The Fields Precinct - Lot 54349 - CBD, Office Block B, 3rd Floor

+267 391 2734

Our Articles

Chats Foundation Wellness Day

This past weekend Team M&K (also known as Team Mufasa), participated in the annual Chats Foundation Wellness Day, an event hosted by the Chats Bua Le Nna Foundation dedicated to raising awareness on gender-based violence and providing support to victims and organizations tackling GBV in Botswana.

There’s nothing quite like the atmosphere of good fun and a little bit of healthy competition to bring about a sense of team spirit and boost morale!

We’d like to thank the Chats Bua Le Nna Foundation for including us in the event and their fight against GBV.

We stand together with all the victims of gender-based violence as we fight for a better future.

Minchin Kelly Events, Social Events

Annual Winter Internship Programme

Interns are like uncut diamonds, they have flaws, but once you cut them well, they can become something great, and that’s what we have been doing for the past two months – cutting diamonds.

Galaletsang Mogapaesi, Tshireletso Moleofe & Lesego Malatele joined us for our Annual Winter Internship Programme on the 1st of June. The programme ran from the 1st of June 2023 to the 28th of July 2023. Their presence certainly brought a different spirit and passion to the office.

“The experience was amazing, I loved every single moment. The knowledge, the challenge, the work ethic, the overall coordination and the impact its had on my personal life and professional growth. I will forever be grateful to M&K for the opportunity. I have been truly inspired.” – Tshireletso Moleofe

“Undoubtedly, I used to be overwhelmed with a sense of urgency to deliver the answer when given a research task. I learned to be patient and diligent so as to deliver a research report only when I have comprehensively answered all the issues therein. This would aid me not to rush to render advice to clients before having comprehensively considered all the options that they might have.” – Lesego Malatele

“My two months stay at M&K was an eye-opening experience. I had the privilege of working with an outstanding legal team which boosted a lot of my hidden traits and skills. I had the opportunity of exploring the different departments in M&K and this taught me that the legal field can be quite dynamic. This helped me garner the knowledge of adapting swiftly to different circumstances and remaining composed under pressure. My experience also reinforced the significance of precision in any work I produce and as my supervisor always says, “Check your work and check it again!” – Galaletsang Mogapaesi

We wish them all the best in their future endeavours!

Minchin Kelly Internship Programme

Public Procurement (National Electronic Procurement) Regulations

On 30 June 2023, the Public Procurement (National Electronic Procurement) Regulations were published. They are aimed at providing a guide on the use of electronic procurement processes. They do so by establishing the National eProcurement System (“the NePS”), amongst other things.

The NePS is intended to be used by procuring entities and bidders to enhance efficiency and transparency in public procurement processes. It will allow procurement documents to be uploaded onto it and allow procuring entities and/or bidders to withdraw and/or amend the documents they have uploaded.

The NePS will also allow stakeholders to have access to, amongst other things, issued tenders, procurement notices, quotation submissions and requests, contract management and e-payment, with detailed descriptions of the relevant tenders. The NePS will also allow a tender to be awarded and the relevant contract signed (whether manually or electronically) through it.

To ensure the security and integrity of the NePS, procuring entities will have to be validated. They will also be required to maintain confidentiality. The NePS itself will provide an end-to-end audit trail which shows the activity of a specific procurement process.

Minchin Kelly Regulatory

Terence Dambe appointed an Arbitrator of the Court of Arbitration for Sport (CAS)

We are pleased to announce that the International Council of Arbitration (ICAS) has appointed Terence Dambe an Arbitrator of the Court of Arbitration for Sport (CAS). Terence has a long history of involvement with football administration from a legal perspective. From 2001 to 2006 he served as Legal Advisor, National Executive Member of the Botswana Football Association (BFA) and ex-officio member of the BFA Disciplinary Committee, during which time he formed part of the team that effected transformative changes to the BFA Constitution. In 2007, as part of the Confederation of African Football (CAF) 50 Years Golden Jubilee Awards, he was one of fifty Batswana who were honoured for their efforts towards the development of football in Botswana. He is a past member of the CAF Legal Affairs and Player Statutes Committee. He currently serves as Chairman of the Botswana Football Association Disciplinary Committee, a post he will resign from as a result of this appointment.

We wish Terence all the best in his new role.

Minchin Kelly Firm Update

The Transfer Duty (Amendment) Act No. 5 of 2023 came into effect on the 3rd May 2023

The highlights:

  • New tribal land and state allocations are not subject to transfer duty
  • Transfer duty on the sale of property to non-citizens has been reduced from 30% of the value or purchase price (whichever is the higher)  to 10% for any purchase/value up to P2,000,000 and 15% for any purchase/value in excess of P2,000,000
  • The Commissioner General shall use council valuations or appoint a competent and disinterested person to determine the just and fair value of properties in tribal areas
  • With transactions involving immovable property on tribal land, the Commissioner General may at his/her discretion request a valuation certificate executed by a valuer registered in accordance with the Real Estate Professionals Act
  • The amount upon which citizens shall not be charged transfer duty has been increased from the first P1,000,000 to the first P1,500,000 of the total purchase price or value of the immovable property
  • With various transactions which have been exempted from transfer duty under the Act, valuation certificates shall not be required neither will the submission of declarations to the Commissioner General
  • Where value added tax is payable in a property transaction, transfer duty shall be waived
  • Immovable property acquired by a parent of a deceased child who dies intestate without a spouse or child shall be exempt from transfer duty
Minchin Kelly Legal Updates, Legislation, Property Law

Public Procurement Regulations Statutory Update

On 28 March 2023, the Minister of Finance (“the Minister”) caused to be published in the Government Gazette the much-awaited Public Procurement Regulations (“the Regulations”). The Regulations apply to all public procurement activities except for those determined by the Minister to require a different procurement procedure. The Regulations clarify the practical application of procurement processes and procedures as read with the Public Procurement Act.  They also provide for, amongst other things, procurement entity structuring, reservations and preference schemes.

