An Acknowledgment of Debt according to Blacks Law Dictionary, 8th Edition is a written document stating the recognition by a debtor of the existence of a debt commonly referred to as an “AOD”.
The said acknowledgment is an “agreement” which embodies an arrangement or understanding between or among two or more parties which purports to establish a legally binding relationship in law.
Banking financial service laws in Botswana are proposed to be amended to comply with the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG) mutual evaluation to Botswana. The banking financial service laws proposed to be amended are the Banking Act, the Proceeds and Instruments of Crime Act and the Financial Intelligence Act.
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One hopes it doesn’t come knocking in the neighbourhood, or worse, on the door of a loved one. Death is taboo in many cultures around the world. It is not a subject to unwind over after a long day at work. This is because very rarely do we feel ready for it, even though it is an eventuality for all of us.
Smart Partnership Enterprises (Proprietary) Limited (“Smart”) is the proprietor of a 9.61 hectare plot located in the new Central Business District of Gaborone. The plot, which Smart acquired from the Government in October 2009, is zoned for mixed use.
Recently the Bank of Botswana (“BOB”) affirmed a position in respect of the basis upon which financial institutions licensed to provide advances, loans and credits can increase cost in terms of a concluded and operative agreement. It is usual for financial institutions to have the right to increase their costs, increasing their interest rates during the subsistence of a loan/facility agreement. However the issue is; on what basis are the financial institutions increasing the interest rate? Is it based on a monetary policy decision or is it based on markets and/or credit disruptions?
Landlord’s tacit hypothec – A right linked to property
The relationship between a landlord and their tenant is not often smooth, more so when the tenant fails to pay rent. In that event, a landlord’s tacit hypothec comes into existence and remains in existence for so long as there is outstanding rental which is due and payable.
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In traditional Tswana society there was an over-emphasis on ‘marriage’ as constituting the basis of the family. Thus it was rare for a man and a woman to raise children together outside wedlock. Where a child was born outside wedlock, such a child was not recognised by the man’s family as being one of them until the parents of the child married each other. Indeed, the discrimination and plight of children whose parents were not married to one another was entrenched in our Tswana society. These children were often derogatorily referred to in Setswana as ‘bana ba dikgora’, which literally translates to ‘children of the fence’.[1]
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