ARTICLE
26 February 2026

Spotlight On Chisomo Nyemba-Governor, DNC Chambers (Malawi)

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Herbert Smith Freehills Kramer LLP

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I have been fortunate to have had a career spanning private practice across a broad range of matters...
Malawi Litigation, Mediation & Arbitration
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Tell us about your career highlights to date?

I have been fortunate to have had a career spanning private practice across a broad range of matters, service as General Counsel and leadership of a non-profit human rights organisation. Each chapter has had its own highlights and I will share four of the highlights.

First, I was part of the team that successfully negotiated a new Mineral Development Agreement between one of Malawi's largest mining companies and the Government of Malawi. This followed shortly after the promulgation of a new Mines and Minerals Act. The new law was being implemented and there was heightened national interest on the project. This is a career highlight as the negotiations were high-stakes, requiring careful consideration of complex legal, fiscal, and regulatory issues as well as strategic engagement with stakeholders.

Second, we represented clients in the agricultural sector in a high-value class action issued in the High Court of London against a Malawian entity and UK-based entities. The matter raised novel and complex questions of law and demanded solutions that balanced litigation strategy with wider commercial and reputational considerations. This case stands out because its intensity and complexity provided invaluable experience, which later proved useful in other class actions and cross-border disputes.
Third, we designed and implemented an Operational Grievance Mechanism for a multinational company, developed in line with the UN Guiding Principles on Business and Human Rights, addressing both operational grievances and severe human rights impacts. This was the first of its kind in Malawi. I had to ensure that international best practices were aligned with local legal and cultural contexts.

Fourth, as President of the Women Lawyers Association, I led several transformative initiatives, including the first-ever nation-wide legal clinics in remote rural areas. Through these clinics, we provided legal services to thousands of women who might not have had access to justice otherwise. This work is especially meaningful to me because it empowers women to address injustices that would otherwise remain unchallenged.

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What are your goals in the coming months for 2026?

In 2026, there are two areas I intend to pursue more deliberately, both outside my day-to-day routine.

First, I would like to contribute more actively to shaping conversations around legal and regulatory frameworks. Malawi is an attractive investment destination and there has been meaningful progress in developing legal and regulatory frameworks that support private sector growth, respond to technological advancements and align with regional and international standards. I intend to highlight these developments and share practical insights drawn from experience, helping businesses and stakeholders better understand both the opportunities and the safeguards within our evolving framework. I am currently working on a book chapter on Data Privacy in Malawi, an area that is increasingly important with the proliferation of digital technologies and data driven business models as well as the recent enactment of the Data Protection Act in Malawi. I look forward to finalising the book chapter and contributing further to discussions in this space.

Second, I intend to strengthen collaboration with international peers in order to stay informed of global best practices, exchange ideas and build networks.

What are the complexities in your field of work and how do you navigate challenges that arise when doing business in Malawi?

One of the challenges in Malawi, especially in recent years, is macroeconomic volatility. Depreciation of the currency, inflationary pressures, foreign exchange shortages and regulatory changes have resulted in concerns about the viability of long-term projects and cross-border financial flows, for example, for dividend repatriation and payments for imports and service fees. One therefore has to offer legal advice that is solution-oriented and highlights the risks and mitigation strategies.

Another complexity is that in some emerging areas of law, Malawi's legal and regulatory frameworks are still developing and there are limited precedents to guide practitioners and businesses. In such circumstances, we often rely on comparative authorities from other jurisdictions. However, comparative frameworks do not always translate seamlessly. I therefore spend significant time analysing comparative authorities but I calibrate them carefully to fit the local context.

What is the best and most honest advice ever given to you?

"The opposite of distraction isn't focus, it's traction." It really hit me, as I can focus on activities or tasks all I want but true progress comes from gaining real traction towards my goals.

Who are your dream dinner guests and why?

  • Dr. Ngozi Okonjo-Iweala: to understand how she has navigated the demands of an extraordinary career and leadership in complex environments.
  • Vera Chirwa: to hear how she endured years of persecution and still emerged committed to justice.
  • Barack Obama: for the inspiration and to hear "Yes we can" said across a dinner table.
  • Michelle Obama: to discuss the personal insights she has shared in her writing and be inspired.
  • Nelson Mandela: to learn how to choose reconciliation over retaliation and build a lasting legacy of moral leadership. Although we cannot quite break bread together, I am grateful that his legacy is well preserved and we continue to learn from him.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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