
MAY & Co.
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About
MAY and Company provides expert legal services to businesses, entrepreneurs, and corporate clients in Zambia. MAY and Company's practice areas include arbitration, business formation, mergers and acquisitions, corporate governance, compliance, employment, data privacy, risk management, due diligence, competition and consumer protection, forensics, insolvency, mining and natural resources, energy and projects infrastructure, construction, real estate, banking and finance, telecommunications, media and technology, private equity, environmental, social and governance (ESG), and public procurement.
Practice Areas
MAY and Company excels in the following core practice areas:
- Arbitration
- Dispute Resolution
- Business formation and Structuring
- Mergers and Acquisitions
- Corporate Governance and Compliance
- Employment and Labour Law
- Regulatory Compliance and Government Relations
- Data privacy and cybersecurity
- Risk Management and Due Diligence
- Competition and Consumer Protection
- Forensics
- Insolvency
- Mining and Natural resources
- Energy and projects infrastructure and construction
- Real estate
- Banking and Finance
- Telecommunications, media and Technology
- Private equity
- Environmental, Social and Governance
- Public procurement
Work Highlights
The firm's recent work underscores its capabilities in complex transactions and high-stakes litigation:
- We acted in a landmark transaction involving the MTN Group, one of the biggest mobile network operators in Africa. The transaction involved the hiving off and disposal of MTN Zambia’s fibre assets to a separate entity.
- We acted as advocates of record for Africa Opportunity Fund LP & Africa Opportunity Cayman Limited, investment firms trading on the London Stock Exchange's specialist fund market, in an arbitration with Shoprite Holdings Limited (“Shoprite Holdings”).
- We acted as advocates of record for Konkola Copper Mines (KCM) in a legal action against former Provisional Liquidator Milingo Lungu and Lungu Simwanza & Company (the “Respondents”). KCM sought to recover over USD 81,000,000 that the liquidator had paid himself beyond the legal limits, as well as damages caused by his actions.
- We acted as lead Zambian counsel in the joint venture between Qatar Investments Authority and Enel Green Power for Ngonye Power Company Limited, which operates a 34MW solar plant in Zambia. This involved conducting due diligence, reviewing the legal standing and compliance of Ngonye, and assessing key project agreements.
- We advised Standard Chartered Bank, acting as Intercreditor Agent, on Maamba Collieries Limited’s plan to restructure its tariff arrangements with Zambia Electricity Supply Corporation Limited (ZESCO).This included advising on Zambian regulatory requirements, MCL’s proposal to sell excess power to the Southern African Power Pool (SAPP), and the applicable requirements for selling electricity to SAPP.
Key Clients
MAY and Company is proud to represent a diverse and distinguished clientele, including:
- Multichoice Zambia Limited
- Vivo Energy Zambia Limited
- BL & D Plant Hire and Sales Limited
- The Nature Conservancy
- Fraser Alexander Zambia Limited
- Freddy Hirsch Group Limited
- BDO Zambia Limited
- White Orchid Investment Limited
- Bolabet Sports Betting
- Pick N Pay Zambia Limited
- Izwe Loans
- British American Tobacco
- LOLC Finance Zambia
- TotalEnergies
- The Engineering Institution of Zambia
- Cavendish University Zambia
- Inchcape Kenya
- National Pension Scheme Authority
- Goviex uranium
The Partners
MAY and Company's success is driven by the exceptional talents of its four partners:
- Mulopa Ndalameta(Managing Partner): An experienced commercial dispute resolution partner and member of the International Court of Arbitration (“ICC”).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.
- Chanda Musonda: Chanda is known to clients for her expertise in banking & finance, project finance and capital markets.Chanda’s clients include local banks and financial institutions, notable international DFIs, telecoms operators including MNOs, ISPs and data center providers.
- Harriet A. Mdala: Harriet has extensive experience in corporate and commercial law in Zambia, particularly in the energy, infrastructure, and extractive sectors.Harriet offers strategic guidance on regulatory compliance, projects, and contracts in the energy and infrastructure sectors.
- Yosa G. Yosa: A seasoned litigator and has acted for various clients on private and public law dispute resolutions including valuable expertise in litigation. His practice also includes providing corporate and commercial advice to clients on commercial, construction, public law, competition, forensics, insolvency and employment matters.
- Maloba Nalomba: Maloba is 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.
Staff Figures:
Partners: 5
Associates: 5
Trainees: 7
Office:
759 Independence Avenue, Glass House, Woodlands Roundabout, Lusaka, Zambia. Tel: +260 211 250 580.
Ranked Offices
Provided by MAY & Co.
- LusakaGlass House, 759 Independent Avenue, Woodlands Roundabout, Woodlands , Lusaka, Lusaka, Zambia
- Web: mayandco.law
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Articles, highlights and press releases
10 items provided by MAY & Co.
Minister's address outlines investment opportunities in Zambia's energy sector amid challenges
Zambia's energy deficit highlights the need for investment in power generation and infrastructure. With effective policies, investment incentives, and public-private collaborations, the country has the potential to transform its energy sector and address its energy challenges.
