Eugénie Elanga Monkango

Eugénie Elanga Monkango

Ms. Eugénie ELANGA MONKANGO

was registered as a Barrister at the Bar of Attorneys with the Appeal Court of Kinshasa/Gombe on 28 October 1997. In addition to his capacity as a lawyer, she is a registered Proxy in Mining and Quarry (from 2003 to date) and member of the management board of Cabemery.

A member of the Union Internationale des Avocats, Ms. Eugénie ELANGA MONKANGO is also aco-founder and member of the editorial committee of Juricongo, the online review of DRC law and portal of Congolese law (www.juricongo.com )

She is further the administrative manager of Cabemery office in Kinshasa.

In her capacity as a lawyer, Ms. Eugénie ELANGA MONKANGO specifically works in mining and hydrocarbon law, in companies law, in the fluvial, maritime and lake transports law, in the family law, in the labour law and in the social security law.

Mining law -In her practice of mining law, Ms. Eugénie ELANGA MONKANGO is known, at national level as well as at international level, for her participation in the works for reforming the tax, customs, legal as well as change framework for the mining sector. These works resulted in the drafting of the draft Mining Code, the Mining Regulations and Decrees governing the Statutes, Organization and Functioning of the Mining Cadastre including that of the Commission on the Validation of mining and quarry rights. She also assisted the DRC Government (Ministry of Mines) in defending the Draft Mining Code to the National Assembly and Legislative Council -Transition Parliament (ACL/PT) on 30 April-23 May 2002).

Ms. Eugénie Elanga Monkango has further assisted several private companies in the negotiations that led to the signing of mining contracts with the DRC Government. She has also conducted, jointly with Mr. Emery Mukendi Wafwana, has conducted for the DRC Government, with World Bank funding, the evaluation of 37 mining partnership agreements and others concluded between GECAMINES and third parties on certain mining deposits in Katanga. During the same mission, she conducted, still jointly with Mr. Emery Mukendi Wafwana, a due diligence on the validity and conformity of Exploration Permits, Exploitation Permits, Tailings Exploitation Permits held by joint venture companies created between GECAMINES and private investors on said deposits.

She further analyzed, examined and made significant observations on the financing contracts between GECAMINES and private external donors. She finally prepared draft standard contracts on lease agreements; mining permits transfer agreements, mortgage agreements, and on contracts conditions (2004-2006).

Having an in-depth knowledge of the mining code and the mining regulations including those of the functioning the mining administration i.e. the Mining Cadastre (CAMI), Ms. Eugénie Elanga Monkango acts on behalf of clients in inter alia 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.

Ms. Eugénie Elanga Monkango also authored or co-authored several legal opinions on mining law including on: the relocation of populations from mining sites and their relocation; on the procedure for application for and granting of mining rights, the issue of the transfer of 5% of the registered capital to the DRC state during the conversion of an exploration permit into an exploitation permit, the procedure of the conversion of a an exploration permit into an exploitation permit; the drafting of check-lists for mining companies; the issue of the holding several exploration permits by a single holder during the transformation of these permits.

Corporate law -In her practice of companies law, Ms. Eugénie Elanga Monkango has 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. In this capacity, she has appeared for companies incorporation notarized deeds and intervened, on behalf of clients, in the process of securing the incorporation up to their issuance in the official gazette of the DRC.

She has also 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.

Legal evaluation of projects -In an effort to fund or acquire certain projects in the DRC or in order to list the projects of some companies incorporated in the DRC in the international stocks exchanges (Toronto, London, Perth, etc), Ms. Eugénie Elanga Monkango has conducted several conformity, validity and authenticity evaluations on behalf of the said commercial companies and those of various mining permits (mining, land and other licenses) which they hold in order to ensure the realization of sureties of all sorts including mining and land mortgages, pledges or warranties for company shares and stocks constituting the capital of loaning companies and those whose are listed in international stocks exchanges markets.

She has advised and assisted several companies in the drafting of loans agreements, mortgage agreements (land and mining mortgages), pledge or security agreements for shares and stocks as well as the settlement of certain disputes likely to compromise the funding of project or that of acquiring interests in the project.

Fluvial, maritime and lake transports law -In her practice of this law field, Ms. Eugénie Elanga Monkango has advised and assisted several companies in securing various permits. Further, she conducted several legal studies at the request of these companies.

Family law -In her practice of family law, Ms. Eugénie Elanga Monkango intervenes in the verification of the authenticity and compliance with DRC legal and regulatory instruments of marital status deeds and other documents for certain diplomatic missions based in the DRC with a view to family reunion and other procedures. She has further undertaken, on behalf of clients, divorce, paternity search, affiliation procedures, granting of suppletive decisions for birth certificate, for marriage certificate or death certificate and assistance in the drafting of wills and their official recognition, etc.

Labour and social security law-In this field, Ms. Eugénie Elanga Monkango has undertaken, on behalf of clients, companies affiliation procedures with the Ministry of Labour as well as with the National Institute for Vocational Preparation. She has further advised and assisted various companies in reaching amicable settlements of their disputes with their employees before labour inspectorates and represented them before courts when amicable settlements failed to be reached. She has also issued several legal opinion at the request of clients.

Litigation -In addition to her law practice, Ms. Eugénie Elanga Monkango has been practicing judiciary litigation for 11 years now. In this capacity, she has represented and still represents her clients not only in proceedings before lower courts, high courts of instance, appeal courts but also in proceedings before the Supreme Court of Justice.