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Blog Cabemery

Emery Mukendi Wafwana & Associates > Blog Cabemery (Page 2)

CCJA: Against an Adjudication Judgment, Opposition by Third Party Is Inadmissible

The Common Court of Justice and Arbitration (CCJA) decided, pursuant to the provisions of Section 293 and 313 of the Uniform Act on simplified recovery procedures and measures of execution, that the third-party opposition against a judgment of adjudication is inadmissible… Read More...

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Participation, Protection and Compensation for Victims by the ICC

The present study focuses on the protection, participation and compensation for victims of serious crimes of concern to the international community as a whole by the International Criminal Court (ICC). It should be noted first of all that the ICC was created primarily to punish and deter the perpetrators of serious crimes of concern to the international community as a whole and not to compensate victims. The repair is not a prerequisite for the realization of the punishment of crimes and it is not necessary for the purpose of justice that determined the creation of the court. Thus, repair and sanctions appear to be two...

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CCJA: The Secretary General of a Limited Company Is Not Entitled  to Issue a Mandate for Representation to a Lawyer

CCJA has held in the Judgment No. 086/2017 of 27 April 2017 of the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA), in the case opposing MTN Côte d’Ivoire to Oricel SA called Green-CI that the Secretary General of a limited company is not qualified to deliver a mandate for representation to a lawyer… Read More...

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CCJA: Is inadmissible, the appeal of a convicted third party that has neither lodged a main appeal nor a cross appeal and without defense in the appeal

In its Judgment No. 009/2017 delivered on 23 February 2017, the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) has just stated the principle that  is inadmissible, the appeal of an applicant who criticizes the judgment of a Court of appeal upholding the order for payment of the causes of the seizure, but has not lodged a main appeal against the said order, much less lodged a cross appeal nor submitted a defense before the Court of Appeal. Since no sentence has been pronounced against him because he is not a...

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CCJA : An action for the annulment of an arbitration award is acceptable from the date it is served or in the month it is served with an executor

In its judgment No. 034/2017 of March 9, 2017, the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization in Africa of Business Law (OHADA) has confirmed the provisions of Section 27 of the Uniform Act relating to the Law of Arbitration which provides that an action for annulment of an arbitration award is to be declared acceptable if it is brought as soon as the said award is made. It cannot be received if it has not been exercised upon it being served or within the month of it is served with an executor… Read More...

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CCJA: The lessor must pay to the lessee a compensation for eviction if the premises rebuilt are of a different use from that of the premises subjected to the lease

The CCJA decided in its judgment No. 030/2017 of March 02, 2017 that the lessor must pay to the lessee a compensation for eviction provided for in Section 126 of the Uniform Act on general commercial law if the premises rebuilt have are of a different use from that of the premise subjected to lease, or if a lease is not offered to the lessee over the new premises… Read More...

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Swaziland: To apply for condonation, the reasons for delay must be explained

In its judgment No.20/2013 delivered on 25th October 2017, the Supreme Court of Swaziland affirmed that once you are obliged to apply for condonation, it is trite that the reasons for delay must be adequately explained and equally importantly, to demonstrate to the decision maker that you have at least a reasonable chance or prospect of success in the matter at hand… Read More...

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CCJA Dismissed the Appeal of Côte d’Ivoire Télécom Company for Foreclosure

In its Judgment No. 124/2017 of 18 May 2017, in the case that opposed Côte d’Ivoire Télécom company to Intel Afrique company, the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) has confirmed the judgment of the Court of Appeal dismissing the injunction request to pay introduced eight (8) years after issuing the enforcement orders… Read More...

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Emery Mukendi Wafwana admitted as an Advocate to the DRC Supreme Court of Justice

Following Decision n° 04/CO/BCSJ/ADM/16 of 8th April 2016 of the Bar Council of the Supreme Court of Justice, Counsel Emery Mukendi Wafwana was admitted to and registered with the Roll of Advocates of the Supreme Court of Justice. On this 22nd April 2016, he was sworn in at the Supreme Court of Justice. Counsel Emery Mukendi Wafwana’s admission to the Supreme Court enhances our firm’s ability to better represent clients in legal cassation proceedings as regards private law (civil, criminal, commercial) as well as in special proceedings in the Court of Cassation, to wit: actions against judges, referral of matters to appropriate...

