Meet The Team

- Embracing Innovation-

Mulopa Ndalameta

AREAS OF EXPERTISE:

· Dispute Resolution

· Damages

· Competition

· Procurement

EXPERIENCE:

2023 – Present	Partner, MAY and Company.
2020 – 2023	Partner, Musa Dudhia & Co.
2016 – 2020	Senior Associate, Musa Dudhia & Co.
2013 – 2016	Associate, Musa Dudhia & Co.

PROFESSIONAL QUALIFICATIONS:

2022 - Member, Chartered Institute of Arbitrators

2021 - Associate, Chartered institute of Arbitrators
2021 - Diploma in International Arbitration.
2013 - Zambia Institute of Advanced Legal Education, Legal Practitioners’ Qualifying Exam; Zambia.
2011 - University of Zambia; Bachelor of Laws (LLB), Zambia

PROFESSIONAL SOCIETIES:

Executive Committee of the Zambia Branch, Chartered Institute of Arbitrators
Member of the YMG Global Steering Committee of the Chartered Institute of Arbitrators
Country Representative, Africa Construction Law
Member, Association of Young Arbitrators
Alumni, African Arbitration Academy

ADJUCATION APPOINTMENTS:

Member of the Local Government elections Tribunal (established by the Constitution of Zambia)
Twice appointed as sole arbitrator

PUBLICATIONS:

TRANSACTIONS:

