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Ahmed Mussa

Ahmed Mussa

Head of Legal | Transaction Services

Ahmed is the Head of Legal – Transactions Services and International Partnerships Development at Ritz Attorneys at Law with extensive experience in contentious and transactional practice. He oversees a range of strategic priorities of the Firm. He is the Vice-Chairperson of the Practice Management Committee of the Firm and he is responsible for the development of local and international client relationships for the firm.

 

Ahmed has worked as a practicing attorney and an academic. He has extensive experience in energy, mining and natural resources projects; mining licensing, mineral extraction and land development projects; M&As; project finance, corporate and commercial transactions, public-private partnerships, private equity, IPOs, reorganizations and a broad range of transactional matters across diverse industries. Additionally, Ahmed has extensive experience in providing due diligence reports in connection with the projects in both domestic and cross-border deals as a stand-alone legal service or as part of a multi-disciplinary diligence team in conjunction with international law firms or audit firms.

 

Ahmed is a qualified Legal Practitioner from the Islamic University in Uganda. He has a Master of Laws degree in Energy [Mineral and Petroleum Extraction and Use] with Distinction in the Dissertation from the University of Cape Town in the Republic of South Africa. He holds a certificate in Drafting Commercial Agreements presented by the Malawi Law Society, in November 2015, and an Advanced Course Certificate in Effective Legal Writing under the Professional Development Project presented by the University of Cape Town, in September 2018

He further holds certificates of attendance in COVID-19 and Local Content Requirements in the Extractives Industries, Role of Fossil Fuels in the Energy Transition Era: Challenges and Key Issues for Policymakers, and CEPMLP Ph.D. Researchers Association Graduate Symposium, 2020. Centre for Energy, Petroleum and Mineral Law and Policy of the University of Dundee conducted all these webinars or symposiums in conjunction with the African Energy & Mineral Management Initiative and the Extractives Hub.