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Upio Kakura Wapol, certified Doctor at law

Before a panel of eminent professors of the Law Faculty of the University of Kinshasa, formerly known as Louvanium, namely Professor Marie-Thérèse Kenge NgombaTshilombayi, Dean of the Law Faculty and chairperson of the panel, Roger Kola Gonze, Grégoire Bakandejawa Mpungu, Jean-Michel Kumbuki Ngimbi, Victor Mboyo Empengeea Longila, Gustave Beya Siku and Jean-Paul Shotsha Katshunga., Counsel Upio Kakura Wapol submitted his doctoral dissertation on « The legal system of commercial airports – Input to the study of Congolese airport law » dated 2 march 2016. Following a brilliant defence of his thesis, and after deliberation, the panel officially recognised him as Doctor at...

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Registration of a private security company in South Africa

By Fulgence Kalema Bwatunda Currently, the private security industry in South Africa is bigger than what it has ever been. The role of private security companies is distinctively different to that of the police, they view their role as private security to really aid and support the police. The South African government claims that it is an industry that threatens national security and is determined to tighten its regulation. The amount of registered companies has increased by 61% and the amount of registered security officers by 111%. There is also a big involvement of foreign companies investing in the South African security...

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Outline of the new Insurance Code of the DRC

By Pathy Liongo and Alain Kasende In its path to the stabilization of business climate and protection of private investments, the Democratic Republic of the Congo ("DRC") has just completed the reforming process of its insurance sector, one of the basic activities for the economic and social development of the country. This reform is accomplished by the Law No 15/005 of 17 March 2015 on Insurance Code ("Insurance Code"), promulgated by the President of the Republic on 17 March 2015 and recently published in the Official Gazette[1]. This new Insurance Code represents a real revolution in this sector, which has been...

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Congo : The Bill on hydrocarbons Code passed by the cabinet

Antoine Luntadila Kibanga  The Republic of the Congo, (“The Congo «) is an African country, located in Central Africa. It is a member of several regional organizations such as the Economic and Monetary Community of Central Africa ("CEMAC"), the Economic Community of Central African States ("CEEAC"), and the Association of African Petroleum Producers ("APPA"). Its economy is dominated by the oil sector, which represents more than 60 % of the country’s GDP, despite numerous efforts to diversify the country’s sources of income. Twenty years after the enforcement of the hydrocarbons code; it was time for the government, following the assessment of the code thereof,...

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Recent measures on the form of the articles of association and the minimum capital of SARL in the DRC: advantages and weaknesses

The Minister of Justice and Human Rights and the Minister of Finance in the DRC signed jointly in December 30, 2014 theinterdepartmental Order No. 002/CAB/MIN/JGS &DH/014 and No. 243/CAB/MIN/FINANCES/2014 determining the form of the Articles of Association and the minimum capital of a limited liability company. According to this order, the following provisions must henceforth apply to single-member and multi-member SARL: (1) the Articles of Association are established by notarial deed or private agreement (article 1); (2) the share capital is freely set by the shareholders, taking into account the business (article 2); (3) the pay-in slip cleared by a credit or microfinance...

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Ratification to the treaty relating to Grand Inga Hydroelectric Project

In accordance with articles 213 paragraph 1 and 214 paragraph 1 of the Constitution of February 18, 2006 as amended to date, the President of the Democratic Republic of Congo («DRC”) promulgated on the 21st November 2014 the Law No. 14/026 authorizing the ratification by the DRC of the Treaty relating to the Grand Inga hydroelectric project between the Republic of South Africa («RSA») and itself. I. PURPOSE OF THE TREATY The Inga Project aims at building a hydroelectric complex on the Congo River, on the site named Inga Site whose installations are based in the West of the DRC, 150 km...

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Entry into force of 1958 New York Convention in DRC

By Antoine Luntadila Kibanga The UN Convention on the Recognition and Enforcement of Arbitral Awards signed in New York on June 10, 1958, (« The New York Convention »), has been ratified in Democratic Republic of the Congo ("DRC") through Law No 13/023 dated June 26, 2013 authorizing the accession of DRC to the Convention in accordance with article 215 of the Constitution[1]. In compliance with article 12.2 of the New York Convention, its coming into force with regard to DRC, acceding State, had to be effective within ninety (90) days after the submission of instruments of accession or ratification by DRC....

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Deforestation Tax: Problematic of Tax Liability of Mining Titleholders

For some time, mining companies in the Democratic Republic of the Congo are facing the National Forest Fund, (“Fonds Forestier National”), a technical and financial public establishment set up by the law N° 011/2002 of 29 August 2002 relating to the Forestry Code (“Forestry Code”) for the payment of the “deforestation tax” as a result of the deforestation made by them concerning the mining areas covered by their mining titles. With regard to the taxes, customs and other duties and levies regime applicable to the mining titleholders provided for in the Law n° 007/2002 of11 July 2002 relating to the Mining Code...

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