Deal/Matter Description	Client	Practice Area
Mulopa acted as advocates of record for KCMclient in an action against Milingo Lungu (the former provisional liquidator) and Lungu Simwanza & Company (collectively referred to as the “Respondents”). The client stands as one of the foremost players in Zambia’s mining landscape, solidifying its position as one of the country’s largest and most influential mining companies. As a subsidiary of Vedanta Resources Limited, a globally recognised natural resources conglomerate headquartered in India, the client operates a network of mines and processing facilities primarily situated in the Copperbelt region of Zambia. The company’s flagship assets include the Konkola Mine, renowned for its depth and scale, alongside the Konkola Deep Mining Project (KDMP), emblematic of the client’s commitment to innovation and expansion within the industry. The matter is important as it marks a significant legal precedent in corporate governance and liquidation proceedings.	Konkola Copper Mines Plc (in liquidation)	Mining litigation
Mulopa led as counsel for the client who is an internationally recognised and award-wining multi-disciplinary civil engineering consultancy firm which was contracted as a consultant for project management services for the construction of Kasaba Bay Airport runway (the “Project”) by the Government of Zambia (the “Government”). The Project was suspended in January 2015, when it was 76% completed. The Government then owed the Client USD 15 million, which sum was negotiated downward to USD 12.8 million by way of a settlement agreement which provided that no interest would accrue and that in turn, the Government would reengage the Client for the completion of the Project or work around the Project. In May 2023, the Government purported to advertise for a new consultant in the same project area. His role involved using judicial review proceedings to challenge the Government’s decision not to reengage the Client, seeking damages of at least USD 33 million. The matter is important because it addresses the issue of prudence by Government in allocating and spending resources. A judicial pronouncement frowning upon incurring further liability by engaging a new contractor where a contractor is already engaged and may be used at lower cost for a new project would improve governance and decision making. In addition, it addresses public policy concerns of resiling from a contractual agreement obtained on the strength of a promise.	Ng’andu Consulting Limited	Projects disputes
Mulopa the client who runs a tourism enterprise in the Kafue National Park called Ila Safari Lodge. By a policy of insurance between the client and Nico Insurance Zambia Limited (“Nico Insurance”) under which in consideration of premiums paid and to be paid upon the terms agreed by the client, Nico Insurance agreed to insure the client against property being destroyed or damaged through fire (the "Fire Policy") as well as business interruption insurance with the limit of liability agreed at USD 1 817 300 for each and every loss. The client suffered property and business interruption loss covered under the Fire Policy but the insurer only partly paid, and took its time to process the claim. They commenced an action seeking damages asserting the client’s claimed value, and damage for delay. The case seeks to improve processing of insurance claims by bringing in a time factor to payment of a claim, even where the underlying policy does not expressly stipulate a time period. The delay in paying, has been presented as linked to the business interruption claim, in order to extend the policy period beyond 1 year, for as long as payment is not made.	Green Safaris Zambia Limited	Insurance Litigation
Mulopa assisted the client who is a statutory body that regulates engineering professionals, engineering units and engineering organisations in Zambia. The aforementioned are all required to register and become members of the client. One of the functions the client performs is disciplining its members. One of its members, Bicon Zambia Limited, the Plaintiff was responsible for supervision of engineering and construction works at Society Business Park Project in the Lusaka central business district. This building was occupied by business tenants and retail stores. On 13 October 2019 one of the columns of the building failed. This immediately endangered lives of people in and around the building, some people were injured, and business was disrupted. The client took keen interest and conducted its own investigation into the matter. Based on its findings, the client considered itself compelled to suspend the member in question on 23 July 2022, pending determination of the matter by the client’s Disciplinary Committee established by statute. The manner in which it effected the suspension was novel for 2 reasons. Firstly, the suspension was done through one of the Client’s 3 statutory organs known as the Council, relying on the Client’s constitution. Ordinarily a suspension will be done through the Disciplinary Committee. Secondly, the suspension was meted out before a hearing by the Disciplinary Committee. Mulopa was able to obtain judicial endorsement of this type of suspension in a separate matter where suspension was effected in the same way. Bicon Zambia Limited challenged its suspension in the High Court and obtained an injunction to reverse its suspension. Mulopa raised a preliminary issue based on the mode of challenge. The contention of the Client is that since it is a public body, its decisions are required to be challenged through the streamlined process of judicial review, rather than a writ of summons and statement of claim. More importantly, a proper challenge of the Client’s decision through judicial review will be subjected to a threshold consideration of whether or not leave should even be granted to commence the judicial review process. At first instance, the preliminary issue was unsuccessful in the High Court. Mulopa has now escalated the issue for determination by the Court of Appeal.	Engineering Institution of Zambia	Litigation
Mulopa led as counsel for our client who is a statutory body that regulates engineering professionals, engineering units and engineering organisations in Zambia. It is made up of 3 statutory organs. One of these is the Disciplinary Committee, which receives and hears complaints arising from misconduct or breaches of the code of conduct by engineering professionals, engineering units and engineering organisations. The client received a complaint from a member of the public who engaged WBHO Construction Zambia Limited to construct his house. His grievance presented to the Disciplinary Committee was that WBHO, as his contractor, did not staff the project with qualified personnel, or that where they were qualified, they were not registered with the Client to practice engineering. WBHO raised an issue before the Disciplinary Committee, contending that since no statutory instrument had been promulgated under the enabling legislation of the Disciplinary Committee, it could not sit to determine the complaint. When the Disciplinary Committee rendered its decision dismissing the preliminary issue, WBHO appealed to the High Court. The matter is important because it has potential to upend a system that has long been established and is necessary for the sake of good order in the engineering profession. Mulopa’s role as advocate has been to defend the client in the appeal and demonstrate that even the rules applicable to the Disciplinary Committee even before the present act of parliament was passed in 2010, remain applicable and can be used, even though they were not expressly promulgated pursuant to the present Engineering Act.	Engineering Institution of Zambia	Litigation
Mulopa led as advocates of record to protect the interests of Makuku Farms Limited (“Client”) ensuing from the Client’s purchase of a farm from beneficiaries of a deceased’s estate who died intestate. Upon purchasing the farm, the Client spent a decade developing the farm and improving it with a total investment of US$5 000 000. Internal wrangles amongst extended family members of the deceased led to some of them being disgruntled. It is not clear at this stage who amongst the disgruntled is properly to be considered a beneficiary under the laws relating to intestacy. Nevertheless, the disgruntled unsuccessfully sought to nullify the sale in previous court actions even though it did not affect their alleged share of the deceased’s estate. They subsequently made an application for probate over the same estate, which is already being administered pursuant to a grant from the High Court. Upon learning of this, Mulopa’s role was to ensure that the Client joins the action so that it is heard on the question of whether the High Court should issue another grant. Ultimately, they advanced the position that any grant should be “save and except” the sale of the farm that has already taken place. In addition, they urged the court to uphold the general principle of finality in estate administration and distribution of the deceased’s estate and that where the grant is revoked or varied, any sale of land by the current administrators is valid regardless of the revocation or variation. To this extent, if the disgruntled are granted letters of administration, they should be estopped from interfering with the farm that has already been bought by the Client.	Makuku Farms Limited	Litigation Probate and Succession

Mulopa is a commercial dispute resolution partner with over 10 years experience. He is a seasoned litigator in various courts and has represented a plethora of clients, both local and international, before arbitral tribunals and superior courts in Zambia. Of significance is his experience in commercial arbitration where he has assisted clients in different sectors including mining, FMCGs and agricultural and commodities trade.

Mulopa is also an alumni of the Africa Arbitration Academy and a member of the Chartered Institute of Arbitrators, Zambia branch. Mulopa also specialises in construction law and is the country representative for the Africa Construction Law platform, which is the global platform for construction law and practice in Africa.

