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Firm Overview

When it comes to investing or doing business in Africa, Emery Mukendi Wafwana & Associates is the international law firm upon which many investors and businesses rely for the efficient execution of their projects.

For the past 20 years, we have been offering our clients expert legal services that meets best international standards in the following areas: natural resources; energy and infrastructure; investments, trade and industry; banking and insurance; family; as well as litigation and arbitration.

With our multicultural teams of diverse backgrounds and multidisciplinary training, and with our dynamic structures and substantial legal expertise, we efficiently advise and assist our clients (SMEs, big companies, investors, international financial institutions, public and private companies, international law firms and government agencies) in various projects in Africa. Our strategic presence in the world, and particularly in Africa grants proximity and efficiency. We are proactive in our services and we pay premium attention to every detail in managing the interest of our clients. Our strategic presence has been the results of a development plan implemented as part of our constant efforts to meet the growing and dynamic needs of our clients who require legal assistance in the various major business centers as well as locations from where their projects are implemented in Africa. Our offices in New York (USA), Johannesburg (RSA), Kinshasa, Lubumbashi, Matadi (DRC), and Brazzaville (Republic of Congo), are always on call to meet these needs.

We also work to meet the needs of our clients through a network of partner law firms. Subject to our professional responsibility we team up under such arrangements in order to efficiently assist our clients in member countries under the Organization for the Harmonization in Africa of Business Law (OHADA), the West African Economic and Monetary Union (WAEMU/UEMOA), the Economic and Monetary Community of Central Africa (CEMAC), and the Southern African Development Community (SADC).

 

Lawyers

 

Emery Mukendi Wafwana, Founding Partner

Admitted to the Bar of Kinshasa/ Gombe (1995) and Lubumbashi (2011), a Certified mining and quarries agent (2003), a Certified intellectual property agent (2011) and a Legal consultant in New York (2010). Mr. Emery Mukendi Wafwana is the founding partner of the law firm Emery Mukendi Wafwana & Associates established 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 a law degree in economic and social law from the University of Kinshasa since 1993. He speaks French, English, Lingala and Tshiluba.

Degree in economic and social law from the University of Kinshasa Specializes in: Mining and hydrocarbon law | Electrical power law | Energy law | Investment law | Corporate law | Aviation law | OHADA law | Intellectual property law | Legal evaluation of projects | Litigation Achievements : International “Who’s Who Legal of Mining Lawyers 2012” as a legal expert in mining law. 

Edmond Cibamba Diata, Managing partner

Admitted to the Bar of Kinshasa/Matete (2001), a Certified mining and quarries agent (2003), Senior Lecturer at the Law School of the University Libre of Kinshasa (2003) and a Foreign Legal consultant in Johannesburg (2010). Mr. Edmond Cibamba Diata is a partner and the managing partner of the Cabemery and Partners (PTY) Ltd. in Johannesburg. He joined the law firm Emery Mukendi Wafwana & Associates in 2002. His areas of practice cover mining and hydrocarbon law, corporate law, OHADA law, tax law, legal evaluation of projects, labor law, insurance law and litigation. Mr. Edmond Cibamba Diata holds a degree in economic and social law from the University Libre of Kinshasa since 1995. He also holds a degree in economic development and a degree in insurance law from the same University since 2007. He is currently doing his Doctoral Studies in tax law at the University of Kinshasa. He is also Senior Lecturer at the Law School of the University Libre of Kinshasa where he teaches tax and mining Law since 2003. He speaks French, English, Tshiluba, Lingala and Swahili.

Degree in economic and social law, economic development and a degree in insurance law from the University Libre of Kinshasa Specialises in: Mining and hydrocarbon law | Corporate law | OHADA law |Tax law |Legal evaluation of projects |Labor law |Insurance law and litigation.


Eugenie Elanga Monkango, Managing partner

Admitted to the Bar of Kinshasa/Gombe (1997), a Certified mining and quarries agent (2003), a Certified intellectual property agent (2011). Ms. Eugénie Elanga Monkango is a partner and the managing partner of the Kinshasa office. She joined the law firm Emery Mukendi Wafwana & Associates in 1998. Her areas of practice cover mining and hydrocarbon law, OHADA law, corporate law, investment law, intellectual property law, legal evaluation of project, labor Law, land and real estate law, maritime law, family law, and litigation. Ms. Eugenie Elanga Monkango holds a law degree in economic and social law from the University of Kinshasa since 1993. She speaks French, Lingala and Kikongo.

