Didier Kabwela

Leaders in Law endorses Didier Kabwela as our exclusively recommended Accounting Services expert in Democratic Republic of the Congo. If you wish to get in touch with Didier, please use the contact information provided above.

Education

  • PhD student at the University of Mauritius, Cohort PHD. Thesis already submitted for correction
  • Master’s Degree in Management and Business Law (ISC/ UNIVERSITE DE LIEGE)
  • A Degree in Commercial Sciences, Major : Accounting (ISC / GOMBE)
  • Undergraduate diploma in Data Processing (ISIPA)

2019 : Visitor at the University Notre Dame du Kasai (UKA) in charge of the courses: Management Control, Budgetary Management and Financial Evaluation.

2016: Chartered Accountant approved by ONEC (Ordre National des Experts Comptables du Congo) : ONEC/EC/000270/16

2013 to present: Visitor at the Higher Institute of Commerce in charge of the courses: audit and accounting of microfinance institutions, financial analysis of microfinance institutions, audit practice, management control and long-term financial management

2007 : Liquidator of the company Inter Connect sprl (Internet Service Provider)

2008: Director of Flemingo International (Dubai – Jabel Ali Free zone)

2009: Liquidator of the GTV Company (a company specialising in cable television)

2009 -2012 : Director at FIBANK DRC SARL, and Vice -Chairman of the Board of Directors

2014 to present: Director of PHAKWE TELECOMMUNICATIONS LTD (SOUTH AFRICA)

Publications

  • Evaluation and implementation of the digital ecosystem in the democratic republic of the congo ( st paul édition, legal deposit NV3.01811-57-425)
  • FDI as a tool for modernizing taxation in africa, 26 october 2018, conference beyond tax policy, royal tropical institute amsterdam, the Netherlands
  • Tax structure in the mining industry of the democratic republic of congo, conference CPA-EMEA, 16-17 May 2019, LISBON-Portugal

Firm Description

Proximity, independence, honesty, efficacy and the observance of professional code of ethics, basic principles of our approach, guide the trust worthy relationships that we establish with our customers as part of our intervention.
We go along with them to see these principles be strictly applied and we help them better anticipate and control risks.

Thanks to their respective experience, the associates of the cabinet have a real aptitude to apprehend each customer with his particularity and the adaptability in his environment to seek for appropriate solutions with a view to meeting his needs.
Each customer being unique with each of his specific requests, the intervention teams are made up in order to combine at best different skills and experience.

A training policy goes on so as to settle firmly the permanent development of skills and experience.

 

Harlene Ngalula

Leaders in Law endorses Harlene NGALULA as our exclusively recommended Corporate Law expert in the Congo. If you wish to get in touch with Harlene, please use the contact information provided above.

Harlene NGALULA holds a Bachelor’s degree in International Law from the Protestant University in Congo. She joined KALAMBA & ASSOCIES since 2014 where she serves as coordinator. She is a lawyer registered at the Kinshasa / Matete Bar. She has proven experience in business law.
Her areas of expertise include:

– Negotiation of loan agreements;
– Preparation and presentation of pleadings before the Courts and Tribunals;
– Preparation of general meetings of companies and drafting of minutes;
– Representation, assistance and legal advice;
– verification of statutory standards and drafting of companies Articles of Association;
– Negotiation and settlement of contentious cases;
– Realization of mortgages in favor of the customers;
– Participate in the drafting and revision of various social acts;
– Obtaining for foreign employees establishment and work visas;
– Recovery of debts according to OHADA law procedures;
– Manage upstream and downstream labor litigations;
– Management of judicial cases in different jurisdictions;
– Transcription and modification of legal documents;
– Investigate for the search of untraceable debtors;
– Thorough knowledge of Labor Law;
– In-depth knowledge of civil law;

She is also very active in non-governmental organizations working for the promotion and development of women such as:

CETRAC GHK and WOMEN OF GOOD HEART

Firm Description

KALAMBA & ASSOCIES expertise is mainly recognized as a general business law firm, with special focus in the mining sector. We also have an extensive experience on projects financing, we provide services on permanent basis to the World Bank, through its affiliate the IFC.

It is important to note that KALAMBA & ASSOCIES has been classified in Band 1, in the Democratic Republic of Congo on General Business category, by the Chambers & Partners magazine for 2012, 2013, 2014 and 2015, and as the best law firm in the mining sector by Who’s Who Legal.

KALAMBA & ASSOCIES is considered as one of the leading business law firm in DRC. Indeed we are working as local counsel to firms such as SIMMONS & SIMMONS, CLIFFORD CHANCE (Paris, London, Washington), NORTON ROSE, LINKLATERS, WERKSMANS, WHITE & CASE, STIKEMAN LLP, EDWARD NATHAN, ALLEN & OVERY (Beijin), ENS AFRICA, FASKEN MARTINEAU, McDermott Will & Emery.

The firm has accumulated thirty years’ experience on international business law. We provide clients with recognized expertise in both common law and civil law (the Congolese system), and in both English and French. Our clients include Congolese and foreign corporations, governments and private individuals.

  • The Firm has a commanding experience in telecommunication.