Chanda Musonda

Deal/Matter Description

Client

Practice Area

Chanda led the transaction involving MTN Group, one of the biggest mobile network operators in Africa. The landmark transaction involved the hiving off and disposal of MTN Zambia’s fibre assets to Bayobab Zambia , whose sole business would be that of providing fibre connectivity. The scope involved preparation of the sale/transfer agreement and ancillary agreements, such as novation deeds to effect the transfer of the fibre customers from MTN Zambia to Bayobab, assisting with satisfaction of the conditions precedents and attending to completion of the transaction.

The deal is the first of its kind in Zambia pursuant to which an entity is specifically created to provide fibre connectivity exclusively, not only in Zambia but across the African continent.

Bayobab Zambia and MTN Zambia

Telecommunications Law

Chanda assisted on the transaction involving the potential acquisition of Mopani Copper Mines In Zambia by Sibanye Still Water, a multi-national mining and metals processing group with a primary listing on the Johannesburg Stock Exchange and secondary listing of American Depositary Receipts (ADRs) on the New York Stock Exchange (NYSE) in the United States of America.

The deal was managed by Rothschild & Co as corporate advisor and Webber Wentzel acted as lead counsel to the transcation.

Her role involved assisting in the legal due diligence on the Target Company and thereafter preparation of the transaction documents in respect of the Proposed Transaction including the Investment Agreement, Offtake Agreement and Shareholders Agreement. They also advised the Client on various methods to protect its investment in the country.

Unfortunately, the Client did not succeed with the acquisition and the mine has since been acquired by a Saudi owned company.

Webber Wentzel and Sibanye Stillwater Limited

Mergers and Acquisitions.

EDUCATION AND PROFESSIONAL COURSES:

2019 December-ALN Leadership Training-Cambridge, United Kingdom
2015- Masters of Law (LLM) (Commercial Law) from the University of Cape Town, South Africa
2012 - September to December-International Lawyers for Africa Secondment - United Kingdom
2011 - Admitted to practice as a Legal Practitioner in Zambia
2006 - Bachelor of Laws (LLB) from Rhodes University, South Africa (Recipient of Dean’s Merit Award for the years 2004, 2005 and 2006)

Chanda has a corporate legal career spanning over 13 years. She is known to clients for her expertise in banking & finance, capital markets, competition law, TMT and data protection and regulatory compliance. Her clients have described her as possessing the ability to unpack and simplify complex transactions in a practical and business-ready manner.

Chanda’s clients include local banks and financial institutions, notable international DFIs, telecoms operators including MNOs, ISPs and data center providers. Chanda also sits on the board of directors of a financial institution and a fintench enterprise. She has been recognised in IFLR 1000 2021 and 2022 as a Rising Star Partner for her work in banking and finance. Chanda is an Advocate of the High Court of Zambia and holds an LLB and LLM from Rhodes University and the University of Cape Town respectively.

Harriet A. Mdala

Awards:

Transactions:

Deal/Matter Description	Client	Practice Area
Harriet led as counsel to the client, in connection with the Client’s entry into a bought deal placement financing. The client is the ultimate holding company of three Zambian subsidiaries namely; GoviEx Uranium Zambia Limited, (“GoviEx Zambia”), Muchinga Energy Resources Limited (“Muchinga”) and Chirundu Joint Ventures Zambia Limited (“Chirundu”), all in the mining sector, specifically uranium mining. The scope of work involved issuing a title opinion on the operations of the Client’s Zambian subsidiaries to enable the placement to occur. The Client’s entry into a bought deal placement financing ensures that the Client has the necessary funding for the advancement of its uranium exploration and mining endeavours.	GoviEx Uranium Inc	Mining and corporate advice
Harriet led as counsel for the Client, a multi-national mining and metals processing group with a primary listing on the Johannesburg Stock Exchange and secondary listing of American Depositary Receipts (ADRs) on the New York Stock Exchange (NYSE) in the United States of America, though their South African legal counsel Webber Wentzel in respect of the Client’s potential acquisition of Mopani Copper Mines Plc (“Target Company”) from ZCCM IH Plc. The deal was managed by Rothschild & Co as corporate advisor. The Target Company is one of the biggest copper mines in Zambia operating in Kitwe and Mufulira districts of the Copperbelt Province in Zambia, Her role involved undertaking a legal due diligence on the Target Company and thereafter prepare transaction documents in respect of the Proposed Transaction including the Investment Agreement, Offtake Agreement and Shareholders Agreement. She also advised the Client on various methods to protect its investment in the country. Unfortunately, the Client did not succeed with the acquisition and the mine has since been acquired by a Saudi owned company.	Webber Wenntzel and Sibanye Stillwater Limited	Mergers and Acquisitions
Harriet assisted in a transaction involving MTN Group, one of the biggest mobile network operators in Africa. The landmark transaction involved the hiving off and disposal of MTN Zambia’s fibre assets to a separate entity, the Client, whose sole business would be that of providing fibre connectivity. The entire separation and disposal of the fibre assets in Zambia were implemented. The following were drafted: the sale/transfer agreement and ancillary agreements, such as novation deeds to effect the transfer of the fibre customers from MTN Zambia to the Client collation of conditions precedents until completion of the transaction. The deal is important because it is the first of its kind in Zambia pursuant to which an entity is specifically created to provide fibre connectivity exclusively, not only in Zambia but across the African continent, as the entity is now also licenced to transmit fibre capacity outside Zambia. .	Bayobab Zambia	Telecommunications Law

