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Joshua Mwamulima

Partner | Lusaka

Joshua-Mwamulima

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Contact

T: +260 96 6974004

Overview

Joshua Mwamulima is a partner in our Zambian practice.

He specialises in data protection, mergers and acquisitions, competition, AFCFTA, payment systems  and regulatory law. , and project finance. He also has significant experience in the energy and mining sector.

Joshua has helped clients ensure regulatory compliance at every stage of the company life cycle or project life cycle. He also assists in the negotiation of all forms of project contracts including concession agreements, supply and off-take agreements, power purchase agreements, and construction contracts.

His clients include multinational and state-owned utility companies, mining companies and mining equipment firms, independent power producers, renewable energy companies (wind, solar and hydro), carbon trading funds, large infrastructure and construction companies as well as real estate enterprises.

Experience

The following are some of the transactions he advised on recently:

  • MTN Group Limited, in relation to restructuring of aYo Holdings, a 50/50 a joint venture between MTN Group and Momentum Metropolitan Strategic Investments Proprietary Limited (MMH), a subsidiary of the listed entity MMI Holdings Limited.
  • Zambezi River Authority, a corporation jointly and equally owned by the governments of Zambia and Zimbabwe, in relation to the development of a 2400MW cross-border hydroelectric project on a build-operate-transfer basis.
  • BP Investment Limited (BPIL), in relation to restructuring of a USD 15.4 million debt owed by CEC Africa Investments Limited (CECA), a public company traded on the second-tier market of the LuSE, following substantial acquisition of shares in CECA by BPIL and a letter of demand from Zambia Energy Corporation (Ireland) Limited.
  • Network International Holdings plc, an enabler of digital commerce across the Middle East and Africa, also listed on the London Stock Exchange, in relation to its acquisition of 100 per cent stake in DPO Group, an online commerce platform operating across 19 African countries, for a total consideration of approximately USD288 million.
  • Absa Bank Zambia Plc in relation to the registration and perfection of its security interests
  • Mastercard Asia/Pacific Pte Ltd in relation to the operation of different payment systems in Zambia
  • Google Inc in relation to the possible implications of the Data Protection Act on its operations or services in Zambia.
  • LafargeHolcim in relation to the disposal of its shares in Lafarge Zambia Plc
  • Abu Dhabi Aviation providing legal advice in relation to the registration of aircraft in Zambia and under the Cape Town Convention
  • Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH providing training on the legal aspects of renewable energy project development in Zambia
  • African Banking Corporation Zambia Limited (trading as Atlas Mara Zambia) in relation to a complaint to the Competition and Consumer Protection Commission for unfair trading practices
  • Africa GreenCo, a public-private-partnership between African governments, the private sector and international financial institutions to create a dynamic new participant in the Southern African Power Pool, in relation to the establishment of a regional creditworthy intermediary offtaker and power services provider, reducing the credit risk and therefore cost of renewable energy generation projects. The role included advising on the set-up and incorporation of the local entity, regulatory compliance in the energy sector, public procurement and local tax issues and reviewing template term sheets for power sale and purchase agreements, wheeling and connection agreements.
  • Neoen First Solar Consortium as investor shareholders in Bangweulu Power Company Limited (the project company for the Scaling Solar Project) in relation to the development and operation of a solar PV power plant with a generating capacity of at least 47.5MW (AC) in the Lusaka.

AREA OF EXPERTISE

Qualifications

  • Member of the Law Association of Zambia and is an advocate of the Superior Courts of Zambia.
  • LLB from the University of Zambia.
  • LLM in Mineral Law and Policy from the Center of Energy, Petroleum and Mineral Law and Policy at the University of Dundee.

