Serge Lukanga wa Kunabo

Serge Lukanga is our exclusively recommended Civil Law expert in the Democratic Republic of the Congo on the Advisory Excellence website. If you need assistance in this area, please contact Serge directly using the contact details listed above.

Civil law systems, also called continental or Romano-Germanic legal systems, are found on all continents and cover about 60% of the world. They are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The civil law tradition, though secularised over the centuries and placing more focus on individual freedom, promotes cooperation between human beings.

In their technical, narrow sense, the words civil law describe the law that pertains to persons, things, and relationships that develop among them, excluding not only criminal law but also commercial law, labour law, etc. Codification took place in most civil law countries, with the French Code civil and the German BGB being the most influential civil codes.

Bilis Lotengo

Bilis Lotengo is our exclusively recommended Banking & Finance expert in the Democratic Republic of the Congo on the Advisory Excellence website. If you need assistance in this area, please contact Bilis directly using the contact details listed above.

Kinshasa, the capital of the Democratic Republic of Congo and Headquarters of institutions of the country, is where Emery Mukendi Wafwana & Associates, SC-P has had its headquarters since 1995. The location of our office in Kinshasa gives our lawyers and consultants a major advantage thanks to their speedy access to the headquarters of central politico-administrative entities, Cassation Court, State Council, and courts and tribunals of Kinshasa.

The team in Kinshasa includes lawyers admitted to the bar before the Court of Cassation and State Council, practicing the « cassation » and other special procedures, as well lawyers admitted respectively to bars at the Court of Appeal of Kinshasa-Gombe, Kinshasa-Matete, Matadi, Bandundu and Kananga.

In general, the lawyers at our Kinshasa office advise and assist local and international clients from Kinshasa on legal issues on sectors including but not limited to natural resources, infrastructure, banking and insurance, investments, trade and industry as well as judicial and arbitral litigation.

Specifically, as agents in intellectual property, our lawyers in Kinshasa advise our local and international clients on issues concerning the protection of their brand and logos, represent them before the Ministry of Industry and in associated litigations.

As mine and carry agents, they assist and represent our clients in mining procedures at the Central Cadastre Minier and before the of Mining and Environment Administration.

Our office of Kinshasa also organises an online legal portal named “JuriAfrica,” led by a team of researchers in charge of collecting information and legal and jurisprudential data that is continuously being updated.

Roger Mulamba Katamba

Me Roger MULAMBA KATAMBA is our exclusively recommended Mining & Natural Resources Law expert in the Democratic Republic of the Congo on the Advisory Excellence website. If you need assistance in this area, please contact Roger directly using the contact details listed above.

Me Roger MULAMBA KATAMBA is Founder and Managing Partner of the RMK & Associés Law Firm based in Kinshasa, DRC.

He is registered as a lawyer at the Kinshasa / Matete Bar in the DRC since April 14, 2001. He is a specialist in African business law from OHADA. As such, he acts effectively as an advisor in governance and legal audit of commercial companies, in the various legal reconciliation procedures (merger-acquisition or absorption, etc.).

In the field of mining, Me Roger MULAMBA KATAMBA is involved in the study of compliance of mining rights and titles as well as the various related contracts; he advises on compliance with the legal procedures governing the granting, maintenance of validity, renewal, transformation, waiver and transfer of these rights.

Me Roger MULAMBA KATAMBA is also a practitioner of commercial arbitration; for this purpose, he is registered as Arbitrator at the Arbitration Centre of the Common Court of Justice and Arbitration of OHADA (CCJA-OHADA) in Abidjan in the Republic of Côte d’Ivoire and at the National Centre for Conciliation of Mediation and Arbitration of the Federation of Enterprises of Congo (CENACOM / RDC).

His participation in the work of the International Council for Commercial Arbitration (ICCA) proves his involvement in the field of international commercial arbitration. He is also a member of the African Association for the Promotion of Arbitration (APAA) and the International Union of Lawyers.

Firm Overview:

Lawyers specialising in the practice of business law, we form a firm established in Kinshasa, in the business centre of this City-Province of the Democratic Republic of Congo since November 02, 2009.

Our Firm brings together Lawyers and Experts with a good command of Congolese law and comparative law in several legal disciplines. They thus practice before different jurisdictions of the country and intervene effectively with the Public and Institutional Administration in order to defend the interests of clients, natural or legal persons. Our OHADA law practice allows us to effectively support companies and investors in setting up and carrying out their projects in the Democratic Republic of Congo. We provide effective advice on governance and legal auditing of commercial companies, in the various legal reconciliation procedures (merger-acquisition or absorption, etc.).

