Our Key Personnel

Chisomo Nyemba

Partner

Background

Ms Chisomo Nyemba provides advice and represents clients in a variety of matters, including high-value, multi-party, cross-border, novel and complex matters. She represents and advises Malawian as well as international clients from a range of sectors, such as financial services, telecommunications, health, information technology, aviation, education, construction, and agriculture.

She has various professional qualifications from leading institutions and is equipped to provide world class legal services. In addition, she has attended various trainings, including trainings on legal writing and trial advocacy, in the United States of America, South Africa, Nigeria, Botswana and Malawi. She is currently a faculty member of Justice Advocacy Africa and offers trial advocacy training to lawyers in various African countries together with other faculty members.

Before joining DNC Chambers, she was a Principal Associate at Savjani & Co. Prior to that, she worked at Kalekeni Kaphale Lawyers. She has also worked at the Office of the Public Defender, Ministry of Justice, in Lagos, Nigeria. Throughout her practice, she has remained agile, resilient, hardworking and committed to satisfying her client’s needs in an ethical manner. Her clients speak highly of her and one client described her as “very professional, hardworking, a pleasure to work with and exceptional. She takes full ownership of the case she is handling”.

Professional Qualifications

  • Master of Laws Degree in Commercial and Corporate law, University of London (United Kingdom)
  • Master of Laws Degree in Human Rights and Democratisation, University of Pretoria (South Africa)
  • Postgraduate Diploma in International Business Law, University of London (United Kingdom)
  • Postgraduate Certificate in Banking and Finance Law, University of London (United Kingdom)
  • Bachelor of Laws Degree, University of Malawi

Top Matters

  • Part of a team that represented a client in a high value claim issued in the High Court of London against a Malawi entity and UK entities on behalf of multiple claimants alleging human rights violations. The matter raised novel and complex issues of law and required solutions that took in account wider commercial and reputational interests.
  • Successfully defended a multinational company in an action against it by multiple claimants for alleged trespass, negligence, nuisance and other claims in relation to its mining operations. All the claims against the client were dismissed and the client was awarded costs of the action.
  • Assisted in the design and implementation of an Operational Grievance Mechanism (OGM) for an international company, in line with the UN Guiding Principles on Business and Human Rights. The OGM deals with operational grievances as well as severe human rights impacts.
  • Provided advice to a top London-based law firm in relation to a high value and complex claim commenced in the High Court of London against multinational companies. The claim involved allegations of torts and human rights violations that allegedly occurred in Malawi.
  • Part of a team that represented a shareholder in an unprecedented unfair prejudice action in Malawi against a publicly listed company and its related parties in connection with related party transactions worth billions of US dollars. The matter involved issues of company law, accounting and financial disclosures, auditing, compliance with listing requirements and accounting standards, fiduciary duties, arm’s length transactions and transfer pricing.
  • Successfully defended a client in claims for compound interest and successfully argued against the practice in the High Court (Commercial Division) of awarding compound interest in all debts arising out of commercial transactions.
  • Represented Malawi’s largest publicly listed company, its subsidiary, and their employees in a multi-billion kwacha claim against them by the subsidiary’s former employee for defamation, breach of privacy and loss of business.
  • Successfully defended a multinational company in arbitration proceedings governed by UNICTRAL Rules. The claimant was claiming millions of Malawi kwachas, being damages for breach of contract, foreign exchange losses and interest. All claims against the client were dismissed.
  • Advised a client on trademark rights and infringement and successfully pursued the party that was infringing the client’s trademarks.
  • Advised an international school on updating its policies and codes of conduct for students and staff in line with laws of Malawi and international standards.
  • Advised and represented a client in a complex tax dispute involving billions of Kwachas.
  • Provided advice to an international cryptocurrency exchange on regulatory and compliance requirements associated with cryptocurrency in Malawi.
  • Provided advice to a leading international telecommunications company on regulatory requirements to ensure successful delivery of new products.

Languages

  • English
  • French
  • Chichewa
  • Tumbuka

Publications

  • Nyemba, Chisomo and 4 others. "Selected Developments in Human Rights and Democratisation in Sub-Saharan Africa during 2019." Global Campus Human Rights Journal 4, (2020): 201-229.
  • Nyemba, Chisomo. "Right to Data Privacy in the Digital Era: A Critical Assessment of Malawi’s Data Privacy Protection Regime.’ LL.M. diss. University of Pretoria, 2020, published thesis at https://repository.gchumanrights.org/handle/20.500.11825/1829.
  • Nyemba, Chisomo and Mphote, Innocent ‘The Constitution and the Regulation of Press Freedom in Malawi.’ Malawi Law Journal 6(2), (2012): 221-236.

Conferences

  • Chisomo Nyemba, "Cross-Border Data Flows in the African Continental Free Trade Area: Bringing Data Protection to the Fore" (PowerPoint presentation, African Bar Association Annual Conference (2022), August 11, 2022).
  • Chisomo Nyemba, "The Advent of Smart Contracts: Legal Evolution or Revolution?" (PowerPoint presentation, Malawi Law Society Annual General Meeting and Conference (2021), March 26, 2021).
  • Chisomo Nyemba and Innocent Mphote ‘The Constitution and the Regulation of Press Freedom in Malawi’ (PowerPoint presentation, The Malawian Constitution at 18: Constitutionalism, Diversity and Socio–Economic Justice Conference, July 28, 2012).