Our Articles

Garnishee Proceedings

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”

Minchin Kelly 23/01/2019 Financial Law

Vicarious liability of motor vehicle owners

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”

Minchin Kelly 23/01/2019 Legal Advice

Transfer Duty (Amendment) Bill, 2018

The Transfer Duty Amendment Bill No. 32 of 2018 was published in the Government Gazette on the 2^nd November 2018 for consideration and debate by Parliament.

The Bill proposes various amendments to the Transfer Duty Act Cap 53:01 in respect of transfer duty payable on the sale of immovable property and various rights therein. Read more “Transfer Duty (Amendment) Bill, 2018”

Minchin Kelly 16/11/2018 Property Law

Major changes to note with the New BSE Rules

Recently Tatenda Dumba, a senior associate in our Corporate & Commercial Division attended the Botswana Stock Exchange Limited Listing Requirement Refresher Workshop which was held at the BSE offices on the 18^th of October 2018. The Refresher Workshop was to highlight the proposed New Listing Requirements that are anticipated to come into effect in January 2019. Read more “Major changes to note with the New BSE Rules”

Minchin Kelly 02/11/2018 Commercial Law, Financial Law

Data Protection Act 101 – What you need to know

The Data Protection Act 2018 (the “DPA”) was assented to by the Parliament on 3^rd August 2018 and is currently on notice. As the first local statutory enactment focused solely on protection of personal data it is without doubt a critical piece of legislation. Read more “Data Protection Act 101 – What you need to know”

Minchin Kelly 15/10/2018 Commercial Law

Trust Property Control Act

The newly introduced Trust Property Control Act has been a long-awaited development in our jurisdiction. Before the Act, Trusts were governed by common law principles, with the popular trust instrument being the Notarial Trust Deed. Read more “Trust Property Control Act”

Minchin Kelly 15/10/2018 Property Law

WIN Africa

Minchin & Kelly (Botswana), (“M&K”), hosted its second WIN Africa event on 31^st August 2018 at the Peermont Grand Palm Hotel, Gaborone, Botswana, at which the entire M&K team of attorneys was in attendance. Read more “WIN Africa”

Minchin Kelly 15/10/2018 Commercial Law

Corporate Botswana is ready for Corporate Governance

Corporate governance is a set of rules and practices by which a governing board is supposed to ensure accountability, fairness and transparency in an organisation’s relationship with its stakeholders. Corporate Botswana developed its own corporate governance code in order to address perceived gaps in the existing governance structures. This was mostly an adoption of the King III. Read more “Corporate Botswana is ready for Corporate Governance”

Minchin Kelly 15/10/2018 Civil Rights Law

The conundrum of holding mortgage bonds as security for multiple lenders

Financing of large scale projects or infrastructure requires substantial funding to the extent that a bank or a financial institution is often not prepared or does not have the capacity to fund the project or infrastructure solely. To deal with this, lenders often form a consortium to finance the project or infrastructure collectively. Read more “The conundrum of holding mortgage bonds as security for multiple lenders”

Minchin Kelly 07/08/2018 Banking Law, Property Law

NBFIRA’s powers challenged

The Non-Bank Financial Institutions Regulatory Authority (NBFIRA) is the body charged with regulating non-bank financial institutions and improving the fairness, efficiency and orderliness of the non-bank sector and the stability of the financial system.

Read more “NBFIRA’s powers challenged”

Minchin Kelly 26/07/2018 Banking Law