PERSONAL DETAILS:

Name: Chimwemwe Mulenga Bwalya

Designation: Associate

Professional Qualifications: Postgraduate – LPQE Certificate, ZIALE, LLM – Tax Law, University of Cape Town, LLM Cand. – Extractive Industries Law in Africa, University of Pretoria, LLB, Nelson Mandela University

Email Address: cmbwalya@mmlp.co.zm

Tel: +260 211 254248/50

PRACTICE AREAS:

Tax Law, Commercial Law, Corporate Law, Insurance Law, Competition Law, Mining Law, Banking and Financial Law and Data Protection Law

OVERVIEW:

Chimwemwe is an Associate of the Firm and part of our Tax and Regulatory compliance department where she concentrates in her practice on Tax Law, Mining Law, Corporate law and Commercial Law.

Over the years, she has gained considerable experience in assisting our clients with numerous complex legal aspects of the law including Data Protection Law, Corporate

Advisory and Tax law, on issues such as Tax Compliance, Tax Advisory and Tax Litigation, Income Tax, VAT and Customs and Excise Tax.

Previously, Chimwemwe has worked at Bembridge Minnaar Attorneys a law firm situate in Sandton, Johannesburg, South Africa; Nchito & Nchito Advocates, a law firm based in Lusaka, Zambia; and Kabesha and Co, a law firm based in Kabwe, Zambia.

She is a Member of the Law Association of Zambia.

PROFESSIONAL EXPERIENCE:

• Liebherr Zambia Limited, a subsidiary of Liebherr Limited, in relation to a transfer pricing audit assessment by the Zambia Revenue Authority.
• Yescash Zambia Limited T/A Express Credit, (a subsidiary of EC Finance Group), in relation to advising on various aspects of Tax law including the transfer pricing audit assessment by the Zambia Revenue Authority.
• Vedanta Holdings Resources Limited in relation to providing research to the dispute with ZCCM Investment Holdings Plc over the possible liquidation of Konkola Copper Mines Plc.
• Emerald Bay Limited and Betbio Zambia Limited in relation to lobbying for the provisions on presumptive tax and withholding tax on winnings in Income Tax Act to be clarified, in so far as they relate to online casinos, so as to ensure the maximum compliance with the law.
• The Gaming Association of Zambia in relation to lobbying that the ambiguous provisions of the Income Tax Act that affect land-based casinos be amended. Particularly with respect to the Presumptive Tax Regime and Withholding Tax regime.
• The Centre for International Private Enterprise in relation to lobbying that the provisions in the Customs and Excise (Customs Clearing Agents) (Management) Regulations 2022, comply with international standards.
• Kalumbila Minerals Limited, a subsidiary of First Quantum Minerals Limited which is 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.
• Mabiza Resources Limited in relation to assisting with the restructuring of the debt for the company with the Zambia Revenue Authority.
• Kobold Metals regarding the shareholding structure, and the shareholders agreement in connection with US$150 million investment for the development of Mingomba Mining Project to a world class mining company. A project which was announced by the President of the Republic of Zambia and reported by Reuters.
• China Nonferrous Metal Industry's Foreign Engineering and Construction Co., Limited, in connection with a potential acquisition of CNMC’s 74.52% stake in China Nonferrous Mining Corp. Limited, which has mines in Zambia and the Democratic Republic of Congo, for 7.36 billion yuan (about US$1.04 billion) via a share placement. The transaction has since been reported by Reuters.
• ALCF I Investment II Proprietary Limited, in connection with the BWP250,000,000.00 acquisition of 37.62 percent stake in FSG Limited, a transaction which has since been reported by Sunday Standard Reporter.
• First Quantum Minerals Limited in connection to the shareholding restructuring in Kansanshi Mining Plc, a transaction that has now become known as the ZCCM-IH Royalty Transaction. A transaction which was announced by ZCCM-IH on the Lusaka Stock Exchange and reported by the ZNBC.

INTERNATIONAL PUBLICATIONS OR RECOGNITIONS

Chimwemwe has also written on various aspects of Tax law. Notably, she was part of our team that authored the Zambia chapter of Chambers Global Practical Guide on Corporate Tax and Trends & Development Articles in 2020, 2021, 2022 and 2023.

She was also part of our team that authored the Zambia chapter of the Chambers Global Practical Guide on Transfer Pricing in 2023.

Chimwemwe was also part of the team that authored the Zambian Chapter of Legal 500 Banking & Finance Comparative Guide in 2023.