Publications:

Harriet is a Partner and team leader with over 11 years experience in various corporate and commercial law related matters in Zambia. Her areas of expertise include mergers and acquisitions, energy and infrastructure, real property, regulatory and compliance matters as well as corporate governance. Harriet has vast experience with structuring, negotiation and completion of merger, disposal and joint venture transactions. These transactions range from domestic two-party transactions to complex multijurisdictional transactions involving multiple parties, advisors and financiers. Harriet’s client base includes multinational entities, local champions, private equity funds, ILFs, NGOs and high net individuals. Harriet also sits as a director in insurance and financial institutions in Zambia. She is also currently the President of the French Business Circle

Deal/Matter Description	Client	Practice Area
Yosaled as advocate of record for a whistleblower (the “Client”), through the PPLAAF against the Ministry of Finance (“MoF”). The matter arose out of the reprisals and victimisation faced by the Client from senior government officials of the MoF on account of the public interest disclosures he made on large-scale corruption and money laundering occurring under the Ministry of General Education in Zambia. Arising from the report of these corrupt practices, Mr. Ntumbo has faced various reprisals, including threats to his life and well-being and withholding of his remuneration, among others. Their role as advocates on record has been to represent the Client in the judicial review proceedings against the decisions made by the senior government official of the MoF. The significance of this matter lies in the protection and advocacy for whistleblowers, ensuring that individuals who expose corruption are shielded from adverse actions. Furthermore, their role was pivotal in challenging the decisions made by government officials.	Plateforme de Protection des Lanceurs d'Alerte en Afrique (“PPLAAF”)	ldispute resolution
Yosa led as advocates of record for the Client in a mortgage action brought by the Zambia National Commercial Bank Plc (“ZANACO”). The crux of the matter revolved around a facility extended by ZANACO to Elite Industries Limited in 2020, totalling US$ 12 000 000. As part of the security arrangements for this facility, a legal mortgage was given over property owned by the 4th Defendant, Infinity Group Zambia Limited, among others. Following default by the Client on its obligations, ZANACO exercised its right to appoint a Receiver, who subsequently took possession of the mortgaged property. Consequently, ZANACO initiated foreclosure proceedings on the same property while the Receiver was in possession. This dispute holds significance as it concerns the fundamental right of borrowers to redeem a mortgage.	Elite Industries Limited	Dispute Resolution
Yosa led as advocate of record for the Client and 4 others in a mortgage action brought by Access Bank Limited (“Access Bank”). The facts are that sometime in 2014, the Client obtained loan facilities totalling ZMW16 000 000 (approximately US$ 3 200 000 at the time the loan was contracted) from Access Bank and Cavmont Bank Zambia Limited (“Cavmont”) (which was later acquired by Access Bank). Additionally, the Client entered into various overdraft facilities with Access Bank. During the process of amalgamation between Access Bank and Cavmont, several irregularities and discrepancies emerged, particularly concerning the calculation of interest on the loan agreements. Despite repeated efforts to rectify these discrepancies, they persist unresolved. Access Bank now initiated legal proceedings, claiming various sums allegedly owed under the loan agreements. The Client asserted that it had already remitted more the USD 3 200 000 over the years to Access Bank, notwithstanding the unresolved irregularities regarding interest calculations. The Client contended that it has settled its indebtedness. This dispute delves into the regulatory framework governing the setting of interest rates by banks, particularly in alignment with the monetary policy rates established by the Bank of Zambia, as well as compliance with the various regulatory obligations applicable to the banks.	Natural Valley Limited	Dispute Resolution

Yosa led as advocates for record in three inter-related court actions commenced against our Client by an aggrieved shareholder of the Company (the “Plaintiff”). The first action involved the Plaintiff commencing an action against our Client for an order to render an account of all the monies received on behalf of the Company and a 33.34% of shares in another company owned by the Client. The second action was commenced by the Plaintiff against our Client to have the Company wound up. The third action was commenced again at the behest of the Plaintiff seeking an order to join the Client’s business partners (who are his sons) and also to attempt to sue our Client on behalf of the Company. They raised preliminary issues on a point of law to have the third action dismissed on a technicality as the Plaintiff had not obtained leave to sue on behalf of the Company. The Judge agreed with them and dismissed the action. In the second action they applied to have the winding up petition struck out as an abuse of court process. The Court ultimately dismissed the winding up petition as an abuse of Court Process. The three matters are currently pending on appeal in the Court of Appeal. These matters are inter-related and are important because they managed to reduce the exposure of the Client against a relentless litigant where the potential exposure for the client was US$ 10,000,000 to US$ 12,000,000. The Company is a family company which also employs many people and is the backbone of the community by having matters dismissed they ensured the Company is still operating and a source of income for the community.	BL and D Plant Hire and Sales Limited	Dispute Resolution

