toyota Zambia Limited in the acquisition of Top gear Zambia Limited.
- Lead local advisors to China Nonferrous Metal Industry’s Foreign Engineering and Construction Co., Limited (“NFC”) in relation to Zambian law aspects regarding the acquisition of controlling stake in China Nonferrous Mining Corporation Limited (“CNMCL”) from China Nonferrous Mining Development Limited (“CNMDL”). NFC is principally engaged in mining and smelting of nonferrous metal products and international projects contracting. In the 2019 interim report of NFC, the consolidated operating income, net profit attributable to the shareholders of NFC, and net cash flow from operating activities amounted to approximately RMB6.135billion, RMB81 million and RMB787 million, respectively.
- Acting as legal advisors to QG Hotel Group L.P in the acquisition of controlling shareholding in Marasa Holdings Limited, the erstwhile owner of the Hotel Intercontinental in Lusaka.
- Acting for Toyota Zambia Limited in the acquisition of Top gear Zambia Limited.
- Advisors to Colgate-Palmolive East West Africa Region (Pty) Limited in relation to a high-level legal opinion on whether Colgate Zambia can undertake basic tests on any person who enters its premises (including its employees) amidst the Corona Virus pandemic (“Covid 19”), without offending a law or regulations from a Zambian law perspective.
- Advisors to Benedict Mackenzie, a UK based Business Rescue and Insolvency firm, in relation to business rescue proceedings and schemes of arrangement as per provisions of the Corporate Insolvency Act, No. 9 of 2017.
- Advisors to the CFAO Group in Zambia which comprises of Toyota Zambia Limited, Vehicle Centre Limited, Top gear Limited and Mission pharma on various aspects of corporate law.
- Advisors to Colgate-Palmolive East West Africa Region (Pty) Limited in relation to a high-level legal opinion on whether Colgate Zambia can undertake basic tests on any person who enters its premises (including its employees) amidst the Corona Virus pandemic (“Covid 19”), without offending a law or regulations from a Zambian law perspective.
- Part of a team of legal advisors to analyse, review and harmonise financial sector laws for the Government of the Republic of Zambia through the Central Bank of Zambia relating to Companies Legislation, Insurance Legislation, Banking and Financial Sector Legislation, Pension Scheme Authority Legislation, Insolvency legislation and the 9 Securities (Amendment) Legislation, the Building Societies Act, the Bills of Exchange Bills, the National Payments Systems Bills.
- Lead local advisors to China Nonferrous Metal Industry’s Foreign Engineering and Construction Co., Limited (“NFC”) in relation to Zambian law aspects regarding the acquisition of controlling stake in China Nonferrous Mining Corporation Limited (“CNMCL”) from China Nonferrous Mining Development Limited (“CNMDL”). NFC is principally engaged in mining and smelting of nonferrous metal products and international projects contracting. In the 2019 interim report of NFC, the consolidated operating income, net profit attributable to the shareholders of NFC, and net cash flow from operating activities amounted to approximately RMB6.135billion, RMB81 million and RMB787 million, respectively.
- Acting as legal advisors to QG Hotel Group L.P in the acquisition of controlling shareholding in Marasa Holdings Limited, the erstwhile owner of the Hotel Intercontinental in Lusaka.
- Acting as local counsel to Reunert Limited in its US$9million acquisition of a majority stake in Metal Fabricators of Zambia PLC (ZAMEFA), a company listed on the Lusaka Stock Exchange, from General Cable Corporation and advising on the mandatory offer process triggered as a result of the acquisition.
- Acting for Toyota Zambia Limited in the acquisition of Top gear Zambia Limited.
- Lead local Counsel to the Government of the Republic of Zambia in the issuance of Zambia’s inaugural US$750,000,000.00 (Seven Hundred and Fifty Million Dollars) Eurobond to International Investors.
- Acted as legal counsel for Alliance One Zambia Limited in providing legal advice and structuring of the transaction for Alliance One Zambia Limited in the provision of US$40,000,000.00 loan facility by the TBA Bank to Alliance One Zambia Limited.
- Lead local Counsel to the International Finance Corporation relating to the ZMW200, 000,000.00 Medium Term Note issued by a leading Zambian micro financing institution, onto the Zambian stock market through the Lusaka Stock Exchange.
- Represented Barclays Capital and European Investment Bank in a USD 60,000,000.00 to Albidon Limited lending transaction for the Munali Nickel Project.
- Lead local advisors to China Nonferrous Metal Industry’s Foreign Engineering and Construction Co., Limited (“NFC”) in relation to Zambian law aspects regarding the acquisition of controlling stake in China Nonferrous Mining Corporation Limited (“CNMCL”) from China Nonferrous Mining Development Limited (“CNMDL”). NFC is principally engaged in mining and smelting of nonferrous metal products and international projects contracting. In the 2019 interim report of NFC, the consolidated operating income, net profit attributable to the shareholders of NFC, and net cash flow from operating activities amounted to approximately RMB6.135billion, RMB81 million and RMB787 million, respectively.
- Liebherr Zambia Limited – Assisting in setting up the Zambian entity as well as obtaining Investors permits, employment and resident permits.
- China National Building Material Investment Zambia Limited – Assisting in setting up the Zambian entity as well obtaining employment permits;
- Deloitte and Touche (South Africa) – Assisting in obtaining employment permits.
- FMC Finance – Setting up the Zambian entity and assisting with obtaining investors and employment permits;
- MTN Zambia – Assisting in obtaining employment permits