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Corpus Legal Practitioners > Articles posted by admin (Page 4)

Credit Referencing: The permutations of the Court of Appeal Decision in the case of Melissa Supermarket and Another vs. Stanbic Bank Zambia Limited [2022] ZMCA 17 (the “Melissa Decision”)

Authors: Lupiya Simusokwe, Sankananji Mubanga and Salifyanji Simwanza 09 June 2022   Introduction Over the years, varied sentiment has arisen over the establishment and use of credit reference bureaus in Zambia. To one judge, credit reference bureaus represent hidden powers that would be gathering “black information” on individuals and business houses to assist banks and lending institutions to make decisions on whether to lend money. Nonetheless, to some, it is a tool used to determine the credit behaviour of individuals and entities since as they say, “the best predictor of future behaviour is past behaviour”. So then, what is Credit Referencing? Credit referencing is a process...

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Rental Income Tax

Authors: Jacqueline Jhala, Namakuzu Shandavu and Francis Muzimu 08 February 2022   Introduction Following the Minister of Finance pronouncements in his 2021 budget speech, effective 1 January 2022, rental income now falls under the turnover tax regime with the obligation to pay the tax now borne by the landlord and not the tenant unless the tenant has been appointed by the Commissioner-General as a withholding agent. The effect of this tax regime is that it abolishes the payment of withholding tax by tenants for premises that they rent. This article addresses the legal implications the new regime will have on lease agreements that currently...

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ESTABLISHMENT OF THE ECONOMIC AND FINANCIAL CRIMES COURT

Author: Sydney Chisenga, John Chulu Date: 24 January 2021 On the 7th of January 2022, the new Chief Justice of the Republic of Zambia, Honourable Dr. Justice Mumba Malila S.C established a new Division of the High Court, namely, the Economic and Financial Crimes Court (“EFCC”) pursuant to the Economic and Financial Crimes (Division of Court) Order 2022, Statutory Instrument No. 5 of 2022 (“SI No. 5”). [embeddoc url="https://corpus.co.zm/wp-content/uploads/2022/01/ESTABLISHMENT-OF-THE-ECONOMIC-AND-FINANCIAL-CRIMES-COURT-ALERT-revised-final.pdf" download="all"]...

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2022 National Budget opinion piece – TAX INCENTIVES WILL BOOST FOREIGN DIRECT INVESTMENT

10 November 2021 The outbreak of the Coronavirus disease 2019 (Covid-19) was a global public health crisis, that hit the Zambian economy and the world economy hard. We believe that the reintroduction of tax incentives will encourage investment and give investors the necessary relief they need to recover from the disastrous impact of Covid-19. To note further that the Government in its quest to foster entrepreneurship and ensure that Zambian citizens are at the forefront in driving industrialization has reduced the investment threshold for a Zambian citizen operating in the MFEZ and industrial park to USD 50 000.00. Further, the Minister of Finance announced...

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2022 National Budget opinion piece – Mining, Energy and Infrastructure

05 November 2021 “We anticipate that the new Government, following the regime change, will introduce or enhance policy around the following key sectors which are areas of interest for us and our clients: 1. mining - pro investor tax regime and policy framework to unlock prospective investments to target an increase of copper production from about 2,000,000mt to 3,000,000mt and some of these are already reflected in the proposed 2022 budget which removes the thorny issue of non-deductibility of mineral royalty tax against corporate tax; 2. energy – is expected to introduce fundamental reforms that will restructure the fuel supply chain and promote an energy...

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Zambia’s Kafue Gorge Lower

We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of the law and the industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s business. Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives. Ensuring the operational functioning of the organisation, the development of external relations, management of press relations and constant communication with the press....

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The Citizens Economic Empowerment (Transportation of Heavy and Bulk Commodities By Road) (Reservation) Regulations, SI No. 35 of 2021

Author: Jackie Jhala, Mwila Balungu Date: 06 May 2021 The President of the Republic of Zambia, His Excellency Dr. Edgar Chagwa Lungu, signed the Citizens Economic Empowerment (Transportation of Heavy and Bulk Commodities by Road) (Reservation) Regulations, Si No. 35 of 2021 (the “Reservation Regulations”) on 30 April 2021, pursuant to section 21 of the Citizens Economic Empowerment Act No. 9 of 2006 (the “CEEA”). Section 21 of the CEEA empowers the President, via Statutory Instrument, to reserve specific areas of commerce, trade, and industry for targeted citizens, citizen empowered companies, citizen influenced companies and citizen owned companies. The Reservation Regulations came into...

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The Citizens Economic Empowerment (Transportation of Heavy and Bulk Commodities by Road) (Reservation) Regulations, 2021

Author: Jackie Jhala, Mwila Balungu Date: 05 May 2021 The Citizens Economic Empowerment (Transportation of Heavy and Bulk Commodities by Road) (Reservation) Regulations, 2021. The President of the Republic of Zambia, His Excellency Dr. Edgar Chagwa Lungu, signed the Citizens Economic Empowerment (Transportation of Heavy and Bulk Commodities by Road) (Reservation) Regulations, 2021 (the “Reservation Regulations”) on 30 April 2021, pursuant to section 21 of the Citizens Economic Empowerment Act No. 9 of 2006 (the “CEEA”). Section 21 of the CEEA empowers the President, via Statutory Instrument, to reserve specific areas of commerce, trade, and industry for targeted citizens, citizen empowered companies, citizen...

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The Cyber Security and Cyber Crimes ACT

Author: Jackie Jhala, Rabecca Banda Date: 26 April 2021 The Cyber Security and Cyber Crimes Bill was assented into law by the President of the Republic of Zambia, His Excellency Dr. Edgar Chagwa Lungu, on 24 March 2021 and consequently enacted into law by the Cyber Security and Cyber Crimes Act No. 2 of 2021 on 1 April 2021. The Act has introduced elaborate provisions relating to cyber security and cyber crimes in Zambia. [embeddoc url="https://corpus.co.zm/wp-content/uploads/2021/11/Cyber-Security-and-Cyber-Crimes-Act-Legal-Alert.pdf" download="all" viewer="browser"]...

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