Mr Mulenga Chiteba > Mulenga Mundashi Legal Practitioners > Lusaka, Zambia > Lawyer Profile

Mr Mulenga Chiteba

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Work Department

Mulenga Mundashi Legal Practitioners

Position

Partner

Career

Mulenga Chiteba has more than 16 years progressive experience as a lawyer and has been a partner at MMLP since 2014. He is a Member of the Chartered Institute of Arbitrators and an accredited Insolvency Practitioner. In 2012 he attended the Euromoney Summer School on International Financial law and has also undergone capital markets and investment advisory training with the Lusaka Stock Exchange, the Securities and Exchange Commission and Zambia Insurance Business College Trust. Mulenga is a member of the Law Association of Zambia and the International Bar Association.

Mulenga has expertise in both transactional work and disputes with a principal client focus on commercial dispute resolution and corporate and tax advisory. He also heads the firm’s tax and regulatory compliance practice group which also encompasses all areas of regulatory compliance including competition, data protection and ESG.

Mulenga has been at the front end of advising clients on transfer pricing audits arising out of the 2018 Transfer Pricing Regulations and in successfully objecting to several high value assessments issued by the Zambia Revenue Authority against large taxpayers. He has considerable experience before the Tax Appeals Tribunal, arbitral tribunals and the superior Courts in Zambia.

Recent work has included advising to Kalumbila Minerals Limited, a subsidiary of First Quantum Minerals (“FQM”) in relation to a USD7.6 billion tax assessments by the Zambia Revenue Authority and challenging the same;

Advising Liebherr Zambia Limited, a subsidiary of Liebherr international Limited, in relation to a transfer pricing audit assessment by the Zambia Revenue Authority;

Advising Nampak Zambia Limited, a subsidiary of Nampak international Limited, in relation to a transfer pricing audit assessment by the Zambia Revenue Authority;

Advising Parmalat Africa Limited, the principal shareholder in Parmalat Zambia Limited on the tax implications of shifting its corporate seat from Mauritius to Italy;

He was a key member of the team acting as lead local Counsel to the International Finance Corporation (“IFC”) on the ZMW200,000,000.00 Medium Term Note issue by Bayport Financial Services Limited onto the Zambian stock market through the Lusaka Stock Exchange;

Led the team within the firm that acted as advisors to QG Hotel Group L.P in the acquisition of controlling shareholding in Marasa Holdings Limited, the erstwhile owner of the Hotel Intercontinental in Lusaka;

Mulenga was also a key member of the team that was engaged as legal consultants to analyse, review and harmonise financial sector laws for the Government of the Republic of Zambia through the Bank of Zambia relating to Companies Legislation, Insurance Legislation, Banking and Financial Sector Legislation, Pension Scheme Authority Legislation, Insolvency legislation and the Securities (Amendment) Legislation;

Mulenga has acted as counsel for Madison Investment Property and Advisory Co. Limited in relation to a dispute on aspects of corporate legal personality. A matter which has become one of the latest selected supreme court judgments to clarify principles of corporate legal personality and piecing of a corporate veil under Zambian law;

He acted as Counsel for Armcor Security Limited in an action where the Supreme Court set the precedent on the power of the Tax Appeals Tribunal to stay tax assessments issued by the Zambia Revenue Authority, otherwise known as the “pay now and argue later” principle;

He acted as counsel for Zambia Telecommunications Company Limited in a claim for wrongful dismissal. This was one of the first decisions by the Court of Appeal and clarified the principles on penal provisions in employment contracts; and

Lastly, he has as Counsel for Madison General Insurance in a matter before the Supreme Court wherein the court clarified the principles on the liability of insurance companies for third party claims for consequential loss.

Languages

English, Bemba

Memberships

Law Association of Zambia

International Bar Association

Chartered Institute of Arbitrators

Education

LLB (University of Zambia)

Master of Laws (LL.M) Tax and Commercial Law (University of London)

Advocates Practicing Certificate (Zambia Institute of Advanced Legal Education, Lusaka, Zambia)