Chambers Review
Provided by Chambers
Chambers Global Guide
General Business Law - Zambia
Individual Editorial
Harriet Mdala Botha is a recognised lawyer who has experience in mergers and acquisitions and project development.
Up and Coming
Provided by Harriet Mdala
-Energy, Infrastructure and Extractives
-Mergers and Acquisitions
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, drawing on her deep understanding of Zambia’s extractive industry to help clients optimize their operations within the Zambian context. She also serves as the key relationship partner for the Zambia Association of Manufacturers (ZAM) and is the President of the French Business Circle.
-French Business Circle
-Law Association of Zambia
-Member of the Local Government Elections Tribunal
-Member of the Zambia Institute of Advanced Legal Education.
-Review of the Minerals Regulation Commission Bill
-Operationalisation of the Open Access Regulations
-Declaration of dividends under the New Zambian Companies Act
-Zambia Real Estate Comparative Guide
-Zambia: Mining Comparative Guide
English
-Harriet 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. Her work involved conducting due diligence, reviewing the legal standing and compliance of Ngonye, and assessing key project agreements.
-Harriet is currently representing a confidential client involved in a proposed infrastructure development project in Zambia. If implemented, this project is expected to be structured as a Build Operate and Transfer – Public Private Partnership (BOT-PPP) with the Road Development Agency of Zambia. The project will include significant upgrades, new construction, and the development of essential facilities, such as toll infrastructure and weighbridges.
-Harriet served as the Zambian law advisor for GED Africa Ltd on the Kasomeno-Mwenda Toll Road and Border Post Project, a cross-border PPP between Zambia and the DRC. This 25-year Build Operate Transfer (BOT) project includes the modernization and construction of a 184km highway, a cable-stayed bridge, border facilities, and a tolling system. The project is still ongoing.
-Currently assisting Viabahn Africa Limited, the lead promoter, as counsel on a public-private partnership project for the construction and development of a road from Mutanda to Kasempa and from Kasempa to Kaoma in Zambia. This role includes reviewing, negotiation and drafting the concession agreement, traffic guarantees, EPC, O&M and all other project documents and advising on local permits, licenses, and regulatory compliance. The project is on-going.
-Harriet advised Power Construction Corporation of China and General Electric on a 2,400MW power station at the Zambia-Zimbabwe border, focusing on public procurement laws and drafting a regulatory framework.
-Harriet advised the Zambia Association of Manufacturers (ZAM) and the Private Partnership Dialogue Forum (PPDF) on the impacts of proposed changes to Zambian labor law, highlighting how these changes would affect the business community. She also recommended reforms to the existing regulatory framework and outlined a methodology for the government to adopt in amending the relevant labour laws.
2023 - Present: Partner, MAY and Company
2022 – Public Private Partnerships and Infrastructure – ALSF
2022 – Bankable Power Purchase Agreements – Hogan Lovell’s
2022 – Power – ALSF
2021 – Public Private Partnerships and Power Projects – Anjawalla & Khanna
2021 – Present: President of the French Business Circle.
2020 – 2023: Partner, Musa Dudhia & Co.
2016 – 2020: Senior Associate, Musa Dudhia & Co.
2011- 2016: Board and company secretary of Barclays Life Zambia
2012 – 2016: Associate, Musa Dudhia & Co.
2015: Placement at Slaughter & May London, England
2014: Secondment, Anjarwalla & Khanna, Nairobi, Kenya
2011 – 2012: Legal Assistant, Musa Dudhia & Co.
-GED Africa Ltd
-Viabahn Africa Limited
-Power Construction Corporation of China and General Electric
-Zambia Association of Manufacturers (ZAM)
University of Zambia
Bachelor of Laws (LLB), Zambia
2007 - 2010
Zambia Institute of Advanced Legal Education
Legal Practitioners’ Qualifying Exam, Zambia
2012 - 2012
Certificate in Legal Project Management
2019 - 2019
IFLR 2021 Rising Partner
Leading Women
2021
Provided by Chambers
Harriet Mdala Botha is a recognised lawyer who has experience in mergers and acquisitions and project development.
Provided by Chambers
She has extensive knowledge and is very professional but at the same time makes you feel at ease. She is a fighter for our rights.
Harriet Mdala Botha has great commercial insight and provides practical advice.
She has extensive knowledge and is very professional but at the same time makes you feel at ease. She is a fighter for our rights.
Harriet Mdala Botha has great commercial insight and provides practical advice.
7 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.
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.
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.
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.
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.