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Twaambo Mukuni

Associate | Lusaka

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T: +260 7770 77604

Overview

Twaambo has contributed significantly to various corporate-related matters, including competition law, data protection, mergers and acquisitions, banking and finance, (including project finance), regulatory compliance, mining, and tax advisory.

Through his involvement in transactions and advisory mandates across diverse sectors, Twaambo has developed a broad skill set and commercial awareness. His experience enables him to provide practical and well-rounded legal solutions tailored to the needs of clients operating in different industries.

Experience

  • Abbott Rapid Diagnostics (Pty) Ltd, (formally Alere) and Point of Care Testing (POCT), in relation to the application of data protection law in Zambia to anonymized health data and the requirements for sharing such data with third parties.
  • The Gates Medical Research Institute, in relation to the application of Zambian data protection law to anonymised health data, and the legal requirements governing the sharing of such data with third parties in connection with its research on the potential development of the GSK Tuberculosis vaccine.
  • CNH Industrial N.V., a NYSE-listed capital goods company specialising in equipment and services for agriculture and construction, in relation to reviewing its End-User Licence Agreement (EULA) in light of Zambia’s first ever data protection law, the Data Protection Act, No. 3 of 2021, vis-à-vis its operations in Zambia.
  • Absa Bank Zambia Plc, a part of Absa Group Limited an African financial services group, in relation to a ZMW 220 million refinancing facility to Zambeef Products PLC, an integrated cold chain food products and agribusiness company in Zambia. The purpose of the facility was to refinance an existing USD9,333,710.63 facility that the Borrower obtained from the German Investment and Development Corporation (DEG).
  • The Nature Conservancy, a global environmental non-profit working to create a world where people and nature can thrive, in relation to compliance with the data protection law in Zambia.
  • First Quantum Minerals Limited in relation to a USD 30 million equity investment through a preferential share subscription in Barotse Highway Limited (BHL), a Special Purpose Vehicle (SPV), with a concession for the design, build, finance, operate, maintain, and transfer of a crucial 371-kilometre road connecting Mutanda and Kasempa-Kaoma in Zambia’s North-Western and Western Provinces through a public-private partnership.
  • A consortium of lenders, through Cygnum Capital, an investment banking and asset management firm (as lead arranger), and Stanbic Bank Zambia Limited, a part of the Standard Bank Group (as lead manager), in relation to the second tranche of the USD 200 million green bond programme issued by CEC Renewables Limited (CEC-R) to finance the development and construction of the Itimpi Phase 2 project (Solar Plant).
  • Nampak International, in relation to the sale of its majority stake in Nampak (Zambia) Limited, specifically regarding the competition and tax implications of the proposed transaction.
  • SBA Communications Corporation, an independent owner and operator of wireless communications infrastructure, including towers, buildings, rooftops, distributed antenna systems (DAS) and small cells, in relation to a market and regulatory due diligence.
  • Stanbic Bank Zambia and the Standard Bank of South Africa Limited, as lenders, in relation to the USD 55.5 million Facilities Agreement to Africa GreenCo Group (GreenCo), through its newly incorporated Zambian subsidiary GreenCo Finance Solutions Limited (GreenCo FinanceCo), to finance power imports and alleviate Zambia’s energy crisis. The role involved reviewing and preparing financing documents and reviewing the project documents which include a power purchase agreement, wheeling agreement and use of the system agreement between GreenCo and ZESCO, power purchase agreements between GreenCo and First Quantum Minerals Limited and other related projects to assess any bankability issues and preparing bankability due diligence report with recommended mitigants.
  • A consortium of Lenders and The Standard Bank of South Africa Limited, acting through its Corporate and Investment Banking division, in relation to a USD425 million Facility Agreement to FQM Trident Limited (FQM Trident), a First Quantum subsidiary that wholly owns the Enterprise and Sentinel mines.
  • China Development Bank, a development bank in the People’s Republic of China, on a USD170 million loan facility agreement to the Government of the Republic of Zambia.
  • China Development Bank, a development bank in the People’s Republic of China, on a USD30 million loan facility to the Development Bank of Zambia as guaranteed by the Government of the Republic of Zambia.
  • The Standard Bank of South Africa Limited, and FirstRand Bank Limited (acting through its Rand Merchant Bank division), in relation to a ZAR5.95 billion refinancing facility to the Foschini Retail Group Proprietary Limited (TFG), a South African JSE listed retail clothing group with presence across 24 countries.

AREA OF EXPERTISE

Qualifications

  • LLB (Cum Laude) from Nelson Mandela University.

