José Ilunga Kapanda

Maître José Ilunga Kapanda

Mr. José Ilunga Kapanda was registered as a Barrister in the Bar of Kinshasa/Gombe after serving as a Barrister before Courts of High Instance of Kinshasa (1992-1993) and trainee legal adviser to Marsavco (1993-1994). He is also a registered Proxy in Mining and Quarries and sits on the Administrative Board of Cabemery from 2003 to date.

Member of the Union Internationale des Avocats (UIA), Mr. José Ilunga Kapanda is co-founder and member of the editorial staff of Juricongo, the DRC law online review and portal of DRC law (www.juricongo.com). He supervises the Lubumbashi branch office of Cabemery.

In his law practice, Mr. José Ilunga Kapanda actively works in the fields of mining and hydrocarbons law, air law, commercial law, companies law, fiscal law, sureties law and in the practice of judiciary, and administrative litigations.

Mining Lawing -In this practice, Mr. José Ilunga Kapanda is known, both at national as well as at international level, for his assistance to the DRC Government (with the financial assistance of the World Bank) in reforming the tax, customs, legal as well as change framework for the mining sector. In this regard, he drafted 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. He 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).

Mr. José Ilunga Kapanda has also assisted several private companies in negotiations that have led to the signing of mining agreement with the Government of the DRC. Jointly with Mr. Emery Mukendi Wafwana, he has conducted he evaluation of 37 mining partnership agreements and others concluded between GECAMINES and third parties on certain mining deposits in Katanga. During the same mission, he 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. He further analyzed, examined and made significant observations on the financing contracts between GECAMINES and private external donors. He finally prepared the draft standard contracts on lease agreements; mining permits transfer agreements, mortgage agreements, and on contracts conditions (2004-2006). Very recently, he has advised GECAMINES in the negotiation of more than 20 agreements signed between GECAMINES and private partners (2008).

Having an in-depth knowledge of the mining code and mining regulations including that of of the functioning the mining administration i.e. the Mining Cadastre (CAMI), Mr. José Ilunga Kapanda boasts provides services to clients in, amongst other things, 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. José Ilunga Kapanda drafted 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.

Air Law-In the practice of air law, Mr. José Ilunga Kapanda has been and still is the legal adviser to public and private companies operating in this sector. He has advised and assisted these companies in securing exploitation licenses, authorizations to import aircrafts, to build and ensure official recognition of private landing strips and in their disputes over civil air liability. He has written the following publications on this field including: The Legal and Regulatory Conditions for the Construction of a Private Aerodrome under Congolese law and The Legal Consequences deriving from the Opening of a Private Aerodrome to International Flights.

Commercial-companies-investment law -In his practice of commercial law, companies law and investment law, Mr. José Ilunga Kapanda 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. 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.

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), Mr. José Ilunga Kapanda 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.

He 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.

Litigation -In addition to his capacity as a legal counsel, Mr. José Ilunga Kapanda has been practicing legal litigation for 13 years. In administrative litigation, he has represented and still represents his clients both in the preliminary claim proceedings as well as in jurisdictional proceedings before the administrative chambers of the Courts of Appeal and the Supreme Court of Justice. He has advised and still advises several companies in the settlement of fiscal and para-fiscal disputes with DGRAD or DGI before the Tribunals of High Instance and before Courts of Appeal.

Mr.José Ilunga Kapanda is an LLD in Private and Judiciary Law from the University of Kinshasa.