We have assisted the following companies:

  • TELECEL CONGO SPRL, which was the first cellular company in the Democratic Republic of Congo (DRC);
  • VODACOM SOUTH AFRICA, during their establishment phase in DRC;
  • MTN, in its attempt to buy CCT SARL, a local cellular company controlled by Chinese;
  • FRANCE TELECOM, in its attempt to buy ZAIN SPRL (currently AIRTEL);
  • THE INTERNATIONAL FINANCE CORPORATION, for 150 million US Dollars loan to OASIS SPRL (MILLICOM’s subsidiary);
  • HELIOS TOWERS, which has launched a subsidiary and which will manage the telecommunication towers, for the telecommunication companies;
  • Google Inc, in the creation of its local entity.
  • The firm is fully experience in inbound investment:

We provide a comprehensive discussion of the laws generally affecting business operations in the Democratic Republic of Congo, including D.R. Congo’s foreign investment laws. We are fully experienced in assisting foreign invested enterprises in D.R. Congo, co-operative joint ventures as well as wholly foreign owned enterprise. Our experience and capabilities include:

  • Participating foreign investment projects overall structure design, advising on various issues such as investment form, contribution methods, land use right, technology licensing, custom procedure, employment contract, government approval, environment and tax preferential treatment, etc.;
  • Assisting clients on whole process of establishing a representative office in D.R. Congo, including MOU negotiation, due diligence, legal documentation, contract negotiation, government approval as well as business registration;
  • Assisting on tax planning for foreign investments and residences in D.R. Congo and applying tax preferential treatment when applicable;
  • Acting as external legal advisor after foreign investment enterprise’s establishment in D.R. Congo, advising on daily operational related legal issues, such as taxes, imports, labour management, etc.;
  • Providing high quality legal document translation and other value-added services as required.
  • KALAMBA & ASSOCIES has leading experience in natural resources:

We regularly advise on all matters relating to mining assets and the conversion, acquisition and disposal of mining rights and titles. Typical transactions in which KALAMBA & ASSOCIES members would be involved include due diligence on local mining companies or titles, joint ventures and shareholder agreements, acquisitions and dispositions, royalties and mine construction and mine operating agreements.

We have provided legal services to ANGLO AMERICAN, MMGI MINERALS, MWANA AFRICA PLC, ADASTRA, LAZARE KAPLAN INC, FIRST QUANTUM Ltd, TULLOW OIL PLC, KATANGA MINING, VALE, WANBAO, JINCHUAN, RIO TINTO, MMG LIMITED, etc.

  • Our firm provides services on international financing matters:

International mining projects demand our skills in such complex areas as structuring transactions to promote tax efficiencies, reduce exposure to political and regulatory risk and facilitate financing.

Mining finance is an important dimension of our firm and includes private placements, assistance in public offerings, project debt financing, forward sales and other hedging transactions.

The firm represents CITIGROUP, INTERNATIONAL FINANCE CORPORATION (IFC) and INDUSTRIAL DEVELOPMENT CORPORATION OF SOUTH AFRICA (IDC), on permanent basis. We have provided services to a bank’s syndicate for the financing structure and package for KMT (Adastra Project in Kolwezi) which involved an investment of350 millions USD and to RAND MERCHANT BANK INTERNATIONAL for loans of $10 million to ANVILL MINING, and to FORTIS S.A. for $30 million to ANVILL MINING, to a consortium of Banks led by OPIC for 650 Million to TENKE FUNGURUME, to STANDARD BANK OF SOUTH AFRICA for 160 million, to RUASHI MINING SPRL, to GMP Securities LP for 150 million facility agreement to BANRO

KALAMBA & ASSOCIES was also recently retained by the World Bank, with an American financial institution STERLING MERCHANT BANK, to provide legal services to the DRC Government regarding the negotiation of its internal debt.

 

Liliane Mubanga

Liliane Mubanga has a Degree in Law, with a specialisation in Private and Judicial Law from the University of Lubumbashi.

Career History:

  • Senior Executive of Thambwe-Mwamba & Associés.
  • Member of the International Criminal Bar.
  • Member of the Bar Council of Kinshasa/Gombe from 2011 to 2015.
  • Lawyer at the Bar of Kinshasa/Gombe (1998 to Present).

Has had training in: OHADA; Hydrocarbons; Public Procurement; and Insurance, among others.

Commercial Law Practice:

Commercial law disputes deal primarily with contract and/or tort laws. It involves issues that arise in the course of running a business at any stage of the commercial cycle.

Such disputes are brought before courts for legal restitution when other methods of resolution, such as arbitration or mediation, have failed to provide a solution acceptable to all interested parties.

Why is commercial law important?

Commerce is at the core of a democratic society and, in order to be strong economically, it must be attractive to businesses.

One way of doing this is to have a strong set of laws and regulations protecting businesses that enter into agreements with others and providing resolutions when things don’t go to plan. Commercial law provides that platform.

Most commercial disputes are heard in Commercial Court or in county business courts when the dispute relates to that particular jurisdiction.

They can also be brought before the Queen’s Bench or Chancery divisions of the High Court, or the Technology & Construction Court (TCC).

Break it down for me a little bit!

A commercial lawyer’s work begins with obtaining necessary instructions and supporting information and documents from the clients. The case is reviewed thoroughly and the important facts and data are picked out.

Lawyers then research case law and former precedents, prepare pleadings and arguments, and attend regular briefing sessions with clients.

They will arrange for settlement where viable, and present motions and arguments before courts if the case proceeds into litigation.

Understanding a client’s needs is an important quality for those involved in commercial law. Other skills and talents required are: negotiation, commercial awareness and time and people management.

Commercial lawyers need to keep up to speed with the current business and commercial climate, changes and amendments in legislation, and regulations in all jurisdictions that are involved.

Commercial lawyers are normally required to have: a top-class degree, experience of participation in extra-curricular activities whilst at school or university, experience in debating, public speaking and moot court trials.

Work experience in a non-legal commercial sector will be an added advantage.