DR CONGO - Economy
Partner-Senior Executive, Cabinet Thambwe Mwamba & Associés
Bio
Maître Liliane joined Cabinet Thambwe-Mwamba & Associés in 2005 where she is Partner-Senior Executive and specializes in real estate law and mining and hydrocarbons law. A member of the Kinshasa-Gombe bar since 1998 she holds a law degree from the University of Lubumbashi and a Master’s in International Private Law at Robert Kennedy College, Zurich in partnership with the University of Salford, Manchester. To stay up to date she has completed certifications in Hyrdocarbons law, OHADA law, Insurance law, and Public Procurements. She is currently doing a training in financial analysis at ICCF-HEC Paris.
The firm focuses primarily on business law. We try to narrow our focus to specialize in areas of law that fall within the scope of corporate, contract and commercial law. This includes banking and finance law, mergers and acquisitions, joint ventures, real estate law, public procurement law, subcontracting law, mining and oil and gas law. We also handle cases involving employment law, family law, including divorce cases, and, where necessary, business and general criminal law, personal data protection (digital law). It should be noted that in the fairly recent past, most law firms in the Congo were more generalist, with different lawyers dealing with different areas of law. But over time, with international exposure and the changing legal landscape, we realised that it wasn’t necessary to cover all areas. It’s better to specialise in certain areas. That is why we focus mainly on commercial law, business law, hydrocarbons law, and insurance law.
Most of our clients are large companies, but we have a diverse client base. The largest portion involves corporate law and commercial law, especially in the creation and ongoing management of companies. We help them, for example, with labor law and other legal matters, acting as their business advisors. We offer full accompaniment and grow alongside them, handling their litigation issues as well. For example, We have clients in the banking sector, real estate development, and mining. We also represent employees in labor disputes with their employers. We are handling various types of cases, whether it is corporate advice or defending individuals in employment law matters. But, overall, the clients are private sector companies, and we are focused on providing legal services across multiple industries.
A profitable area for us right now is real estate law. We work closely with real estate developers and companies involved in real estate. The sector is moving quickly, especially in construction and development. Right now, real estate is booming, though most of it is still private, even in the commercial space. Few are involved in large-scale infrastructure projects, like stadiums or roads, which typically involve the government. But real estate is still the most promising sector because of ongoing renovations and new construction projects. There are niche markets in both renovating existing buildings and constructing new ones, all while adapting to environmental standards. Construction is definitely a high-potential area, but of course there is a downside. Most of the current real estate projects are luxury constructions, which limits their accessibility. Luxury real estate is the focus, while social housing is less prioritized, which reflects lack of proper planning. With proper planning, social housing can still be a viable market since the client base can be larger. The question is whether developers can lower construction standards or find creative solutions to expand into this market. Overall, real estate remains a strong sector.
Each of those factors plays a role. The national currency is the Congolese franc, but it is closely tied to the dollar, which is more stable. This makes it easier for foreign investors to work in the DRC since the dollar is the primary currency for transactions. Moreover, there is an openness to capital movement, with money being allowed to be exported or repatriated. For an investor, that is a guarantee for their return on investment. Demographics are also important, but they come with challenges. The DRC has a young population, which is great, but their purchasing power doesn’t always match the expectations for such a large population. For example, food businesses might do well because everyone needs to eat, but you have to know the specific tastes of the local population since the country is so big and diverse. Regarding OHADA, it is great for structuring companies, as it offers a wide variety of business structures, from cooperatives to commercial entities. It is relatively fast to register a business, but there are still some bureaucratic hurdles that delay the process. While it was once possible to register a company in three days, today it usually takes up to two weeks, or sometimes more, to get everything in order.
First of all, there is diversification within the extractive sector. But even if you don’t specialize in mining law or are not representing mining companies, there are still issues that relate to it, such as tax conflicts with the state or contractual issues with partners. While it is not mandatory to be a mining law expert, you do need some understanding of it, especially when dealing with mining companies because of all the related fields. Our firm itself is diversified. We serve clients in a variety of sectors, from hydrocarbons to insurance. This allows us to be flexible and offer services across different industries. For example, if someone wants to invest in the oil sector, we can help them get established. Our strategy is to support diversification by branching out into different areas of law and continuing to grow with the economy.
Our focus remains on business law. But emerging sectors like fintech, agribusiness, and everything related to digital technology are areas of growing interest. It is important to stay updated and understand these sectors. Personally, I have completed financial analysis training, which could help me in mergers and acquisitions. If clients want to buy companies or set up in the DRC, I can assist with that. But in general, the firm continues to focus on business law, including sectors like insurance, construction, hydrocarbons, and mining. We are continuously improving our expertise to stay competitive in the market by completing courses and preparing our lawyers.
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