Curriculum Vitae

Lewis Chisanga Mosho

Legal Practitioner, 23 years at the Bar
Snr Partner - Lewis Nathan Advocates
lewis@lewisnathan.com
+260 966 900 123
758 Independence Avenue, Woodlands

WORK EXPERIENCE

  • First Legal Counsel for Lusaka Stock Exchange (LuSE)
  • Former Board Member of the LuSE Board of Directors
  • Expert advisory on securities markets in Zambia
  • Lead legal advisor to LuSE on the promulgation of the current LuSE market regulations and framework
  • Lead legal advisor to LuSE on the promulgation of the current LuSE Listing Rules & harmonised with SADC
  • Prime contributor to the new Securities Act
  • Lead advisor on promulgation of Corporate Governance Code for listed companies in Zambia
  • Lead advisor to the LuSE and Securities Exchange Commission (SEC) on stock market restructuring & restructured the LuSE market and participation models for the first time (demutualisation); the LuSE is now a public company and will list on its own market
  • Legal advisor to most of all stock exchange listings on the LuSE and capital raising exercises
  • Lead advisory on intermediation of K1.3 trillion using the LuSE from investors to industry, employment creation, enhanced government taxes etc
  • Work Attachments and visits to New York Stock Exchange, Philadelphia Depository Company, American Depository Company, USA Securities Exchange Commission, Nairobi Stock Exchange, JSE Securities Exchange (Bond Exchange of South Africa)
  • Currently publishing a book on specialised law - ‘Mosho on Securities Law & Practice’; soon to be on launched.
Snr Partner & Head of Financial Markets & Insolvency Law Division, Lewis Nathan Advocates, Lusaka, Zambia
a) Commercial Transactions/Securities Law
b) Stock Exchange Financing & Transactions; Securities Listings & Compliance management
d) Corporate & Structured finance, loan syndications
e) Securitisations
f) Bank Recoveries, Receiverships, Insolvency, Security perfection
g) Corporate Governance
h) Financial Market Law reform services to regulators
Prime Legal Advisor on the following recent deals, inter alia:
  • Maamba Colliers Limited USD800m loan syndication -2015 for the 300MW Maamba Coal Power Project.
  • Lunsemfwa Hydro Power Project –the 1st Corporate Bond on the stock exchange to refinance ESKOM interests in the company (2003)
  • Barclays Bank K550billion Corporate Bond (2006/7)
  • Development Bank of Zambia K150billion Bond (2007)
  • Bayport K200billion Corporate Bond
  • Investrust Bank K100billion Bond
  • Airtel Zambia K820billion loan syndication
  • Lafarge Cement PLC K200billion Bond
  • ZANACO USD28million capital raise listing
  • ZCCM-IH & GRZ Sale down 2015
  • AEL listing
  • MTN Zambia listing (2014)
  • Transformation of the Lusaka Stock Exchange, 2015
  • New Lusaka Stock Exchange listing Rules- 2013
  • Bank of Zambia Financial Markets Development Programme legal advisor
  • Lusaka Stock Exchange Corporate Governance Code
Company Secretary & Legal Counsel, Lusaka Stock Exchange Ltd.
Specialised Duties:
  • Advising financial markets and participants on Corporate Law and Finance, securities and privatisation legal and regulatory issues, company disclosures, enforcement, financial market legal infrastructure development and legal issues on new financial instruments
  • Regulation of Zambia’s financial markets
  • Developing and advising on the legal framework and legal issues on the SADC financial Markets and Development
  • Developing and advising on the regulatory framework and issues for secondary trading of Treasury Bills and Bonds, including repos and reverse repos and book entry registry
  • Advising foreign investors on privatisation laws, cross-border merger and take-over transactions affecting Zambian listed companies and transactions relating to substantial acquisitions of shares within the Zambia’s Securities Act, Investment Act, Competition & Fair Trading Act, Companies Act, and the rules based on the City Code of the London Stock Exchange, and Securities Regulation Panel of South Africa
  • Fund management regulatory issues.
  • Enforcement of Company Law and Securities Law and securing compliance by companies listed on the stock exchange; related Law reform issues
General Duties:
  • General Legal advice to the Stock Exchange management and Board of Directors and on listing rules and other regulatory matters and also on the law having a bearing on the Zambia’s financial system
  • Constant general law review and making recommendations to government through the Securities & Exchange Commission for law reform
  • Company Secretarial Practice and related services to the Lusaka Stock Exchange management and Board of Directors and advice on such matters to boards of listed companies
  • Advice on labour law relating to members of staff, legal representation of the company in courts, including the drafting for the company and market participants of various legal and commercial agreements.
Achievements:
  • Managed and Conducted a Zambian capital market project to harmonise the Lusaka Stock Exchange Listings requirements with those of the Johannesburg Stock Exchange (which are based on the London Stock Exchange listing rules) within the recommendations of the Southern African Development Community [SADC] on the need to harmonise the listing rules of the SADC member stock exchanges. The newly harmonised listing rules became effective in September 1999 after approval by the SADC and regulatory authorities.
  • Initiated, under World Bank funding, the introduction of the first-ever legal framework for the Zambia’s securities clearing and settlement system and the legal recognition of the modern book entry and electronic transfer or holding of securities by depository companies. The final legal framework proposal [Bill] is to be presented to parliament in the course of 2004.
  • Designed the legal and operational structure for the Zambia’s Securities Clearing & Settlement System, with a view to achieving a true Delivery Versus Payment that is final and irrevocable and in which payment is effected in central bank funds on a Rolling Settlement. The designed structure is expected to be operational by the end of 2004.
  • Was part of the Bank of Zambia Team that developed the Payment Systems Legislation