Mandatory procedures for terminating employment after failed probation: Insights from a case
Before terminating an employee for unsuccessful probation, an employer must follow a four-stage inquiry. The Saviours Mundia case, a High Court decision, is not binding on other judges or superior courts and may be overturned on appeal. However, it provides current guidance on employment termination
Mining Series: Strategic Vision for Growth and Sustainability
The Minister of Mines outlined Zambia's plans for the mining sector, including international partnerships, resource exploration surveys, legislative reforms, and support for artisanal and small-scale mining. These initiatives aim to boost the mining sector's economic contribution.
Mining Series: The Role of the Minerals Regulation Commission in Zambia's Mining Sector
The Mines and Minerals Development Act, 2015, is currently in force, with mining rights regulated by various directors. However, the Minerals Regulation Commission Act, 2024, will centralize regulatory functions under the MRC, expected to commence by the end of Q1 2025, improving efficiency.
Mining Series: Mining Rights and Surface Rights in Zambia
The distinction between mining and surface rights is vital for Zambia’s resource management. The Mines Act balances the interests of mining rights holders and landowners, and addressing challenges from this distinction is key to promoting smoother investment in the country's mining sector.
Accessing Surface Rights Under Zambia's Mines Act, 2015: Arbitration & Unreasonable Consent Withhold
Navigating surface access under the Mines Act requires mining rights holders to secure landowner consent. Arbitration provisions help resolve unreasonable withholding of consent. Recent judicial rulings emphasize the Director's role in assessing consent before Court intervention.
Zambia's Green Economy & Climate Change Bill 2024 domesticates UNFCCC & Paris Agreement provisions.
The Bill will align Zambia’s legal framework with global climate commitments, but its impact hinges on effective implementation. Enactment alone won’t guarantee compliance—it remains to be seen whether necessary steps will be taken to enforce its provisions.
A Review of the Public-Private Partnership (General) Regulations
The PPP Regulations in Zambia introduce key changes, including a set timeframe for forming a project implementation team and new requirements for unsolicited proposals to ensure transparency. However, the added procedural steps for amending PPP agreements could increase administrative burdens.
Operationalisation of the Open Access Regulation
The Zambian government enacted the Electricity (Open Access) Regulations on 19 July 2024, allowing qualified participants to access the transmission system. Issues like pricing methodology and guidelines need resolution.
Review of the Minerals Regulation Commission Bill
The Minerals Regulation Commission Bill (2024) aims to modernize Zambia’s mining sector by establishing a dedicated regulatory body. It increases local mining rights, encourages partnerships with artisanal miners, mandates insurance, updates royalty rates, and enhances citizen participation.
Minister's address outlines investment opportunities in Zambia's energy sector amid challenges
Zambia's energy deficit highlights the need for investment in power generation and infrastructure. With effective policies, investment incentives, and public-private collaborations, the country has the potential to transform its energy sector and address its energy challenges.
Mandatory procedures for terminating employment after failed probation: Insights from a case
Before terminating an employee for unsuccessful probation, an employer must follow a four-stage inquiry. The Saviours Mundia case, a High Court decision, is not binding on other judges or superior courts and may be overturned on appeal. However, it provides current guidance on employment termination
Mining Series: Strategic Vision for Growth and Sustainability
The Minister of Mines outlined Zambia's plans for the mining sector, including international partnerships, resource exploration surveys, legislative reforms, and support for artisanal and small-scale mining. These initiatives aim to boost the mining sector's economic contribution.
Mining Series: The Role of the Minerals Regulation Commission in Zambia's Mining Sector
The Mines and Minerals Development Act, 2015, is currently in force, with mining rights regulated by various directors. However, the Minerals Regulation Commission Act, 2024, will centralize regulatory functions under the MRC, expected to commence by the end of Q1 2025, improving efficiency.
Mining Series: Mining Rights and Surface Rights in Zambia
The distinction between mining and surface rights is vital for Zambia’s resource management. The Mines Act balances the interests of mining rights holders and landowners, and addressing challenges from this distinction is key to promoting smoother investment in the country's mining sector.
Accessing Surface Rights Under Zambia's Mines Act, 2015: Arbitration & Unreasonable Consent Withhold
Navigating surface access under the Mines Act requires mining rights holders to secure landowner consent. Arbitration provisions help resolve unreasonable withholding of consent. Recent judicial rulings emphasize the Director's role in assessing consent before Court intervention.
Zambia's Green Economy & Climate Change Bill 2024 domesticates UNFCCC & Paris Agreement provisions.
The Bill will align Zambia’s legal framework with global climate commitments, but its impact hinges on effective implementation. Enactment alone won’t guarantee compliance—it remains to be seen whether necessary steps will be taken to enforce its provisions.
A Review of the Public-Private Partnership (General) Regulations
The PPP Regulations in Zambia introduce key changes, including a set timeframe for forming a project implementation team and new requirements for unsolicited proposals to ensure transparency. However, the added procedural steps for amending PPP agreements could increase administrative burdens.
Operationalisation of the Open Access Regulation
The Zambian government enacted the Electricity (Open Access) Regulations on 19 July 2024, allowing qualified participants to access the transmission system. Issues like pricing methodology and guidelines need resolution.
Review of the Minerals Regulation Commission Bill
The Minerals Regulation Commission Bill (2024) aims to modernize Zambia’s mining sector by establishing a dedicated regulatory body. It increases local mining rights, encourages partnerships with artisanal miners, mandates insurance, updates royalty rates, and enhances citizen participation.