Experience

  • Advisor to Greencells Group on the IPP framework and implementation agreement in respect of their 35 MW Zomba solar power plant in Malawi.
  • Advisor to Serengeti Energy Limited [a Kenyan company] on the regulatory framework and aspects of the construction of the 21 Megawatts Serengeti Nkhotakota Solar Power Plant.
  • Advised Elsewedy Electric on a preliminary inquiry regarding the construction of a 100 MW Solar PV Power Plant and the construction of a Hydropower Project in Malawi.
  • Advised on a Power Purchase Agreement involving Lesta International and WindForce Plc who have business interests in the generation of solar power in Malawi.
  • Advised on licensing and approvals required for the Dwangwa Cogeneration project.
  • Advising Global Energy Alliance for People and Planet on structuring a $27 million grant to the Government of Malawi on renewable energy and ag energy projects through the Presidential Delivery Unit. And on a project to provide Training in Power Purchase Agreements and Financial Modelling for Electricity Supply Industry Institutions of Malawi
  • Local counsel on a multijurisdictional legal due diligence in respect of Carbon Streaming Corporation in its signing of a US$20 million carbon credit streaming financing and acquisition agreement with Community Carbon, established by Up Energy Group, bringing fuel-efficient cookstoves and safe water devices to millions of households in eastern and southern Africa.
  • Local counsel and provided a due diligence report to Quantel Renewable Energy Limited providing legal and regulatory advisory services on their 50 MW Solar Power Project [the Project] located at Bwengu, Mzimba district.
  • Advised C-quest Capital with Norton Rose Fullbright on acquisition of an existing registered entity in Malawi operating liquid petroleum gas (LPG) business.
  • Advised Shoprite with DLA Piper Law Firm on acquisition and disposal of property in Malawi, exchange control regulations, tax considerations and other property-related matters.
  • Advised and represented Midima Holdings Limited on a contentious matter for $905, 598. 19 in respect of a contract with EGENCO to design, build, supply, deliver diesel power generation plants in Malawi. Advised on arbitration under the UNCITRAL Arbitration Rules
  • Advised an Australian mining company on the regulatory framework for mining licensing, Mining Development Agreements, fiscal incentives, and mining operations in Malawi in relation to acquisition of an existing mining company.
  • Advised Trademark East Africa on foreign company registration and change of name in Malawi.
  • Advised Aisin Corporation with DLA Piper Japan on a possible car navigation system, speed camaras and spatial data in Malawi.
  • Legal advisor for Chibuku Products Ltd and Liberty Insurance Company Limited in contentious insurance related claims.
  • Local legal advisor for Entyre Limited, Auto and Tyre Limited, Sinohydro Limited, Royal Motors, Registered Trustees of Limbe Muslim Jamaat, the Registered Trustees of Aamena Society, Muslim Hands; SS Contractors Limited, SS Investments Limited, Star Holdings Limited, Motor Care Limited, Shabnam Investments Limited, Kips Restaurants, Applecore Grain and Milling Limited, Stansfield Limited, Carbon 365 Limited, Progressive Transport Contractors Limited.
  • Part of the team that has conducted legal due diligence for Trade and Development Bank [TDB] regarding a loan facility to Malawi Agricultural and Industrial Investment Corporation Plc [MAIIC] by reviewing the parties’ capacity to enter into the agreement, reviewing the framework for applicable laws governing the agreements, and rendering an opinion on their validity under local laws. Additionally, I will participate in the drafting of security instruments and see to their registration and perfection valued at USD 1,000,000.
  • Advised and executed portions of a sovereign cross currency swap to the tune of USD 30,000,000-00 to bolster a country’s foreign exchange reserves. The scope of instructions included advising on the capacity and legality of the sovereign party to enter the transaction including regulation of the central bank, and public finance management legislation. We also liaised with all stakeholders including the bank offering up the currency, the local agent bank holding the swapped currency on the account, and the sovereign beneficiary of the swap to draft an agency agreement supplementing the standard International Swap Dealers Association (ISDA) terms for the regulation of periods, taxes, and default among other key issues. These instructions spanned negotiation, drafting, advisory work on bank governance and regulation on the part of the central bank, tax, and exchange controls.
  • Represented NR Electric Co. Ltd, a multinational company in procurement, construction contracts, commercial transactions, energy, and litigation in commercial and contractual disputes. Successfully represented the multinational company in defending a claim for over MK100 Million arising from their construction of solar power in Likoma and Chizumulu Island.
  • Provided a diligence report to Spear Africa Holdings II Limited and subsequent acquisition of a local plastics entity. The transaction value of USD3 million.
  • Advised on a Joint Venture Agreement between Midima Holdings Limited and Komoil Petroleum Limited for the supply of petroleum and petroleum products. I also drafted their standard fuel supply contract worth millions of United States Dollars.
  • Advised YellowCard on financial services regulatory requirements for crypto enterprises in Malawi and interfacing with RBM directors, legal departments, and key personnel.
  • Reviewing and drafting various documents i.e., incorporation documents, Articles of Association for various NGOs including, Nutrition International, Day for Girls, Meharry School of Medicine, Morehouse School of Medicine, Raising Malawi Inc, among others.
  • Acted for Sociedade De Niassa, a Mozambican company, on their successful application for the Removal of a Trademark initially registered by British America Tobacco known as LIFE from the register for non-use over a period of 14 years. We subsequently successfully registered our Client’s LAIF Trademark.
  • Acted for Chibuku Products Limited against a Zambian company known as National Breweries Plc in a Trademark infringement lawsuit. We obtained an injunction against National Breweries Plc in Civil Cause Number 87 of 2019.
  • Registered a patent for GS Plastics Industry, a Malawian Client, for their product known as “GS Basket”.
  • Registered a Patent for Mr. Cyrus Zulu known as “Bank Nkhonde”.
  • Acted for Sevcar, a Tanzanian pharmaceutical products company in conducting a Trademark search in Malawi.
  • Assisted Serengeti Energy, a Kenyan Renewable Energy company in the registration of its “Serengeti Energy” Trademark.
  • Assisted Golden Lion, a Kenyan company known, in the registration of its Golden Lion Trade Mark in Malawi.
  • Currently assisting Interprestige in the registration of a Trademark in Malawi.
  • Currently assisting PUMA SE, a German global clothing company, with the Trade Mark instructions in Malawi.
  • Acted for a chinese mining company in rendering a legal opinion on matters requiring permit examination and approval for Makanjira Heavy Mineral Sands Project.
  • Acted for Lotus Mineral Resources Limited, an Australian Company, and advised them on prospects of securing incentives for mining activities in Malawi from the Government of Malawi [GoM], entering into a new Mining Development Agreement (MDA), the status of and correct interpretation of some of the provisions of a former MDA between the GoM and their predecessor.
  • Advised Sovereign Metals Limited, another Australian company, on their natural graphite mining project to be extracted at the Kasiya Project site and the transportation of the same via the Malawi railway network from Kasiya to the port of either Nacala or Beira in Mozambique and currently providing them with legal and regulatory advisory services.

 

  • Advisor to NGX Limited, another Australian mining company, on their Malingunde mining project in Malawi.
  • Advised a foreign mining company on its acquisition of a Malawian mining company with a mining license for heavy mineral sands for a period of 20 years and statutory approvals, permits, and environmental approvals required for the commencement of prospecting and mining operations.
  • Advising on a facility agreement between a major south African bank and Coca-Cola Beverages.

 

Pro Bono Services

Ahmed advises a number of probono clients for the Legal Aid Bureau in Malawi and the Malawi Law Society.