It’s the season of giving and in keeping with that spirit, we here at Minchin & Kelly have put together a donation package for a family in need. As we enter this festive month and look forward to spending time with family and friends, let’s remember to spread holiday cheer and kindness wherever we go.
The 1st of December has signified World AIDS Day since 1988, an international day dedicated to raising awareness of the AIDS pandemic caused by the spread of HIV infection. This year’s theme is “equalize” which focuses on an increased access to HIV treatment, testing and prevention services by bettering their availability, quality, and applicability. Together we can help put an end to inequality and stigma.
If you would like to find out more about HIV/AIDs, click the link below:
#WorldAIDsDay #PracticeProtection #EndHIVStigma #Equalize
The Botswana Intellectual Property Policy, 2022 (“BIPP”), a government policy initiated by the Companies and Intellectual Property Authority (“CIPA”), was launched on the 16th of November 2022. The BIPP highlights the scope of intellectual property (“IP”) in Botswana, recognises new IP categories and navigates the landscape of domestic law, international conventions, protocols, and treaties. It focuses on, among other things, financing for IP creation and commercialization, IP entrepreneurship & enterprise development, and the strengthening of IP negotiation structures. The BIPP essentially addresses challenges of harnessing Botswana’s IP potential and provides an institutional structure for IP. The BIPP is due to be implemented in February 2023 and is sure to usher in a new appreciation for IP law in Botswana.
The Income Tax (Superannuation Funds) Regulations No. 147 of 2022 (“the Regulations”) were signed by the Minister of Finance on October 25, 2022. The Regulations came into effect on 11 November 2022. One of the significant changes brought about by the Regulations is that the rules of a pension fund may now allow a retiree to withdraw up to 50% of his or her pension at retirement. Previously, a retiree was only allowed to withdraw up to 33.5%. Furthermore, an employee who is a member of pension funds where his or her employer contributes at least 51 percent of total contributions may now retire at any time after the age of 45, provided his or her employer approves same.
On the 29th September 2022, Parliament passed the Transfer Duty (Amendment) Act No. 40 of 2022, which exempts holders of licenses under the Special Economic Zones Act from paying transfer duty for property acquired for the purpose of carrying on business in the economic zone approved in the license. The amendment shall come into effect on notice issued by the Minister of Finance published in the Government Gazette.
Today we are raising awareness for Breast Cancer and showing our support for those who have been affected by it.
Fighting cancer is not about the statistics and the success rates. It’s about our ability to persevere and persist as our strength to overcome life’s challenges cannot be measured on paper.
Screening matters, early detection saves lives 🤍❤
#Ipledgepink #Thinkpink #Breastcancerawareness”
This past weekend our team took to the field and demonstrated our long-standing values of support and collaboration in the Gaborone Club Corporate 5-a-side Tournament.
In 36-degree scorching heat, the team laced up their boots, put on their sunscreen and through hard work, sweat and determination, trailblazed their way into the finals and earned themselves a second-place finish.
A huge congratulations to team M & K!
Part of the day-to-day life in our office is to stand tall and challenge ourselves to think big. We do so because we are bold and being bold is one of our core DLA Piper Africa values.
On the 23rd September we had a ‘Twin Day’ to celebrate our value of being bold. We encouraged our staff to be bold in choosing their outfits and they surely did!
In twinning, we had lots of fun appreciating our differences and celebrating our similarities. From funky socks to bucket hats we embraced the wacky and wonderful, drawing inspiration from each other and capturing priceless moments along the way. Here’s to our incredible team, who embody our values and look identical doing it.
Let’s see if you can spot the difference!
#DLAPiperAfrica #BeBold #BeCollaborative #Values #TwiceAsNice #Twinning
We are proud to announce that on the 9th of September 2022, our Corporate & Commercial Division together with our Real Estate Division, successfully hosted another WIN (What In-House Lawyers Need) event. This was our third WIN event this year and it took the form of an open table discussion. Two (2) pieces of legislation were discussed: the Tribal Land Act (No. 1 of 2018) and the Movable Property (Securities Interests) Act (No. 5 of 2022). The aforesaid acts recently came into effect and immensely impact the landscape which governs the granting of credit facilities and the pledging of security in Botswana.
The discussion on the Tribal Land Act and its implications on the credit facility and security environment was led by Mr Terence Dambe, who is the Managing Partner of the firm and the Head of the Real Estate division. The discussion on the Movable Property (Securities interests) Act was led by Ms Tatenda Dumba, who is a Partner in the Corporate & Commercial division. Mr Victor Chilembwe, a pupil attorney with the firm, facilitated the discussions. The event was a huge success, and we would like to extend our sincere gratitude to the stakeholders who attended the event and shared their views regarding the two acts.
As part of International Women’s month, we brought together our in-house clients to listen to a group of successful business women. Ludo Tema (Group Legal Counsel of Debswana), Lorato Boakgomo–Ntakhwana (former CEO of FNB Botswana and CEO of Sally Dairy) and Jackie Pennington (Partner and Head of Finance, Projects & Restructuring at DLA Piper (South Africa) shared their experiences of leadership, overcoming the challenges they have faced, work/life balance, succeeding in a male dominated world and the importance of building networks – and how to use these learnings to prosper at the top.
During the session moderated by Nyaradzo Mupfuti (Partner and Head of Financial Recoveries and Employment practices) and Namie Modiri (Senior Associate in Corporate & Commercial practice), our panellists shared wise words about becoming a leader when it may not come naturally, being good at what you do and earning your place at the boardroom table, how you manage the balance between work and life, how to stay true to yourself and much more. (See our social media post about the event here.)
After almost a two year gap in in-person events, this event provided a much needed opportunity for our attendees to engage and network with peers and our panellists.
We share this with you today, as we want to acknowledge the value our clients found in this event and the WIN platform. By listening to our clients and using their feedback to develop the themes for this event we were able to add value to both existing and potential in-house clients. As Partners, we are thrilled to run in-country events like this and we look forward to what the launch of the African Thought Leadership and Benchmarking reports and the International WIN calendar will bring.
If you have any questions on this event or would like us to share our panellists briefing notes with you, feel free to contact:
Nyaradzo Mupfuti, Partner
Minchin & Kelly (Botswana)
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