John Kawana
Partner | Lusaka
Contact
T: +260 11 135 6638
Overview
Jurisdictions worked in: United Kingdom, South Africa, Zambia
Languages fluent in: English
John specialises in commercial dispute resolution and has acted on some of the country’s most intricate and prominent matters, from arbitrations and tax disputes to class-action cases involving unlawful discharge and pension benefits. His approach is results focused and practical. He leverages available resources, human and non-human, to devise practical solutions to clients’ disputes. All the while, John ensures full client involvement as well as the full participation of the team around him in the dispute resolution process.
His approach is to ensure that the solution put forward during the dispute resolution process reflects the consensus between the client and legal team on the best end to the client’s dispute as well as the best means to arrive at that end.
John also has a solid practice of employment law. His passion for the employment space has earned him a seat on panels of employment law experts in Zambia and beyond. He has facilitated corporate training on employment in Zambia. He is a reliable source of employment advice to clients as well as colleagues within the legal profession in Zambia.
Fumanikile Lungani, Legal Counsel at Absa Bank Zambia Plc says, ‘John is an astute and agile lawyer who gives you the confidence that he will work towards getting you the best outcome for your matter.’
Alick Gondwe, Company Secretary and Head of Legal at Mopani Copper Mine Plc says the following, ‘John is a highly effective and dedicated lawyer. He always puts our interests first. I am particularly impressed that he works beyond his ordinary call of duty to deliver satisfactory results without compromising his legal ethics and professionalism.’
While John has helped me in many ways than one, what stands out is when he helped me resolve two high-value and complex international arbitration matters before tribunals appointed by the International Chamber of Commerce International Court of Arbitration. John demonstrated great skill, knowledge and insight, which were critical to the satisfactory resolution of the disputes. For complex legal matters requiring skill and full dedication, John is my go-to lawyer!’
Kate Musana, Legal Superintendent at First Quantum Mining and Operations Limited, says this about working with John: ‘He is reliable and devoted to our matters. He always gives me the comfort that we are in safe hands and a great deal of optimism about the best outcome we can get in the disputes he has conduct.’ She adds that ‘he also has an unmatched knowledge base in employment and helps me tremendously with risk aversion.’
Experience
- Represented the National Pension Scheme Authority (NAPSA) in an arbitration seated in Lusaka and conducted in accordance with the UNCITRAL Arbitration Rules, where Stalwart Investments Limited is claiming over ZMW 46 million in damages for breach of contract.
- Represented Mopani Copper Mines PLC, a subsidiary of ZCCM Investment Holdings PLC, in two arbitrations seated in London under the auspices of the International Chamber of Commerce, with a combined exposure of about USD 20 million. The client’s experience is shown in the testimonial of Alick Gondwe above.
- Represented Supaswift (Pty) Limited (Supaswift) in an arbitration relating to a shareholder dispute that arose following the sale of the Zambian business to FedEx Limited. The Zambian shareholders commenced arbitration proceedings against Supaswift, alleging breach of the Discharge Agreement between the parties. This was a domestic arbitration seated in Lusaka.
- Represented First Quantum Minerals Limited against Zesco Limited in an arbitration seated in London under the auspices of the London Court of Arbitration, where Zesco Limited was claiming over USD 50 million for breach of a power supply agreement.
- Represented Ameropa Commodities Proprietary Limited in respect of debt recovery arbitration from Zdenakie Commodities Limited and its directors for the sum of over USD 2.2 million arising from breach of a supply agreement. This arbitration was seated in Lusaka and conducted under the UNCITRAL Arbitration Rules.
- Acted for Absa Bank Zambia Plc, the Respondent in the matter, Jeremiah Njovu & 41 Others v. Barclays Bank Zambia Plc, one of the country’s largest employment class actions involving pensions and employment benefits with an estimated value of ZMW500 million (est. USD 33.2 million).
- Represented Nestlé Zambia Trading Limited (Nestlé Zambia) in the landmark case, Nestlé Zambia Trading Limited v. Zambia Revenue Authority, concerning transfer pricing with respect to Nestlé’s cross-border related-party transactions and business model. The Zambia Revenue Authority performed a transfer pricing audit with respect to Nestlé Zambia operations on the basis that Nestlé had consistently reported losses for a period of five years (2010-2014). Nestlé Zambia lodged an appeal with the Tax Appeals Tribunal in Lusaka.
- Acted for Zambia National Commercial Bank Plc (ZANACO) in the matter, Zambia National Commercial Bank PLC vs. Masautso E. Nyathando and 88 Others, one of the country’s largest employment class actions involving pensions and employee benefits with a potential exposure of approximately ZMW 80 million (est. USD 6.5 million).
- Represented Lunzua Power Authority Limited (Lunzua) in a dispute relating to the first privately owned hydro-electricity power plant in Zambia. A private entity commenced legal proceedings against the Government of the Republic of Zambia and the Water Resources Management Authority for failure to consider its application for water rights, which was duly lodged in accordance with the Water Resources Management Act. Lunzua joined the action and protected its interests in the disputed waters.
