PERSONAL DETAILS:

Name: David Moses Chakoleka

Designation: Partner – Dispute Resolution

Professional Qualifications: Post Graduate diploma in legislative Drafting, Zambia Institute of Advanced Legal Education; Post Graduate LPQE Certificate, Zambia Institute of Advanced Legal Education; and LLB University of Zambia.

Email Address: dchakoleka@mmlp.co.zm

Tel: +260 211254248/50

PRACTICE AREAS:

Litigation, Arbitration, Mediation, Industrial and Labour Relations Dispute, Tax Disputes, Competition Disputes, Mining Dispute, Capital Markets Disputes, Employment, Pensions, and Debt Recovery.

OVERVIEW:

David leads the Dispute Resolution Department of the Firm, specializing in commercial litigationand alternative dispute resolution. He has a proven track record of handling some of the most complex and high-profile cases, both locally and internationally. His expertise spans various commercial claims, including competition, tax disputes, labour law class-action cases, and corporate disputes. David excels in managing all aspects of litigation, from pre-trial discovery to trial work and negotiations, consistently delivering effective outcomes for his clients.

In addition to his litigation prowess, David is highly experienced in local and international commercial arbitration across diverse legal areas such as contract law, public procurement law, construction law, employment law, tax law, mining law, banking, and finance, and capital markets. He is a trusted advisor to clients navigating complex legal challenges across multiple sectors, including aviation, banking, energy, financial services, logistics, and mining.

Chambers and Partners has certified David as a ‘Highly Recommended’ ranked lawyer in General Business Law: Dispute Resolution in Zambia. David consistently earns praise for his outstanding client service, legal expertise, and commercial insight, further establishing his reputation as a leading figure in the field.

“David Chakoleka’s client service and general level of service is very strong. David’s level of sophistication is very strong. His commercial vision is very strong. He is very good.” – Chambers Global Guide 2024

“David Chakoleka provided strong assistance in a number of cases.” “David Chakoleka is a very committed, efficient and effective advocate with a clear vision and commercial awareness.” – Chambers Global Guide 2023

In addition to his expertise in dispute resolution, David is a certified expert in Public Private Partnerships and Infrastructure Financing, as well as a certified legislative drafter. Demonstrating his commitment to social responsibility, David also takes on pro bono criminal cases. Moreover, beyond his legal practice, David is engaged in professional development activities. He is a Member of the Chartered Institute of Arbitrators – Zambia Branch, holds accreditation as an Insolvency Practitioner, and is a member of the Law Association of Zambia.

PROFESSIONAL EXPERIENCE:

David has undertaken the following notable matters:

• Acted for Vedanta Resources Holdings Limited in the case of Vedanta Resources Holdings Limited v ZCCM Investments Holdings Plc and Konkola Copper Mines Plc Appeal No. 181/2019) [2020] ZMCA 104, a landmark decision by the Court of Appeal regarding the interplay between winding up proceedings and arbitration. The court ruled to stay the winding-up proceedings in favour of arbitration. Vedanta, as the majority shareholder in Zambia’s largest copper mining company, Konkola Copper Mines Plc, sought to prevent the winding-up of KCM, given its substantial investment estimated at over US$3 billion at the time of the dispute. The Court of Appeal stay was subsequently upheld by the Supreme Court in ZCCM Investments Holdings Plc v Vedanta Resources Holdings Limited and Konkola Copper Mines Plc SCZ/08.
• Acted for the Local Authorities Superannuation Fund in the landmark case of Hastings Mwila v Local Authorities Superannuation Fund (2023/CCZ/0013) [2024] ZMCC 3. The case addressed the interpretation and application of Article 189(1) and (2) of the Zambian Constitution in relation to pension benefits and the Local Authorities Superannuation Fund (LASF) Act. The Constitutional Court’s judgment clarified the relationship between these constitutional provisions and the relevant pension legislation, providing crucial guidance for future cases involving pension benefits in Zambia. The decision is expected to have significant implications for the administration and management of pension funds in the country.
• Acted for major telecommunications companies, MTN Zambia Limited and Airtel Networks Zambia PLC in the landmark case of MTN Zambia Limited and Airtel Networks Zambia PLC v The Zambia Information & Technology Authority 2014/HP/1905 and 1918. This high-stakes matter involved challenging the decision-making process of a statutory authority. The High Court ruled in favour of our clients, upholding the critical supervisory jurisdiction of the High Court over statutory bodies, and affirming the right to challenge flawed administrative decisions through judicial review. The judgment set an important precedent for holding regulatory authorities accountable and ensuring fair decision-making processes.
• Acted for Finsbury Investments Limited in the Supreme Court case of Woodgate Motors Zambia Limited v Finsbury Investments Limited Appeal No. 218/2016. This case involved a dispute over a US$350,000.00 payment made by our client Finsbury to a third party pursuant to a contract of sale. The Supreme Court upheld the High Court’s decision in favor of Finsbury, finding that Woodgate had either instructed or acquiesced to the payment through its conduct, despite later claiming otherwise. The Court dismissed Woodgate’s appeal in its entirety. This outcome successfully defended the client’s interests and affirmed the binding nature of the parties’ contractual obligations and the implications of a party’s conduct in the face of a disputed payment.
• Represented a client in an international arbitration proceeding administered by the International Court of Arbitration of the international Chamber of Commerce (ICC), with the seat of arbitration in London. The arbitration was conducted in accordance with the ICC Rules of Arbitration.
• Represented First National Bank Zambia in Yokonia Ngoma v First National Bank Zambia COMP IRC/LK/215/2020. Successfully defended the Bank against claims for wrongful and unfair dismissal by a former senior employee who sought reinstatement of shares worth ZAR2,000,000.00. The Court upheld our client’s decision to dismiss the employee for misconduct related to non-disclosure of personal business interests, protecting the Bank’s right to enforce key policies and safeguard trust in its workforce.
• Acted for Stanbic Bank Zambia Limited in the landmark Supreme Court case of Zlatan Zlatko Arnautovic v Stanbic Bank Zambia Limited Appeal No. 5 of 2021. The Court upheld the arguments that a bank can properly raise a counterclaim for debt recovery in a borrower’s action and is not restricted to commencing a fresh action by originating summons as a mortgage action. This precedent-setting decision promotes procedural efficiency by allowing banks to counterclaim in defense to borrowers’ suits, avoiding multiplicity of actions.
• Acted for Inchcape Kenya Limited in the case of Inchcape Kenya Limited v Sarago General Dealers Limited and Discover Insurance Limited 2024/HPC/0127 in a dispute involving the sum of over €440,000.00 which was ruled in favour of our client.