Compliments of the New Year!
Looking back at 2018, undoubtedly the highlight for the firm was moving into our new offices in the Central Business District, after being in the Main Mall for over 30 years. While moving into new offices comes with its challenges, including dealing with snags associated with any newly constructed building, we have settled in well and are happy with our new location. Read more “A brief look at 2018”
Treaty reinsurance is where an insurer enters into an agreement with a reinsurer to cover a “book” of risks. The book of risks is generally quite broad in that it will stipulate the various risks it will cover, i.e. motor, aviation, business, immovable property, etc. Treaty insurance is a long term contract that covers the primary insurer for various types of risk.
Facultative reinsurance is where an insurer wants to cover a specific type of risk or a block of risks with a reinsurer/s. It is generally a one-off specific type of insurance. Read more “Treaty V Facultative Reinsurance”
Upon obtaining final judgment sounding in money, there is no guarantee that the money owed will be repaid. Winning does not signal the end of the judicial process. Garnishee proceedings, amongst other court processes may be instituted against a judgement debtor who despite numerous requests refuses to satisfy the judgement debt.
The Judgement creditor may approach court for a garnishee order. The Black Law Dictionary (Eighth Edition), simply defined Garnishee Proceedings or garnishment as a “judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or is bailee for the debtor to turn over to the creditor any of the debtor’s property (such as wages or bank accounts) held by that third party”. Read more “Garnishee Proceedings”
It is trite law that an employer attracts vicarious liability for the delicts of an employee committed in the course and scope of the latter’s employment.
In light of the above principle of law the question is, can the owner of a motor vehicle be held liable for the damage caused by the driver of his/her vehicle where no contract of employment exists between them? The short answer to the above question is a resounding ‘yes’! However, it all depends on the circumstances of the case. For example, the owner of a motor vehicle may lend their motor vehicle to a friend or a family member for their own purposes or they may send their friends or family member on an errand using their motor vehicle. (i.e., picking the owner from the airport or driving them to a hospital). Read more “Vicarious liability of motor vehicle owners”
Victor Chilembwe, Associate Attorney / Corporate & CommercialVictor, an Associate in our Corporate and Commercial Division, where he has been a key member of the firm’s team since 2021. With a comprehensive background in data protection, project finance, and legal compliance, Victor brings a wealth of expertise to the firm’s diverse practice areas. / See full biography
Namie Modiri, Senior Associate / Corporate & CommercialNamie Modiri, a Senior Associate in Minchin & Kelly's Corporate & Commercial Division, navigates complex transactions for local and international companies. Her expertise spans mergers & acquisitions, competition law, banking, project finance, and more. She tackles employment, trust and estate administration matters with the same dedication. A leader in regulatory laws, data protection, privacy, and communications law, Namie advises clients across diverse industries. Her experience extends to public-private partnerships, energy regulation, and financial services law. Joining Minchin & Kelly in January 2017, Namie's contributions continue to impress. / See full biography
Obakeng Mmopi, Associate / Financial RecoveriesObakeng Keith Mmopi is a dedicated attorney with a strong focus on Financial Recoveries. Joining Minchin & Kelly in January 2021, he brings a strategic approach to managing and resolving complex financial disputes. His keen interest in Labor Law and Tax Law enhances his ability to provide comprehensive legal services, ensuring that clients receive well-rounded and informed counsel. Whether navigating the intricacies of financial recoveries or exploring the nuances of labour and tax regulations, Keith is committed to delivering exceptional legal solutions to both individuals and businesses. / See full biography
Isaac Ntombela / Partner and Head of Corporate & CommercialIsaac Ntombela, ranked Band 3 in General Business Law – Botswana by Chambers Global in leads the firm's Corporate & Commercial division as Partner. He advises local and international companies on a broad range of commercial matters, including mergers & acquisitions, competition law, tax, and regulatory compliance. His expertise spans transactions, corporate governance, and all aspects of company law. Isaac started his career in January 2010 as a lecturer with Gaborone Universal College of Law. He joined the Attorney General's Chambers for a short stint from August to September 2011 focusing on litigation. Isaac then joined Minchin & Kelly (Botswana) in October 2011 as a professional assistant in the Corporate and Commercial Business Unit and was promoted to Partner in January 2017. / See full biography
Terence Dambe/ Managing Partner and Head Of Real EstateTerence steers Minchin & Kelly (Botswana) as Managing Partner. Leading the Real Estate practice, he offers comprehensive legal guidance on property and mining transactions, crucial to the firm's success. His expertise extends to major commercial deals, particularly in property, mining, and energy sectors. Since joining Minchin & Kelly in 1989, Terence has risen through the ranks, becoming partner in 1993 and ultimately, Managing Partner in 2006.. / See full biography
Tatenda C. Dumba / Partner and Head of Banking & Project FinancePartner Tatenda Dumba spearheads Minchin & Kelly (Botswana)'s Banking and Project Finance Division. Her practice encompasses project finance, debt & equity markets, derivatives and hedging transactions and public-private partnerships (PPPs). This breadth of knowledge extends to mining, energy, retail and property development. Tatenda’s experience in advising multinational banks and development financial institutions on cross-border transactions makes her a sought-after expert in banking and finance, ISDA, custodian and insolvency matters. Recognized by Chambers and Partners (Band 3) for her finance and project acumen, she is a trusted advisor for a diverse spectrum of clients. She joined Minchin & Kelly (Botswana) in 2017 as a senior associate and her talent and dedication led to her well-deserved partnership promotion in July 2019. / See full biography
Obakeng Nthomamisi, Associate / Civil & Corporate LitigationObakeng is a dedicated Associate in Minchin & Kelly (Botswana)'s Civil & Corporate Litigation Division. After joining the firm in May 2019 as a legal assistant, his talent, dedication and hard work led to his admission as an attorney in February 2020, having graduated 3rd in his class. Obakeng continues to perfect his skills in dispute resolution. In addition to being an astute civil litigator, Obakeng is a qualified arbitrator and has experience dealing with arbitrations. / See full biography
Nyaradzo Mupfuti / Partner and Head of Financial RecoveriesNyaradzo Mupfuti heads the Financial Recoveries Division at Minchin & Kelly (Botswana), specializing in debt collection legal services tailored for banks, insurers, financial institutions and various other entities. In addition to her expertise in collections, Nyaradzo offers strategic guidance to businesses navigating evolving debt collection policies and regulations. She oversees the soft collection operations within the firm's debt collection portfolio and provides clients with valuable insights into effective debt collection strategies. She possesses extensive knowledge and experience in civil litigation cases as well. / See full biography
Lesego Babitseng / Senior Associate and Head of EmploymentLesego is a seasoned attorney with over a decade of experience in general civil and commercial litigation, with particular emphasis on employment law, medical malpractice, insurance law and procurement law. Lesego has also successfully represented numerous clients in complex litigation matters, thereby making him a well-rounded attorney for your legal needs. He joined Minchin & Kelly (Botswana) in December 2017 and has steadily grown his practice and reputation. / See full biography
Jayne Cross / Partner and Head of Civil & Corporate LitigationJayne Cross heads the Civil & Corporate Litigation Division at Minchin & Kelly (Botswana). Jayne tackles complex litigation related claims relating to, amongst other things, commercial disputes, insurance law, insolvency and liquidations. She has been involved in many intricate legal proceedings both in and outside Botswana and regularly works with international clients and firms. Her expertise in domestic and cross-border litigation is recognized by Chambers Review, in which she has been ranked from 2017 to date. Beyond the courtroom, Jayne also guides clients on the best strategies and practical commercial solutions to be adopted. / See full biography