Advised (among others) the following during their redundancy exercises:
- Absa Bank Zambia Plc;
- Smollan Financial Services Pty Limited;
- Nestlé Zambia;
- First Quantum Minerals Limited;
- ZANACO
AREA OF EXPERTISE
Qualifications
Education
- Diploma in Business Practice, City & Guilds London
- Bachelor of Laws Degree, University of Zambia
- Legal Practitioner’s Certificate, Zambia Institute for Advanced Legal Education
- Diploma in International Arbitration
Professional Memberships
- Member of the Law Association of Zambia
- Member of the Chartered Institute of Arbitrators London
INSIGHTS
Overview
Jurisdictions worked in: United Kingdom, South Africa, Zambia
Languages fluent in: English
John specialises in commercial dispute resolution and has acted on some of the country’s most intricate and prominent matters, from arbitrations and tax disputes to class-action cases involving unlawful discharge and pension benefits. His approach is results focused and practical. He leverages available resources, human and non-human, to devise practical solutions to clients’ disputes. All the while, John ensures full client involvement as well as the full participation of the team around him in the dispute resolution process.
His approach is to ensure that the solution put forward during the dispute resolution process reflects the consensus between the client and legal team on the best end to the client’s dispute as well as the best means to arrive at that end.
John also has a solid practice of employment law. His passion for the employment space has earned him a seat on panels of employment law experts in Zambia and beyond. He has facilitated corporate training on employment in Zambia. He is a reliable source of employment advice to clients as well as colleagues within the legal profession in Zambia.
Fumanikile Lungani, Legal Counsel at Absa Bank Zambia Plc says, ‘John is an astute and agile lawyer who gives you the confidence that he will work towards getting you the best outcome for your matter.’
Alick Gondwe, Company Secretary and Head of Legal at Mopani Copper Mine Plc says the following, ‘John is a highly effective and dedicated lawyer. He always puts our interests first. I am particularly impressed that he works beyond his ordinary call of duty to deliver satisfactory results without compromising his legal ethics and professionalism.’
While John has helped me in many ways than one, what stands out is when he helped me resolve two high-value and complex international arbitration matters before tribunals appointed by the International Chamber of Commerce International Court of Arbitration. John demonstrated great skill, knowledge and insight, which were critical to the satisfactory resolution of the disputes. For complex legal matters requiring skill and full dedication, John is my go-to lawyer!’
Kate Musana, Legal Superintendent at First Quantum Mining and Operations Limited, says this about working with John: ‘He is reliable and devoted to our matters. He always gives me the comfort that we are in safe hands and a great deal of optimism about the best outcome we can get in the disputes he has conduct.’ She adds that ‘he also has an unmatched knowledge base in employment and helps me tremendously with risk aversion.’
Experience
- Represented the National Pension Scheme Authority (NAPSA) in an arbitration seated in Lusaka and conducted in accordance with the UNCITRAL Arbitration Rules, where Stalwart Investments Limited is claiming over ZMW 46 million in damages for breach of contract.
- Represented Mopani Copper Mines PLC, a subsidiary of ZCCM Investment Holdings PLC, in two arbitrations seated in London under the auspices of the International Chamber of Commerce, with a combined exposure of about USD 20 million. The client’s experience is shown in the testimonial of Alick Gondwe above.
- Represented Supaswift (Pty) Limited (Supaswift) in an arbitration relating to a shareholder dispute that arose following the sale of the Zambian business to FedEx Limited. The Zambian shareholders commenced arbitration proceedings against Supaswift, alleging breach of the Discharge Agreement between the parties. This was a domestic arbitration seated in Lusaka.
- Represented First Quantum Minerals Limited against Zesco Limited in an arbitration seated in London under the auspices of the London Court of Arbitration, where Zesco Limited was claiming over USD 50 million for breach of a power supply agreement.
- Represented Ameropa Commodities Proprietary Limited in respect of debt recovery arbitration from Zdenakie Commodities Limited and its directors for the sum of over USD 2.2 million arising from breach of a supply agreement. This arbitration was seated in Lusaka and conducted under the UNCITRAL Arbitration Rules.
- Acted for Absa Bank Zambia Plc, the Respondent in the matter, Jeremiah Njovu & 41 Others v. Barclays Bank Zambia Plc, one of the country’s largest employment class actions involving pensions and employment benefits with an estimated value of ZMW500 million (est. USD 33.2 million).
- Represented Nestlé Zambia Trading Limited (Nestlé Zambia) in the landmark case, Nestlé Zambia Trading Limited v. Zambia Revenue Authority, concerning transfer pricing with respect to Nestlé’s cross-border related-party transactions and business model. The Zambia Revenue Authority performed a transfer pricing audit with respect to Nestlé Zambia operations on the basis that Nestlé had consistently reported losses for a period of five years (2010-2014). Nestlé Zambia lodged an appeal with the Tax Appeals Tribunal in Lusaka.
- Acted for Zambia National Commercial Bank Plc (ZANACO) in the matter, Zambia National Commercial Bank PLC vs. Masautso E. Nyathando and 88 Others, one of the country’s largest employment class actions involving pensions and employee benefits with a potential exposure of approximately ZMW 80 million (est. USD 6.5 million).
- Represented Lunzua Power Authority Limited (Lunzua) in a dispute relating to the first privately owned hydro-electricity power plant in Zambia. A private entity commenced legal proceedings against the Government of the Republic of Zambia and the Water Resources Management Authority for failure to consider its application for water rights, which was duly lodged in accordance with the Water Resources Management Act. Lunzua joined the action and protected its interests in the disputed waters.
Advised (among others) the following during their redundancy exercises:
- Absa Bank Zambia Plc;
- Smollan Financial Services Pty Limited;
- Nestlé Zambia;
- First Quantum Minerals Limited;
- ZANACO
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