Minchin Kelly Regulatory

New Head of Employment Department

We are proud to announce that Lesego Babitseng, a senior associate in our Civil & Corporate Litigation department, has been appointed as the new head of our Employment department.

Lesego has experience in various areas of the law such as employment, financial recoveries, insurance, medical malpractice, contract, procurement and insolvency.

He is excited to take on this new role and we wish him the very best in his new position.

Minchin Kelly Firm Update

Dave Williams Award

The David Williams Book Prize Award is an award given by Minchin and Kelly to the highest performing 4th year law student at the University of Botswana. It is named after Mr. David Williams, a former managing partner at M&K. The prize honours Mr. William’s passion for law and his love of books.

This year we had the pleasure of presenting the award to Keatlaretse Leanne Svetlana Remia Sebeso. In receiving the award, Ms. Sebeso expressed sincere gratitude and said the following;

“This prize is a great way to show students that their efforts don’t go unnoticed. Thank you, M&K. You have motivated me to keep working hard.”

Well done Leanne!”

Minchin Kelly Award

Dispute Resolution & Compliance

  • Comprehensive Representation: We represent you in all employment-related forums, including the Department of Labour Arbitrations, Industrial Court, High Court, and Court of Appeal.
  • Department of Labour Liaison: We handle interactions with the Department of Labour on your behalf, streamlining the process and ensuring a smooth resolution.
  • Unfair Dismissals, Labour Practices & Discrimination: Challenge wrongful terminations, unfair labour practices, and workplace discrimination. We fight for fair treatment and a just outcome.
  • Wage & Benefit Disputes: Recover unpaid wages, overtime, leave pay, and severance pay you are rightfully entitled to.
  • Retrenchments: We guide you through retrenchment processes, addressing issues like unfair dismissals, restructures, industrial action, severance benefits, trade disputes, and employer-employee relations.
  • Disciplinary Proceedings: We assist with disciplinary hearings, ensuring fair procedures and protecting your rights.

Employee Benefits

  • Independent Contractors & Fringe Benefits: We clarify the application of pay-as-you-earn (PAYE) to independent contractors and fringe benefits, ensuring you meet all tax reporting requirements.
  • Share Schemes & Employer Benefits: We provide clear guidance on the tax implications of share schemes and other benefits employers are required to offer, minimizing potential tax liabilities.
  • Non-Compliance Identification: We help you identify areas of potential non-compliance with tax regulations related to employee benefits.
  • Benefit Restructuring: Our team can assist with restructuring your employee benefit programs, including share incentive schemes, to optimize tax efficiency and minimize tax burdens.
  • Pension & Provident Funds: We provide comprehensive support with pension and provident funds, as well as other retirement benefits for your employees.

Corporate Immigration

  • General Work Permits: Obtain the necessary permits for skilled professionals from outside Botswana.
  • Intra-Company Transfer Work Permits: Facilitate the smooth relocation of employees within your organization.
  • Special Skills Work Permits: Secure permits for highly specialized roles where local skills are unavailable.
  • Family Visas: Help spouses and dependent children obtain the necessary visas to join their loved ones in Botswana.
  • Study Permits: Support the educational pursuits of international students.
  • Permanent Residence: Guide individuals through the process of obtaining permanent residency in Botswana.
  • Temporary Residence: Assist with securing temporary residence status for those with specific needs.
  • Immigration Regulations & Updates: Stay ahead of the curve with our up-to-date knowledge of Botswana's Department of Home Affairs requirements.
  • Legal Queries & Support: We address your legal questions regarding immigration processes and ensure you have the information needed to make informed decisions.

Consulting

  • Employment Law Advice & Opinions: We provide insightful legal advice and opinions on a wide range of employment matters, from corporate restructuring to performance management.
  • Commercial Issues with Employment Implications: We help you navigate the intersection of commercial decisions and their potential employment law implications.
  • Corporate Restructuring & Retrenchment: We guide you through the entire restructuring process, including offering step-by-step guidance, managing consultations, drafting essential documentation, and representing you at bargaining council meetings.
  • Disciplinary Procedures: Our team assists with drafting notices, preparing for hearings, and representing you at disciplinary proceedings (when permissible).
  • Performance Management: We offer strategies for managing underperforming employees, including the introduction of performance management systems and employee grading processes.
  • Transfer of Business as a Going Concern: We advise on valuation, apportionment of liability, and restructuring during business transfers, ensuring a smooth transition and compliance with relevant regulations.
  • Mergers & Employee Impact: We facilitate the employee consultation process during mergers, prepare impact reports, and support your merger filing with the Competition Commission.
  • Employment Law Acts: We stay up to date on essential employment law legislation, including the Basic Conditions of Employment Act (BCEA), Employment Equity Act (EEA), Compensation for Occupational Injuries and Diseases Act, Employment Services Act, and Occupational Health and Safety Act (OHSA). We can advise you on your obligations and ensure compliance with each.

Victor Chilembwe, Associate Attorney / Corporate & Commercial

Victor, 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 & Commercial

Namie 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 Recoveries

Obakeng 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 & Commercial

Isaac 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 Estate

Terence 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 Finance

Partner 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 Litigation

Obakeng 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 Recoveries

Nyaradzo 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 Employment

Lesego 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 Litigation

Jayne 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