Since 2012, RMK & Associés has intensified its interventions in the key mining sector by supporting several investment projects geared towards the DRC.

We prioritise efficiency in developing creative and innovative legal solutions independently and expeditiously.

To meet the needs of our customers, our team demonstrates the ability to adapt and anticipate in the search for appropriate solutions. Service, confidentiality and competence remains our major concern.

Josue Kitenge

Josue Kitenge is our exclusively recommended Trade & Customs Law expert in the Democratic Republic of the Congo on the Advisory Excellence website. If you need assistance in this area, please contact Josue directly using the contact details listed above.

Josue joined the International American Relief Society IARS in January 2019 as Country Director for the Democratic Republic of Congo, and he is overseeing the country program.

As Attorney and Lawyer in DRC, Josue Kitenge graduated with honours from the Beulah Heights University in Atlanta, Georgia, a master’s in leadership and Good Governance. Josue has been an active community leader, serving on a few national and local organisations.

Josue is an adviser at the Constitutional Course of the Democratic Republic of Congo.

Josue Kitenge is also an adviser to the D R Congo Minister of Foreign Trade, Coordinator of the civil society lawyer KKF S.C; deputy Bishop of the Evangelical Community CREC / VIE and Board chairman of the Centre pour les enfants abandonees et orphelins CEDO -Vie Meilleure, he was school superintendent in Katanga DR Congo.

Liliane Mubanga

Liliane Mubanga is our exclusively recommended Commercial Law expert in the Democratic Republic of the Congo on the Advisory Excellence website. If you need assistance in this area, please contact Liliane directly using the contact details listed above.

Liliane’s work history is as follows:

  • 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).

Liliane Mubanga has had training in: OHADA; Hydrocarbons; Public Procurement; and Insurance, among others.

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).

Dorothée Madiya Mwamba

Lawyer at the bar of Kinshasa/Gombe, Mining Attorney ,with a Law degree , ” economic and social right ” option , University of Kinshasa ” UNIKIN ” (1994) DEES Business Law , Pantheon Assas , Paris II ( 2003-2004 ) languages: French , English ( Average ) and Lingala . Dorothée Madiya Mwamba is representative and Law Board of mines and quarries, areas in which she has a perfect mastery of the workings of the Congolese national administration. Incidental to these main areas , Dorothée Madiya MWAMBA intervenes on hydrocarbons law, electrical energy law , banking law , business law , commercial law, tax law and labor law. Founder of the firm DM in February 2007, Mr. Dorothée Madiya Mwamba is recognized for its excellent managerial capacity . Memberships • Member of the editorial board of the law journal ” Juricongo ” (1998 ) • Member of the International Union of Lawyers (since 1998); Participations and programs • Under the old law , drafting and negotiation of mining agreements for account of several mining companies. • Drafting and negotiation of preliminary agreements in respect of mining on behalf of foreign firms. • Intervention in the third day mining in the Democratic Republic of Congo ( 2008) • National Consultant to the Joint Commission (National Consultant , Expert of the Government ) on the review of draft decrees relating to the Validation Committee and mineral rights career (2002 ) • national Consultant to the reform of mining legislation in the Democratic Republic of Congo (2002 ) • Participation in the seminar on the contribution of mining to the recovery of economic activity in the Democratic Republic of Congo ( 2002) • Participation in the development and drafting of the new Mining Code and Regulations (2001 to 2002).

Hydrocarbon Law:

The Congolese hydrocarbons law is not well developed due to the absence of specific legislation. However, the firm provides legal and tax assistance to some of its mining companies in the context of granting renewal of permission to install , storage and marketing of petroleum product procedures. Our lawyers have considerable experience in matters relating to the law of electricity, after numerous construction projects hydropower. Indeed , the study has mainly worked with the Ministry of Energy for the construction of hydroelectric dams: • KIBALI JERSEY LIMITED Construction Project 3 hydro ( SESENGE , AZAMBI and AMBRAAU ) for the company KIBALI JERSEY LIMITED KIBALI the river. • KIBALI GOLDMINES PROJECT, proposed construction of hydropower plants (Nzoro, Nzoro Budana II and II) under a PPP between the Government and society MOTO GOLDMINES. For these projects, the firm has advised and assisted clients in administrative proceedings relating to the granting of authorizations for the construction and rehabilitation of power plants, business licensing electrification services, negotiation and conclusion of contracts concession, production and marketing of electric power.