Yosa is a seasoned litigator and has acted for various clients on private and public law dispute resolutions including valuable expertise in criminal litigation. His practice also includes providing corporate and commercial advice to clients on commercial, construction, public law, competition, forensics, insolvency and employment matters.

Yosa is also an accredited insolvency practitioner and is a member of Insol International, an association of international insolvency practitioners.

Yosa’s practice also includes advice on insolvency matters with a particular focus on business rescue and restructuring practice. Yosa leads the firm’s forensics practice and draws on his valuable experience as a criminal defence lawyer on financial crimes cases. Yosa also sits on the board of the American Chamber of Commerce in Zambia

Maloba Nalomba

Maloba Nalomba is an esteemed legal practitioner and advocate at the High Court of Zambia, boasting over 9 years of experience. Known for her strategic counsel to executives and organizations, she excels in formulating innovative case strategies and persuasive briefs, consistently achieving favorable outcomes. Her expertise spans trial preparation, legal research, and drafting precise legal documents, underpinned by a meticulous and analytical approach. Maloba's achievements include managing mergers of private and publicly listed companies, securing notable judgments in employment, contract, real estate, and company law disputes, and conducting thorough due diligence for prominent Zambian firms in fintech, retail, insurance, mining, and agriculture sectors. She is recognized as a "Rising Star" in the IFLR1000 rankings for consecutive years, reflecting her impactful contributions and leadership in shaping legal standards and client service excellence in Zambia's legal community.

Deal/Matter Description

Client

Practice Area

Chilufya assisted as counsel for the Client who is a statutory body that regulates engineering professionals, engineering units and engineering organisations in Zambia. The aforementioned are all required to register and become members of the client. One of the functions the client performs is disciplining its members. One of its members, Bicon Zambia Limited, the Plaintiff was responsible for supervision of engineering and construction works at Society Business Park Project in the Lusaka central business district. This building was occupied by business tenants and retail stores. On 13 October 2019 one of the columns of the building failed. This immediately endangered lives of people in and around the building, some people were injured, and business was disrupted.

The Client took keen interest and conducted its own investigation into the matter. Based on its findings, the Client considered itself compelled to suspend the member in question on 23 July 2022, pending determination of the matter by the Client’s Disciplinary Committee established by statute. The manner in which it effected the suspension was novel for 2 reasons. Firstly, the suspension was done through one of the Client’s 3 statutory organs known as the Council, relying on the Client’s constitution. Ordinarily a suspension will be done through the Disciplinary Committee. Secondly, the suspension was meted out before a hearing by the Disciplinary Committee. The team was able to obtain judicial endorsement of this type of suspension in a separate matter where suspension was effected in the same way.

Bicon Zambia Limited challenged its suspension in the High Court and obtained an injunction to reverse its suspension. The team including Chilufya raised a preliminary issue based on the mode of challenge. The contention of the Client is that since it is a public body, its decisions are required to be challenged through the streamlined process of judicial review, rather than a writ of summons and statement of claim. More importantly, a proper challenge of the Client’s decision through judicial review will be subjected to a threshold consideration of whether or not leave should even be granted to commence the judicial review process. At first instance, the preliminary issue was unsuccessful in the High Court.

Engineering Institution of Zambia

Litigation

Chilufya, an Advocate for the High Court of Zambia, practices with utmost dedication at MAY and Company. Specializing in corporate and commercial law, she has garnered a reputation as a trusted legal advisor. With a diverse range of expertise spanning real property, regulatory compliance, insurance, employment law, banking and finance, capital markets, and real estate, Chilufya caters to a clientele comprising local and international corporations, entrepreneurs, and start-ups. As a dual-qualified lawyer in Western Australia and Zambia, she offers comprehensive legal guidance and support in various transactions, ensuring clients' specific needs are met across multiple jurisdictions

