Eric Mumwena Kasonga

Mr. Eric MUMWENA has graduated from the University of Lubumbashi where he was retained as a research fellow (since 2003 to date). He was sworn in as Barrister on 19 October 2004 and became registered with the Bar of Lubumbashi. He freelanced for some time before joining Cabemery in October 2006 and has been working in the firm on matters relating to civil law of assets, mining law, commercial law and companies law, intellectual rights law and unlawfull competition, administrative law and judiciary law.

Civil law of assets -Having a proven knowledge of the land code and that of the functioning of the departments of the land and real estate titles conservation cadastre, Mr. Eric Mumwena Kasonga successfully assists clients in the procedures for the drawing up, the mutation and renewal of real estate titles (registration certificate) and in the procedure for the signing of land lease of land enjoyment contracts with the DRC.

He also advised and assisted several persons in real estate disputes.

Mining law -In the practice of mining law, Mr. Eric Mumwena Kasonga is known, at national and intrnational levels, for having assited several private companies, jointly with Mr. Emery Mukendi Wafwana, in negotiations that resulted in the signing of mining agreements with GECAMINES and/or the DRC. Still with Mr. Emery Mukendi Wafwana has conducted several due diligences on the validity and conformity of Exploration Permits, Exploitation Permits, Tailings Exploitation Permits held by joint venture companies created between GECAMINES and private investors. Very recently with Mr. Emery Mukendi Wafwana, he has advised GECAMINES in the procedure for the review of mining contracts at the initiative of the DRC government and he assisted in the negotiation of more than 20 partnership agreements signed between the company and its private partners (2008).

Having a mastery of the mining code and the mining regulations including those of the functioning the mining administration i.e. the Mining Cadastre (CAMI), Mr. Eric Mumwena Kasonga has assisted several clients in the procedure for the granting, renewal, transformation, renouncement (partial or full), extension, mutation (transfer, lease, transmission, option contract) of mining and quarry rights. He has assisted and advised several companies in disputes relating to mining permits and quarry authorization.

Mr. Eric Mumwena Kasonga has issued several legal opinions including on the respect for the right of the environment by the holder of an exploration permits; the issue of the co-existence between the mining law and the land law, the conduction of mortgage in mining law.

Commercial-companies law -In this field, Mr. Eric Mumwena Kasonga has advised and assisted several clients in the incorporation of companies in compliance with Congolese law and has drafted on behalf of these companies their articles of association). He has also advised and assisted international companies in acquiring administrative permits and authorizations for their establishment in the DRC depending on the field of activities as well as in the incorporation and establishment of their subsidiaries and branch offices in the DRC. He has advised and assisted several companies in the drafting and implementation of general assembly extraordinary meetings minutes, board of directors meetings or management board meetings, single managers decisions etc.

Judiciary law -Mr. Eric Mumwena Kasonga has represented and still represents several of his clients in criminal, civil and administrative proceedings before courts jurisdictions.