  • Served as a Member of a National Task Force for Developing Institutional Investment Guidelines for Pension Funds in Zambia following a directive by the Zambia’s Minister of Finance made in August 1999 to develop such guidelines in order to support capital market development through domestic savings.
  • Developed a framework to demutualise the Lusaka Stock Exchange, a concept designed to extend stock exchange membership to non-brokers because of the central role a stock exchange plays to the economy and the corresponding need to govern a stock exchange in the interests of the market and the public.
  • Developed the framework for the Bond Listing Rules of the Lusaka Stock Exchange basing on the Bond Listing Requirements of the Bond Exchange of South Africa
  • Developed the Lusaka Stock Exchange Corporate Governance Code for listed companies in Zambia
  • Former member of the Law Development Committee of the Law Association of Zambia
  • Former Representative of the Lusaka Stock Exchange on the Commonwealth Association on Corporate Governance membership
  • Member of the Bank of Zambia Financial Sector Development Plan Legal and Regulatory Infrastructure Committee
  • Member of the National Technical Committee established by the Ministry of Local Government for the development of the Municipal & Housing Bond Market in Zambia
Some Papers Presented:
  • “Financial Services Supervision: Single Versus Multiple Regulation in Zambia” Discussant paper presented to Bank of Zambia 40th Anniversary, Pamodzi Hotel, 2004.
  • “Legal and Structural Issues and Options in establishing a Gemstone Exchange in Zambia” presented to the Gemstone Workshop organised by the Ministry of Mines, Savoy Hotel, Ndola, Zambia; on invitation by the Ministry of Mines
  • “Regulating Money Laundering Activities in Emerging Economies –Capital vs Financial Markets” presented to the Committee of SADC Stock Exchanges, Johannesburg, South Africa, 6th June 2002.
  • ‘The Anti-Money Laundering Act, Effect and Effectiveness in the Financial Market’’ presented to the Institute for Southern Africa Development Training Workshop on the Detection and Control of Money Laundering in Zambia, 13-14th May 2002, Lusaka, Zambia.
  • “Financial Market Regulatory Overlaps & Conflicts –The Zambian Case” presented to the Zambia Financial Market Restructuring Forum, 29th June 2001, Lusaka.
  • "The Law Reform Process in Zambia" presented to the Zambia Union of Financial and Allied Workers Seminar, 3rd- 6th October, 2000; Kafue Gorge, Lusaka, Zambia.
  • "Corporate Governance Development in Emerging Economies -The Approach" presented as a panelist to the Commonwealth Association on Corporate Governance Annual Conference, 31 October -2nd November, 2000, Nairobi, Kenya
  • " Zambia Payment System and the Central Securities Depository- The Interface" presented to the 3rd quarter meeting of the SADC Committee of Stock Exchanges, 24th-25th August, 2000, Pamodzi Hotel, Lusaka, Zambia.
  • "Company Floatation and the Listing Rules of the Lusaka Stock Exchange" presented to the Floatation Workshop held on 12th May, 2000, Lilayi Lodge, Lusaka, Zambia.
  • "The Zambia's Securities Market" presented to the United States Securities & Exchange Commission's Tenth Annual International Institute for Securities Market Development held on 3rd - 14th April 2000, Washington DC, USA.
  • "Legal Framework for the Zambia's Securities Market" presented to Brown Brothers Client Symposium held on 19th April 2000, Boston, USA
  • "Legal Framework for the Securities Clearing & Settlement System and the Interface with the National Payment System in Zambia- A Proposal", presented to Bank of Zambia consultative meeting held on 16th September 1999, in the Bank of Zambia Board room, Lusaka, Zambia
  • "Harmonisation of Stock Exchange Listing Rules in the SADC", presented to a Public Debate Workshop on Harmonisation of Systems in the SADC Region held on 20th & 21st May, 1999; at Pamodzi Hotel; Lusaka, Zambia, sponsored by SIDA
Directorships held:
  • Non Executive Director, Lusaka Stock Exchange
  • Acting Chairman, Lusaka Stock Exchange
  • Zambian Country Representative Director, Shoprite Holdings PLC, Cape town, South Africa
  • Director, Elite Apartments & Lodge, Livingstone
  • Director, Florida Investments International, Lusaka
  • Director, Zambia South African Business Council, Zambian High Commission, Pretoria
  • Non-Executive Director, Lusaka Girls Secondary School
Legal Services Manager, Zambia Investment Centre (now ZDA), Lusaka, Zambia
Duties:
  • Management and provision of Legal Support Services to the Investment Centre Board & Management;
  • Providing legal advice to various prospective local corporate and foreign Investors;
  • Representing the Investment Board and Investors in litigation on contentious matters relating to investment and commercial disputes, and in Industrial matters;
  • Company Secretarial Services to the Investment Board; including preparation and writing of minutes of meetings and Action Taken Reports;
  • Investment and Privatisation law Review and making recommendation for changes in the legal framework relating to Investment and Privatisation and other related legislation;
  • Monitor the activities of Investors for compliance with Investment and other law; Issuing, transferring and/or revoking Investment Licences;
  • Representing the Investment Board on the Zambia Competition Commission Technical and Operations Committee
  • Incorporation and registration of companies for both foreign and local Investors;
  • Conveyancing and general legal drafting for foreign and local Investors;
  • General other legal work, including drafting and drawing of Joint Venture and Strategic Alliance arrangements for both local & foreign investors, negotiating and advising Government Ministries & Departments on bilateral agreements to which Zambia was or proposed to be a party for the protection and promotion of Investment;
Advocate (i.e., Solicitor/Barrister); at Messrs Nkwazi Chambers, Lusaka, Zambia
Duties:
  • Conveyancing and legal drafting
  • Incorporation and registration of Companies
  • Criminal, Civil and industrial litigation in contentious matters.
  • Provision of Legal opinion and representation to corporate bodies.
  • Taxation Disputes
Learner Legal Practitioner on attachment to Shamwana & Company, Lusaka, Zambia.