Deal/Matter Description	Client	Practice Area
Hlezipe assisted on a matter in an action against Milingo Lungu (the former provisional liquidator) and Lungu Simwanza & Company (collectively referred to as the “Respondents”). The Client stands as one of the foremost players in Zambia’s mining landscape, solidifying its position as one of the country’s largest and most influential mining companies. As a subsidiary of Vedanta Resources Limited, a globally recognised natural resources conglomerate headquartered in India, the Client operates a network of mines and processing facilities primarily situated in the Copperbelt region of Zambia. The company’s flagship assets include the Konkola Mine, renowned for its depth and scale, alongside the Konkola Deep Mining Project (KDMP), emblematic of the Client’s commitment to innovation and expansion within the industry. Through its strategic operations, the Client significantly contributes to Zambia’s copper production, bolstering the nation’s stature as a leading copper producer in Africa. The client’s prominence underscores its pivotal role in shaping the trajectory of Zambia's mining sector, serving as a cornerstone of economic growth and development in the region. .	Konkola Copper Mines Plc (in liquidation)	Corporate governance
Hlezipe assisted on a matter involving an internationally recognised and award-wining multi-disciplinary civil engineering consultancy firm which was contracted as a consultant for project management services for the construction of Kasaba Bay Airport runway (the “Project”) by the Government of Zambia (the “Government”). The Project was suspended in January 2015, when it was 76% completed. The Government then owed the Client USD 15 million, which sum was negotiated downward to USD 12.8 million by way of a settlement agreement which provided that no interest would accrue and that in turn, the Government would reengage the Client for the completion of the Project or work around the Project. In May 2023, the Government purported to advertise for a new consultant in the same project area. Our role involved using judicial review proceedings to challenge the Government’s decision not to reengage the Client, seeking damages of at least USD 33 million. .	Ng’andu Consulting Limited	Contract law
Hlezipe assisted on a matter involving a a statutory body that regulates engineering professionals, engineering units and engineering organisations in Zambia. It is made up of 3 statutory organs. One of these is the Disciplinary Committee, which receives and hears complaints arising from misconduct or breaches of the code of conduct by engineering professionals, engineering units and engineering organisations. The Client received a complaint from a member of the public who engaged WBHO Construction Zambia Limited to construct his house. His grievance presented to the Disciplinary Committee was that WBHO, as his contractor, did not staff the project with qualified personnel, or that where they were qualified, they were not registered with the Client to practice engineering. WBHO raised an issue before the Disciplinary Committee, contending that since no statutory instrument had been promulgated under the enabling legislation of the Disciplinary Committee, it could not sit to determine the complaint. When the Disciplinary Committee rendered its decision dismissing the preliminary issue, WBHO appealed to the High Court.	Engineering Institution of Zambia	Litigation
Hlezipe assisted on a matter involving a mortgage action brought by the Zambia National Commercial Bank Plc (“ZANACO”). The crux of the matter revolves around a facility extended by ZANACO to Elite Industries Limited in 2020, totalling US$ 12 000 000. As part of the security arrangements for this facility, a legal mortgage was given over property owned by the 4th Defendant, Infinity Group Zambia Limited, among others. Following default by the Client on its obligations, ZANACO exercised its right to appoint a Receiver, who subsequently took possession of the mortgaged property. Consequently, ZANACO initiated foreclosure proceedings on the same property while the Receiver was in possession. This dispute holds significance as it concerns the fundamental right of borrowers to redeem a mortgage. Additionally, it addresses concerns surrounding the oppressive conduct of lenders, particularly in cases where they pursue multiple remedies concurrently to enforce security.	Elite Industries Limited	Dispute Resolution
Hlezipe assisted a multi-national mining and metals processing group with a primary listing on the Johannesburg Stock Exchange and secondary listing of American Depositary Receipts (ADRs) on the New York Stock Exchange (NYSE) in the United States of America, though their South African legal counsel Webber Wentzel in respect of the Client’s potential acquisition of Mopani Copper Mines Plc (“Target Company”) from ZCCM IH Plc. The deal was managed by Rothschild & Co as corporate advisor. The Target Company is one of the biggest copper mines in Zambia operating in Kitwe and Mufulira districts of the Copperbelt Province in Zambia, Her role involved undertaking a legal due diligence on the Target Company and thereafter prepare transaction documents in respect of the Proposed Transaction including the Investment Agreement, Offtake Agreement and Shareholders Agreement. She also advised the Client on various methods to protect its investment in the country. Unfortunately, the Client did not succeed with the acquisition and the mine has since been acquired by a Saudi owned company. .	Sibanye Stillwater Limited	Mergers and Acquisitions

During her time with MAY and Company she has acquired valuable experience in an array of subject matters, including commercial and corporate, mergers and acquisitions, real property and dispute resolution. On the commercial front, she has advised on merger and acquisition transactions, provided corporate advisory services to numerous clients, assisted in the preparation and review of commercial documents used in various commercial businesses as well as assisted in acquisition of real properties. Hlezipe has also assisted various clients in litigious matters and has played a valuable role in their progression and conclusion. In terms of business development, Hlezipe Alexis has also provided trainings to the firm’s clients which have included corporate law and employment law.