Professional Memberships

  • Law Association of Zambia
  • Admitted as an Advocate at the High Court of Zambia

INSIGHTS

Overview

Twaambo has contributed significantly to various corporate-related matters, including competition law, data protection, mergers and acquisitions, banking and finance, (including project finance), regulatory compliance, mining, and tax advisory.

Through his involvement in transactions and advisory mandates across diverse sectors, Twaambo has developed a broad skill set and commercial awareness. His experience enables him to provide practical and well-rounded legal solutions tailored to the needs of clients operating in different industries.

Experience

  • Abbott Rapid Diagnostics (Pty) Ltd, (formally Alere) and Point of Care Testing (POCT), in relation to the application of data protection law in Zambia to anonymized health data and the requirements for sharing such data with third parties.
  • The Gates Medical Research Institute, in relation to the application of Zambian data protection law to anonymised health data, and the legal requirements governing the sharing of such data with third parties in connection with its research on the potential development of the GSK Tuberculosis vaccine.
  • CNH Industrial N.V., a NYSE-listed capital goods company specialising in equipment and services for agriculture and construction, in relation to reviewing its End-User Licence Agreement (EULA) in light of Zambia’s first ever data protection law, the Data Protection Act, No. 3 of 2021, vis-à-vis its operations in Zambia.
  • Absa Bank Zambia Plc, a part of Absa Group Limited an African financial services group, in relation to a ZMW 220 million refinancing facility to Zambeef Products PLC, an integrated cold chain food products and agribusiness company in Zambia. The purpose of the facility was to refinance an existing USD9,333,710.63 facility that the Borrower obtained from the German Investment and Development Corporation (DEG).
  • The Nature Conservancy, a global environmental non-profit working to create a world where people and nature can thrive, in relation to compliance with the data protection law in Zambia.
  • First Quantum Minerals Limited in relation to a USD 30 million equity investment through a preferential share subscription in Barotse Highway Limited (BHL), a Special Purpose Vehicle (SPV), with a concession for the design, build, finance, operate, maintain, and transfer of a crucial 371-kilometre road connecting Mutanda and Kasempa-Kaoma in Zambia’s North-Western and Western Provinces through a public-private partnership.
  • A consortium of lenders, through Cygnum Capital, an investment banking and asset management firm (as lead arranger), and Stanbic Bank Zambia Limited, a part of the Standard Bank Group (as lead manager), in relation to the second tranche of the USD 200 million green bond programme issued by CEC Renewables Limited (CEC-R) to finance the development and construction of the Itimpi Phase 2 project (Solar Plant).
  • Nampak International, in relation to the sale of its majority stake in Nampak (Zambia) Limited, specifically regarding the competition and tax implications of the proposed transaction.
  • SBA Communications Corporation, an independent owner and operator of wireless communications infrastructure, including towers, buildings, rooftops, distributed antenna systems (DAS) and small cells, in relation to a market and regulatory due diligence.
  • Stanbic Bank Zambia and the Standard Bank of South Africa Limited, as lenders, in relation to the USD 55.5 million Facilities Agreement to Africa GreenCo Group (GreenCo), through its newly incorporated Zambian subsidiary GreenCo Finance Solutions Limited (GreenCo FinanceCo), to finance power imports and alleviate Zambia’s energy crisis. The role involved reviewing and preparing financing documents and reviewing the project documents which include a power purchase agreement, wheeling agreement and use of the system agreement between GreenCo and ZESCO, power purchase agreements between GreenCo and First Quantum Minerals Limited and other related projects to assess any bankability issues and preparing bankability due diligence report with recommended mitigants.
  • A consortium of Lenders and The Standard Bank of South Africa Limited, acting through its Corporate and Investment Banking division, in relation to a USD425 million Facility Agreement to FQM Trident Limited (FQM Trident), a First Quantum subsidiary that wholly owns the Enterprise and Sentinel mines.
  • China Development Bank, a development bank in the People’s Republic of China, on a USD170 million loan facility agreement to the Government of the Republic of Zambia.
  • China Development Bank, a development bank in the People’s Republic of China, on a USD30 million loan facility to the Development Bank of Zambia as guaranteed by the Government of the Republic of Zambia.
  • The Standard Bank of South Africa Limited, and FirstRand Bank Limited (acting through its Rand Merchant Bank division), in relation to a ZAR5.95 billion refinancing facility to the Foschini Retail Group Proprietary Limited (TFG), a South African JSE listed retail clothing group with presence across 24 countries.

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