Degree in economic and social law from the University of Kinshasa Specialises in: Mining and hydrocarbon law | OHADA law | Corporate law | Investment law | Intellectual property law | Legal evaluation of projects | Labor Law | Land and real estate law | Maritime law | Family law | Litigation.

 

Jose Ilunga Kapanda, Partner

Admitted to the Bar of Kinshasa/ Gombe (1996), a Certified mining and quarries agent (2003), a Certified intellectual property agent (2011). Mr. José Ilunga Kapanda is a partner and joined the law firm Emery Mukendi Wafwana & Associates in 1999. His areas of practice  covers mining and hydrocarbon law, OHADA law, general commercial and corporate law, transport and aviation law, tax   law and litigation. Mr. José Ilunga Kapanda holds a law degree in private and procedural law from the University of Kinshasa since 1993. He speaks French, English, Lingala and Tshiluba.


Degree in private and procedural law Specialises in: Mining and hydrocarbon law | OHADA law | General commercial and corporate law | Transport and aviation law | Tax law | Litigation

Firm Highlights

 
Significant marketplace recognition include:

Corporate International Legal Awards 2010 Winner of Corporate Law Firm of the Year
Corporate International Legal Awards 2011 Winner of Corporate Law Firm of the Year in the Democratic Republic of Congo
Who’s Who Legal Nomination of Managing Partner in 2012 and 2013.

 

Significant cases include:

Advised and assisted a Canadian company in the conversion of its exploration permit into an exploitation permit for the Kamoa Project representing an investment of US$ 930,000,000.

Conducted due diligence, advised and assisted a Canadian Company in respect of the acquisition of the Kipushi Mine valued at US $200,000,000.

Advised and assisted an Australian mining company in the acquisition of gold and silver projects in the Province of Moku, DRC.

Advised and assisted British Island Mining Company in its acquisition of 17 exploration permits in Katanga, DRC which included assisting, drafting and registering the assignment deeds for the exploration permits.

Advised and assisted Jersey Company in their negotiation with the Minister of Mines to obtain authorization to export minerals outside of the DRC.

Acted as the legal counsel and assisted a U.S Financial Institution in connection with a US$5 Million loan made to a foreign investor for the purchase of a manganese mines in Burkina Faso and Mali.

Assisted an American investment bank with legal advice on the legal capacity of a Congolese company to issue bonds for the investment financing of USD 600 million in the Republic of Congo

Legal assistance was provided by our team to an international Bank as Mandated Lead Arranger, Settlement Agent and Documentation Bank for a USD200 Million Reserve Based Loan Facility for a company on the Block Marine oil tanker XII in the Republic of Congo

Legal assistance was provided by our team to a Turkish bank in the negotiation and signing of the 197 494 152 Euros Credit Agreement for the financing of the business centre in Congo

Legal assistance was provided by our team in respect of the MOU and financing agreement for the rehabilitation and operation of a railway section between a state-owned entity and a large mining company.

Assistance was given by our team to an African international bank in financing a transaction in the form of credit lines granted to an African multinational group in the telecommunica­tions sector

Assisted and advised an African government and a state-owned company against vulture funds in Hong Kong and China for a transaction valued at US $175,000,000

Assisted and advised an African head of state and his Ministry of Foreign Affairs against an American family in South Carolina

Assisted and advised an African government and a central bank against a multinational company in a contract dispute in the value of US $24,000,000 before the Federal Court of the District of Columbia (Washington, D.C.) in the United States of America

 

Strategic associations/memberships include:

International Association of Lawyers (UIA)
The International Bar Association (IBA)
The New York City Bar Association (NYCBA)
The International Law Firm (ILF)
The New York County Lawyers’ Association (NYCLA)
The International Association of Young Advocates (AIJA)
The American Bar Association (ABA)
The International Conference of Common Tradition Bars (CIB).
In South Africa, some of our lawyers are also members of the Law Society of Northern Provinces, theGauteng Law Council, and the Black Lawyers Association.