Deal/Matter Description	Client	Practice Area
Mark acted on the transaction involving MTN Group, one of the biggest mobile network operators in Africa. The landmark transaction involved the hiving off and disposal of MTN Zambia’s fibre assets to a separate entity, the Client, whose sole business would be that of providing fibre connectivity. The entire separation and disposal of the fibre assets in Zambia were implemented. The following were drafted: the sale/transfer agreement and ancillary agreements, such as novation deeds to effect the transfer of the fibre customers from MTN Zambia to the Client collation of conditions precedents until completion of the transaction. The is the first of its kind in Zambia pursuant to which an entity is specifically created to provide fibre connectivity exclusively, not only in Zambia but across the African continent, as the entity is now also licenced to transmit fibre capacity outside Zambia. Accordingly, the establishment of a fibre capacity entity and the transfer of fibre assets into such entity allows the transportation of digital capacity across borders, enabling businesses, individuals and communities to thrive in the digital era.	Bayobab Zambia	Telecommunications Law and Mergers and Acquisitions
Mark assisted the Client in an action against Milingo Lungu (the former provisional liquidator) and Lungu Simwanza & Company (collectively referred to as the “Respondents”). The Client stands as one of the foremost players in Zambia’s mining landscape, solidifying its position as one of the country’s largest and most influential mining companies. As a subsidiary of Vedanta Resources Limited, a globally recognised natural resources conglomerate headquartered in India, the Client operates a network of mines and processing facilities primarily situated in the Copperbelt region of Zambia. The company’s flagship assets include the Konkola Mine, renowned for its depth and scale, alongside the Konkola Deep Mining Project (KDMP), emblematic of the Client’s commitment to innovation and expansion within the industry. Through its strategic operations, the Client significantly contributes to Zambia’s copper production, bolstering the nation’s stature as a leading copper producer in Africa. The client’s prominence underscores its pivotal role in shaping the trajectory of Zambia's mining sector, serving as a cornerstone of economic growth and development in the region.	Konkola Copper Mines Plc (in liquidation)	Corporate governance
Mark the Client who runs a tourism enterprise in the Kafue National Park called Ila Safari Lodge. By a policy of insurance between the Client and Nico Insurance Zambia Limited (“Nico Insurance”) under which in consideration of premiums paid and to be paid upon the terms agreed by the Client, Nico Insurance agreed to insure the Client against property being destroyed or damaged through fire (the "Fire Policy") as well as business interruption insurance with the limit of liability agreed at USD 1 817 300 for each and every loss. The Client suffered property and business interruption loss covered under the Fire Policy but the insurer only partly paid, and took its time to process the claim. They commenced an action seeking damages asserting the Client’s claimed value, and damage for delay. The case seeks to improve processing of insurance claims by bringing in a time factor to payment of a claim, even where the underlying policy does not expressly stipulate a time period. The delay in paying, has been presented as linked to the business interruption claim, in order to extend the policy period beyond 1 year, for as long as payment is not made.	Green Safaris Zambia Limited	Commercial law
Mark assisted as advocate of record to protect the interests of Makuku Farms Limited (“Client”) ensuing from the Client’s purchase of a farm from beneficiaries of a deceased’s estate who died intestate. Upon purchasing the farm, the Client spent a decade developing the farm and improving it with a total investment of US$5 000 000. Internal wrangles amongst extended family members of the deceased led to some of them being disgruntled. It is not clear at this stage who amongst the disgruntled is properly to be considered a beneficiary under the laws relating to intestacy. Nevertheless, the disgruntled unsuccessfully sought to nullify the sale in previous court actions even though it did not affect their alleged share of the deceased’s estate. They subsequently made an application for probate over the same estate, which is already being administered pursuant to a grant from the High Court. Upon learning of this, Mulopa’s role was to ensure that the Client joins the action so that it is heard on the question of whether the High Court should issue another grant. Ultimately, they advanced the position that any grant should be “save and except” the sale of the farm that has already taken place. In addition, they urged the court to uphold the general principle of finality in estate administration and distribution of the deceased’s estate and that where the grant is revoked or varied, any sale of land by the current administrators is valid regardless of the revocation or variation. To this extent, if the disgruntled are granted letters of administration, they should be estopped from interfering with the farm that has already been bought by the Client.	Makuku Farms Limited	Litigation Probate and Succession
Mark assisted as advocates of record for the Client in a mortgage action brought by the Zambia National Commercial Bank Plc (“ZANACO”). The crux of the matter revolves around a facility extended by ZANACO to Elite Industries Limited in 2020, totalling US$ 12 000 000. As part of the security arrangements for this facility, a legal mortgage was given over property owned by the 4th Defendant, Infinity Group Zambia Limited, among others. Following default by the Client on its obligations, ZANACO exercised its right to appoint a Receiver, who subsequently took possession of the mortgaged property. Consequently, ZANACO initiated foreclosure proceedings on the same property while the Receiver was in possession. This dispute holds significance as it concerns the fundamental right of borrowers to redeem a mortgage. Additionally, it addresses concerns surrounding the oppressive conduct of lenders, particularly in cases where they pursue multiple remedies concurrently to enforce security. In this instance, ZANACO’s actions of simultaneously seeking foreclosure on a property that is under the possession of a Receiver it appointed, thereby impeding the Defendants’ ability to generate income for repaying the facility, raise pertinent legal and ethical questions. They were able to secure an order from the Court extending the time to redeem the mortgage.	Elite Industries Limited	Dispute Resolution
Mark assisted on a matter involving the Client and 4 others in a mortgage action brought by Access Bank Limited (“Access Bank”). The facts are that sometime in 2014, the Client obtained loan facilities totalling ZMW16 000 000 (approximately US$ 3 200 000 at the time the loan was contracted) from Access Bank and Cavmont Bank Zambia Limited (“Cavmont”) (which was later acquired by Access Bank). Additionally, the Client entered into various overdraft facilities with Access Bank. During the process of amalgamation between Access Bank and Cavmont, several irregularities and discrepancies emerged, particularly concerning the calculation of interest on the loan agreements. Despite repeated efforts to rectify these discrepancies, they persist unresolved. Access Bank has now initiated legal proceedings, claiming various sums allegedly owed under the loan agreements. The Client asserts that it has already remitted more the USD 3 200 000 over the years to Access Bank, notwithstanding the unresolved irregularities regarding interest calculations. The Client thus contends that it has settled its indebtedness. This dispute holds significant legal and financial implications as it underscores the imperative of safeguarding borrowers’ rights against oppressive lenders.	Natural Valley Limited	Dispute Resolution
Mark assisted on a matter involving three inter-related court actions commenced against our Client by an aggrieved shareholder of the Company (the “Plaintiff”). The first action involved the Plaintiff commencing an action against our Client for an order to render an account of all the monies received on behalf of the Company and a 33.34% of shares in another company owned by the Client. The second action was commenced by the Plaintiff against our Client to have the Company wound up. The third action was commenced again at the behest of the Plaintiff seeking an order to join the Client’s business partners (who are his sons) and also to attempt to sue our Client on behalf of the Company. They raised preliminary issues on a point of law to have the third action dismissed on a technicality as the Plaintiff had not obtained leave to sue on behalf of the Company. The Judge agreed with them and dismissed the action. In the second action they applied to have the winding up petition struck out as an abuse of court process. The Court ultimately dismissed the winding up petition as an abuse of Court Process. The three matters are currently pending on appeal in the Court of Appeal. These matters are inter-related and are important because they managed to reduce the exposure of the Client against a relentless litigant where the potential exposure for the client was US$ 10,000,000 to US$ 12,000,000. The Company is a family company which also employs many people and is the backbone of the community by having matters dismissed they ensured the Company is still operating and a source of income for the community.	BL and D Plant Hire and Sales Limited	Dispute Resolution

