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.

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.

Aubin N. Mabanza, LLM

Aubin is our managing partner. He studied law and political science at Cardiff Law School and at Paris-X Nanterre University.

Aubin’s work is mainly focused on corporate law. He especially advises in relation to most areas of corporate, IP law and commercial law. Over the years, Aubin he gained a considerable knowledge and skill base from years he spent with companies and with Law firms in West Africa, Paris and in London, he now leads a team in Kinshasa specialized in aviation law, investments in Democratic Republic of Congo, including corporate matters, contracts law, mergers and acquisitions, industrial property. In Aubin’s spare time he enjoys travelling, reading and studying, and spending time with his family.

Perfectly bilingual in French and English, Aubin is able to draft and negotiate legal documents in either language.

Education:

° LLM in commercial law (Cardiff Law School)
° MA in intellectual property law (Wipo Academy/UY II)
° LLB/Maîtrise de droit des affaires (University of Paris X-Nanterre)
° BA/Maîtrise science politique (University of Paris X-Nanterre)

Miscellaneous:

° Industrial property Attorney
° Senior Lecturer in law at William Booth University, Kinshasa

Publications:

° Droit Congolais, Africain et International du Travail, 241 pages, septembre 2009
° ISBN:978-2-296-09197-9, L ‘Harmattan Paris.
° Droit de la Propriété Industrielle. Les marques francophones. Approche comparative et critique de la protection à l’OAPI et en RDC (à apparaître)

Memberships:

° IBA (International Bar Association)
° AIPPI (International Association for the Protection of Intellectual Property)
° ITMA (Institute of Trade Mark Attorneys)
° ELA (Employment Lawyers Association)
° Alumini Cardiff Law School
° Alumini WIPO Academy/OAPI/CFDE

Languages:

French, English, Kikongo, Lingala

Our History:

The law firm Klam & Partners Avocats `KPA` was established as a full service law firm with a particular expertise in commercial law (OHADA laws) and industrial property. KPA philosophy is constantly to develop long lasting respectful and constructive business partnerships with independents law firms interested to work in Democratic Republic of Congo (DRC) and within the African continent. KPA is a member of Prae Legal a Global legal network of more than 150 independant law firms. KPA also represents individual clients, families, and families businesses including small businesses, and foreign citizens throughout the DRC, the OHADA’s space and the EU and the UK.

Emery Mukendi Wafwana

Admitted to the Bar of Kinshasa/ Gombe (1995) and Lubumbashi (2011), Certified mining and quarries agent (2003), Certified intellectual property agent (2011) and Legal consultant in New York (2010).Mr. Emery Mukendi Wafwana is the founding partner of the law firm Emery Mukendi Wafwana & Associés created in 1995. His areas of practice include mining and hydrocarbon law, electrical power law, energy law, investment law, corporate law, aviation law, OHADA law, intellectual property law, legal evaluation of projects and litigation. Mr. Emery Mukendi Wafwana was awarded by the International “WHO’SWHOLEGAL OF MINING LAWYERS 2012” as a legal expert in mining law. He is also founder and Chief Editor of Juricongo, legal website and portal of Congolese Law (www.juricongo.com). Mr. Emery Mukendi Wafwana holds his law degree in economic and social law from the University of Kinshasa since 1993. He speaks French, English, Lingala and Tshiluba.

Law Firm:

At the end of 1995, at the initiative of Mr. Emery MUKENDI WAWFANA, a lawyer at the Kinshasa/Gombe Bar, the Emery Mukendi Wafwana & Associés law firm was established in Kinshasa, DRC. A general law practice at first, it later developed a focus on air transport law.

Over time, the firm put together a team of researchers under the name of JURICONGO. The team was tasked with the mission of doing and publishing research on business law in the DRC. As a result, the firm became specialized in business law and was able to better serve its clients in the main areas of business law in the DRC, including general commercial law, securities law, mining law, hydrocarbons law, fiscal law, intellectual property law, and litigation.

In 2000, in response to a joint World Bank-DRC Government call for proposals, Emery Mukendi Wafwana & Associés was selected as the National Consultancy firm tasked with working with the international law firms hired by the World Bank to advise and assist the DRC government in reforming the legal, fiscal, customs, and change frameworks of the country’s mining sector. This culminated in the promulgation of various regulatory documents such as the Mining Code (2002), the Mining Regulations (2003), as well as other legal instruments organizing the country’s public services in the mining sector, such as the Mining Registry (CAMI) and the Mining and Quarries Regulatory Commission.

In order to better serve its mining sector clients in the copper and cobalt-rich region of Katanga, the firm opened its first branch office in Lubumbashi at the end of 2006. In keeping with the same strategy, Emery Mukendi Wafwana & Associés opened a second branch office in Matadi in 2009 with a view to serving its clients in the port province.