Practice Areas

NATURAL RESOURCES

The exploration and exploitation of Africa’s natural resources attracts more and more international or foreign direct investments. This has continually led African countries to establish, revise and reform their legal and regulatory frameworks in mining, hydrocarbons, forestry, agriculture as well as other sectors. Our lawyers and consultants have a perfect understanding and the requisite knowledge, and they demonstrate the highest levels of proficiency in their respective areas of practice and expertise dealing with legal issues and challenges related to:

  • Mining Law
  • Hydrocarbons Law
  • Forestry Law
  • Agricultural Law
  • Environmental Law
  • Water Resources Law

 

BANKING AND INSURANCE

It is well established today that the African financial sector experiences an exponential growth largely contributed by regional, pan-African and foreign financial groups. Africa is a large market for the financial sector, especially for banking and insurance businesses, which are constantly regulated by a country or groups of countries (CEMAC, WEAMU/UEMOA and SADC). Our lawyers and consultants are constantly up-to-date in their practices and very much attentive to the changes in the legal and regulatory frameworks in these sectors in order to provide best suited legal advice to investors and businesses in areas, such as:

  • Banking Law
  • Insurance Law
  • Exchange Regulation

 

INFRASTRUTURES

The prospect of a significant increase in foreign investments in Africa leads African countries to, individually or collectively, make more progress in the energy, transportation, telecommunications, infrastructure and other sectors. The objective pursued by these countries is to reduce the costs of production and improve their competitiveness to attract the flow of foreign direct investments toward the African continent.

New policies and strategies as well as scaled up infrastructural development programs are being regularly implemented through laws and regulatory reforms as well as the formation of public-private partnership agreements. The implementation of these legal instruments raises major legal challenges that drives our lawyers and consultants, to keep up with daily major developments in legislative and regulatory environments as well as contractual practices.

Owing largely to meticulous research, we are able to address the needs of our national and international clients with regard to their investments or financing of projects in Africa. In their respective fields of practice and expertise, our lawyers and consultants actively intervene in legal matters related to:

  • Electric Energy Law
  • Telecommunications and ICT Law
  • Transportation Law
  • Land and Property Law

 

LITIGATION & ARBITRATION

Since arbitration has now become the standard for the settlement of international disputes, beyond their role as attorneys, most of our lawyers and consultants practice litigation and arbitration in their respective jurisdictions. We have a good reputation in representing our clients in amicable or judicial settlement of disputes arising from contracts or the enforcement of laws and regulations. Our lawyers and consultants assist and represent our clients in all matters before courts and tribunals, including the courts of last resort or Supreme Courts.

Our lawyers and consultants advise and assist our clients in the drafting of arbitration conventions as well as represent them before the local and international courts. Our lawyers and consultants have had the privilege to represent some of our clients before the arbitration tribunals of the International Court of Arbitration in Paris, the arbitral tribunal and the ad hoc committee of the International Center for Settlement of Investment Disputes (ICSID), as well as the arbitrations governed by the arbitration rules of the Common Court of Justice and Arbitration (CCJA).

 

INVESTMENT, TRADE & INDUSTRIES

Most African countries aim to become emerging countries in the next two decades. Many of them are diversifying their economies by turning to the manufacturing industry and tourism. African countries regularly organize and revise their legal, fiscal and customs frameworks to make them favorable to investments in certain industries and specific businesses.

Abundant investment opportunities in the African continent where the economic, financial and monetary institutions have an impact on the legal environment of businesses, require an effective legal assistance concerning projects and commercial transactions that are done. This is a permanent preoccupation of our lawyers and consultants who constantly follow up, in their areas of practice and expertise all the developments in legislations, regulations and jurisprudence related to:

  • General Business Law:
  • Company Law
  • Intellectual Property Law
  • Labor and Social Security Law
  • Security Law
  • Tax and Customs Law
  • Business Contracts
  • Legal Evaluation of Projects
  • Public Procurement Law