PIERCING THE CORPORATE VEIL TO ENFORCE AN ARBITRAL AWARD IN ZAMBIA

Authors: Sydney Chisenga and Francis Muzimu 19 June 2025 Arbitration has emerged as a preferred method of dispute resolution in commercial or business disputes due to its efficiency, confidentiality, and flexibility. An arbitral award being the final decision rendered by an arbitral tribunal, holds significant weight in resolving disputes. However, the enforcement of such awards often necessitates judicial intervention to ensure compliance. One of the complex legal doctrines that occasionally surfaces during this phase of enforcement is the concept of "piercing the corporate veil." This doctrine, traditionally rooted in corporate law, allows Courts to hold shareholders or parent companies liable for the obligations...

Unlocking Zambia’s Mining Potential: Insights and Prospects at Mining Indaba 2024

Author: Charles Mkokweza Date: 02 February 2024 Africa has once again become an important focal point destination for investment capital in the metals and minerals sector and Zambia is one of those hot beds. We have experienced significant increase in activity in the M&A space and with respect to both brownfield projects as well as greenfield projects. One country specific development is in the policy space. While the main fiscal and general policy regime has remained stable for the past few years, and should generally continue this way with respect to the ‘big’ policy issues, we nevertheless expect to see some interesting...

UNLOCKING EFFICIENCY – THE DIGITAL CLEARANCE PROCESS

19 September 2023

The Ministry of Lands and Natural Resources (the “Ministry”) which is responsible for inter alia the registration of documents relating to land in Zambia and issuance of certificates of title recently migrated from the Zambia Integrated Land Management Information System (“ZILMIS”) to the Zambia Integrated Land Administration System (“ZILAS”).

Corpus Legal Practitioners (“CLP”) Participates In The Clean Energy Tool, An International Guide For Renewable Energy Investors

CLP has partnered with international law firm Simmons & Simmons in providing content for the Zambian sections of the Clean Energy Tool.  The Clean Energy Tool is designed as a “one -stop-shop”, user-friendly platform for comprehensive information relating to investment and developments in the clean energy sector. As climate change disrupts traditional business mindsets across various sectors, the renewable energy market continues to expand rapidly, especially on the African continent, which is richly blessed with a wealth of renewable energy resources.

Main take-aways from the keynote address of the Minister of Finance and National Planning Hon. Situmbeko Musokotwane at the Mining Indaba

09 February 2023

Minister of Finance and National Planning Hon. Situmbeko Musokotwane says Zambia is not only aiming to reach three million tonnes of copper production, but is also targeting to diversify mineral production to include other key battery minerals the country is endowed with.

Zambia at COP 27

13 December 2022

The United Nations Climate Change Conference is an annual summit of Heads of State and global leaders with the aim of implementing the United Nations Convention on Climate Change and Paris Agreement of 2015. By the latter Agreement, parties agreed to accelerate global climate action through emissions reduction to net-zero by 2050, scaled-up adaptation efforts and enhanced flows of appropriate finance. The goal is to keep the rise in mean global temperature to well below 2°C (3.6 °F) above pre-industrial levels, and preferably limit the increase to 1.5 °C (2.7 °F), recognizing that this would substantially reduce the effects of climate change.

Energy Sector Policy Highlights

11 November 2022

The New Dawn administration has set ambitious policy objectives for the energy sector that will require both policy certainty and private capital. This comes after a 10-year period during which, despite some initial big wins including increased private participation, the policy direction became unclear; and this manifested in continued load-shedding and public debate over rising fuel costs.

Public Private Partnerships

07 November 2022

The preferred project structure

Recent policy changes including many tax incentives suggest that public private partnerships (“PPP’s”) are the government’s preferred structure for the many infrastructure projects that it has planned. To this end, the government plans to repeal and replace the Public Private Partnership Act with a more enabling statute. We already see PPPs being used for transport and logistics projects including road and border posts; and we expect to see many more considering the recent policy announcements in the 2023 National Budget, for such projects.

Zambia Goes Green

25 October 2022

8NDP & 2023 Budget Green Economy Highlights

The Eighth National Development Plan (“8NDP”) sets out Zambia’s strategic policy direction, development priorities and implementation strategies for the period 2022 – 2026. Regarding the Green Economy, the 8NDP prioritizes the implementation of climate change adaptation actions in Zambia’s Nationally Determined Contributions under the Paris Agreement to achieve improved climate change adaptive capacity, reduce vulnerability and enhance resilience to climate change. The government plans to promote low carbon sustainable consumption and production to reduce greenhouse gas emissions and to meet the emission reduction targets set out in the Nationally Determined Contributions. The Government also plans to enact legislation to support these policy objectives.

A “NEW DAWN” ON THE PROPERTY TRANSFER TAX REGIME

14 October 2022

The proposed Zambian National Budget for the year 2023 has been hailed as a progressive and ambitious developmental programme, building on the New Dawn Government’s mission to transform the Zambian economy. In its quest to generate the much-needed revenue, the 2023 budget is an interplay between revenue concessionary measures and compensating measures. As we enter the new year, we are set to see several reforms being made to, among other things, the property transfer tax (“PTT”) regime in Zambia.