EDUCATION BACKGROUND

  • Current

    LLM student at UNISA (With specialisation in Commercial Law)


  • November 1999

    Stock Broker's certificate


  • December 1995

    Admitted to the Bar; Attorney & Advocate of the High Court & Supreme Court for Zambia


  • 1990 - 1994

    Bachelor of Laws Degree [LLB], University of Zambia, Lusaka, Zambia.


POSTGRADUATE COURSES ATTENDED

  • 1997

    Principles & Practice of Foreign Investment and Trade in Services, Nov 1997, International Development Law Institute, Rome, Italy


  • 1998

    Capital Markets: Development and Regulation, Oct/Nov 1998, International Law Institute, Washington DC, USA


  • 1999

    Custody & Settlement in Africa, Regulatory issues, March 1999, IBC Global Conferences, Johannesburg, RSA


  • 1999

    African Payment Systems, Regulatory issues, March 1999, IBC Global Conferences,Johannesburg, RSA


  • 1999

    Stock Brokers’ Course, Nov 1999, Zambia Insurance Business College Trust, Lusaka, Zambia


  • 2000

    Tenth Annual International Institute for Securities Market Development, April 2000, United States Securities & Exchange Commission, Washington DC, USA


  • 2000

    Commonwealth Association on Corporate Governance Annual Conference, October/November 2000, Nairobi, Kenya


  • 2001

    Pan African Consultative Forum on Corporate Governance, 16th- 19th July 2001, Midrand, Johannesburg, South Africa

WORK ATTACHMENTS & Visits

  • 1998

    New York Stock Exchange, New York, USA


  • 2000

    American Depository Company, New York, USA


  • 2001

    Bond Exchange of South Africa, Johannesburg, South Africa


  • Year

    Working Visit to the USA Securities & Exchange Commission (Washington DC) Working Visit to Philadelphia Depository Company, USA


PROFESSIONAL & OTHER AFFILIATION

unza logo
Member of the Law Association of Zambia [LAZ]

ACADEMIC ACCOMPLISHMENTS

Curriculum Vitae
Best Student in the School of Law, University of Zambia (1993)

HOBBIES

Playing Volleyball, making friends, and discussing innovation

PROFESSIONAL & CHARACTER REFEREES

(i) Mrs. Priscilla Sampa - Chief Executive Officer Lusaka Stock Exchange
(ii) Mr. Allen Jones - Bond Exchange of South Africa

43 Empire Road, Parktown, Johannesburg, South Africa
Tel: 011 482 2605