During his time with MAY and Company, Mark has acquired valuable experience in an array of subject matters including commercial and corporate law, mergers and acquisitions, real property, mining, information and communication technology and general corporate advisory. On the commercial front, Mark has advised on merger and acquisition transactions, provided corporate advisory services to numerous clients, assisted in the preparation and review of various commercial documents, assisted various clients in acquiring real properties, as well as advised on the requirements and assisted clients in obtaining regulatory approvals, consents, licenses, certificates and permits for their businesses.

Meet The Team

- Embracing Innovation-

Mulopa Ndalameta

Chanda Musonda

Harriet A. Mdala

Yosa G. Yosa

Maloba Nalomba

Chilufya Sinkala

Hlezipe Halwiindi

Mark Chomba

Hellen Chileshe

Natasha Lungu

Samuel Muleya

Celia Sekani Nyirenda

Grace Banda

Harvey Bwalya

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Meet The Team

- Embracing Innovation-

Mulopa Ndalameta

Matter Experience

AREAS OF EXPERTISE:

EXPERIENCE:

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Chanda Musonda

Matter Experience

EDUCATION AND PROFESSIONAL COURSES:

Harriet A. Mdala​

Transactional Experience

Yosa G. Yosa

Transactional Experience

Maloba Nalomba

Chilufya Sinkala

Transactional Experience

Hlezipe Halwiindi

Transactional Experience

Mark Chomba

Transactional Experience

Hellen Chileshe

Transactional Experience

Natasha Lungu

Samuel Muleya

Celia Sekani Nyirenda

Grace Banda

Harvey Bwalya

Call Us

+260 211 250 580

Get Your First Consultation Now

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Harriet A. Mdala