INSIGHTS

Africa: Recent developments in carbon markets Harnessing Africa’s free trade agenda – AfCFTA Protocol on Trade in Services Africa: Tax and currency controls in infrastructure-build projects Harnessing Africa’s free trade agenda – AfCFTA Protocol on Competition Zambia: Merger notification threshold increases to ZMW 30 million Zambia: Market inquiry on pay television services Zambia: 2023 National Budget aims to stimulate economic growth Zambia: 2023 National Budget – government seeks to increase uptake of insurance services Zambia: 2023 National Budget – government considering green finance mechanisms Zambia: 2023 National Budget – Public-private partnerships re-emphasized Zambia: 2023 National Budget – government to square PTT legislation reading Zambia: 2023 National Budget – additional mining tax regime reforms Zambia: Mining Appeals Tribunal established Zambia: Fiscal incentives to promote manufacturing in economic zones re-introduced Zambia: Tourism fiscal relief extended for another year Zambia: Measures to support the agricultural and agro-processing sectors Zambia: Public-private partnerships to fund transport infrastructure Zambia: 2022 National Budget aims to revitalise the country’s economy Zambia: The Cyber Security and Cyber Crimes Act, 2021- Key provisions and implications for service providers and private citizens Zambia: Proposal to subcontract public contracts to citizen-owned companies Zero import duty on copper concentrates Property Transfer Tax for the indirect transfer of shares Amendments to the regulation of transfer pricing Introduction of local content-based incentive to promote manufacturing Reduction of corporate income tax rate for tourism enterprises

Overview

Joshua Mwamulima is a partner in our Zambian practice.

He specialises in data protection, mergers and acquisitions, competition, AFCFTA, payment systems  and regulatory law. , and project finance. He also has significant experience in the energy and mining sector.

Joshua has helped clients ensure regulatory compliance at every stage of the company life cycle or project life cycle. He also assists in the negotiation of all forms of project contracts including concession agreements, supply and off-take agreements, power purchase agreements, and construction contracts.

His clients include multinational and state-owned utility companies, mining companies and mining equipment firms, independent power producers, renewable energy companies (wind, solar and hydro), carbon trading funds, large infrastructure and construction companies as well as real estate enterprises.

Experience

The following are some of the transactions he advised on recently:

  • MTN Group Limited, in relation to restructuring of aYo Holdings, a 50/50 a joint venture between MTN Group and Momentum Metropolitan Strategic Investments Proprietary Limited (MMH), a subsidiary of the listed entity MMI Holdings Limited.
  • Zambezi River Authority, a corporation jointly and equally owned by the governments of Zambia and Zimbabwe, in relation to the development of a 2400MW cross-border hydroelectric project on a build-operate-transfer basis.
  • BP Investment Limited (BPIL), in relation to restructuring of a USD 15.4 million debt owed by CEC Africa Investments Limited (CECA), a public company traded on the second-tier market of the LuSE, following substantial acquisition of shares in CECA by BPIL and a letter of demand from Zambia Energy Corporation (Ireland) Limited.
  • Network International Holdings plc, an enabler of digital commerce across the Middle East and Africa, also listed on the London Stock Exchange, in relation to its acquisition of 100 per cent stake in DPO Group, an online commerce platform operating across 19 African countries, for a total consideration of approximately USD288 million.
  • Absa Bank Zambia Plc in relation to the registration and perfection of its security interests
  • Mastercard Asia/Pacific Pte Ltd in relation to the operation of different payment systems in Zambia
  • Google Inc in relation to the possible implications of the Data Protection Act on its operations or services in Zambia.
  • LafargeHolcim in relation to the disposal of its shares in Lafarge Zambia Plc
  • Abu Dhabi Aviation providing legal advice in relation to the registration of aircraft in Zambia and under the Cape Town Convention
  • Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH providing training on the legal aspects of renewable energy project development in Zambia
  • African Banking Corporation Zambia Limited (trading as Atlas Mara Zambia) in relation to a complaint to the Competition and Consumer Protection Commission for unfair trading practices
  • Africa GreenCo, a public-private-partnership between African governments, the private sector and international financial institutions to create a dynamic new participant in the Southern African Power Pool, in relation to the establishment of a regional creditworthy intermediary offtaker and power services provider, reducing the credit risk and therefore cost of renewable energy generation projects. The role included advising on the set-up and incorporation of the local entity, regulatory compliance in the energy sector, public procurement and local tax issues and reviewing template term sheets for power sale and purchase agreements, wheeling and connection agreements.
  • Neoen First Solar Consortium as investor shareholders in Bangweulu Power Company Limited (the project company for the Scaling Solar Project) in relation to the development and operation of a solar PV power plant with a generating capacity of at least 47.5MW (AC) in the Lusaka.

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