Managing Partner: John Carr-Hartley
Number of partners: 4
Number of lawyers: 12
Languages: English, Setswana
Established in 1983, Armstrongs prides itself on delivering innovative and practical legal solutions of a global standard to its clients.
The firm is recognised for its pioneering and developmental role within the various commercial sectors in Botswana, having proudly influenced precedents in multiple areas of law through its frequent involvement in notable transactions and landmark cases.
The firm’s success is built on a solid foundation of the renowned experience of its Partners and Senior Attorneys, the quality expertise of its powerful team of Attorneys and its dynamic ability to anticipate and identify legal and regulatory risks in the market and to design timely and efficient solutions to achieve the best legal outcome for its clients.
The result of this formidable combination is that the firm enjoys consistent acknowledgement from leading global industry bodies and publications that appreciate excellence in legal practice, as well as ranking agencies and legal surveys that recognise the firm as a top tier legal service provider.
Main Areas of Practice:
Banking & Finance:
The firm provides legal advice across all sectors and in respect of the full spectrum of financial products including syndicated lending, project finance, asset finance, acquisition finance, structured finance and leasing. The commercial team, lead by partners Mark McKee and Sipho Ziga, who between them have considerable international and local experience in this sector, also advise on finance sector regulation, insolvency and restructuring. Their clients include all major banks, large commercial enterprises (both local and international), global financial institutions, multinational corporations and parastatals.
As legal advisor to the majority of share, note and bond issues which have been listed on the Botswana Stock Exchange and Government bond issues, the firm has vast experience in respect of local banking law, the Botswana Stock Exchange Listing Requirements, the Companies Act, the Botswana International Financial Services Centre rules and regulations, and Income Tax. Most recently Armstrongs acted for the IFC in its ground-breaking listing of its Pan-African Bond.
The firm advises on a diverse range of commercial transactions and activities including joint ventures and business partnerships, purchase and sale transactions, agency agreements, franchises, management and outsourcing arrangements, logistics and many more. Corporate: Armstrongs provides advice and legal services to a large number of pre-eminent BSE listed and unlisted companies in Botswana on a wide range of corporate issues ranging from Stock Exchange compliance, corporate governance, acquisitions, takeovers, competition law, sell-downs, due diligence reviews and income tax structuring. The firm is known as the market leader in the field of competition law and anti-trust law services and is instructed on the vast majority of big ticket transactions requiring Competition Authority approval.
Employment & Human Resources:
The firm’s employment and human resources practice advises a number of industries ranging from the mining, banking, construction and rail industries. The firm has established itself a leader in providing effective practical solutions to employment and labour matters and is regularly called upon to advise on employment restructurings and retrenchment planning. The practice acts for major listed and unlisted domestic and international entities and is headed up by Moemedi Tafa, who is well-renowned for his solution-orientated tact in both contentious and non-contentious employment matters. The practice has a high and successful presence in litigious matters at the Industrial Court, the High Court as well as the Court of Appeal. Of recent, the practice has been involved in various matters representing the Southern African Development Community (SADC) in both domestic Courts and the recently-established SADC Administrative Tribunal. With such mandates, the practice has propelled itself into the international law arena and has maintained its clear and focused direction on exceptional service to clients. The practice continues to be at the forefront of jurisprudential development in this field and provides unparalleled advice and guidance to the firm’s internationally spread client-base.
Litigation & Arbitration:
The firms’ litigation, arbitration and dispute resolution practice undertake litigation in the High Court, Court of Appeal, Industrial Court and Land Tribunal. The firm enjoys a formidable reputation for its expertise in the litigation and arbitration field and the senior litigation partner (John Carr-Hartley) has more than 28 years litigation experience. It is therefore no surprise that when the Chief Justice and a Justice of the Court of Appeal required the services of litigation attorneys, they approached Armstrongs’ litigation team, and were both successful. John Carr-Hartley’s and Moemedi Tafa’s areas of specialisation include commercial litigation, international and local commercial arbitrations, advocacy, construction and civil engineering arbitrations and dispute resolution and employment law. The firm is well known in the litigation and arbitration field for its innovative and pragmatic approach to dispute resolution.
Minerals, Resources & Energy:
Armstrongs is the firm of choice for the mining and resource sector. The firm provides services to the majority of multinational and domestic companies operating in the resources sector, and with a thorough knowledge of the Mines and Minerals Act and related legislation, frequently liaises with the Ministry of Minerals, Energy and Water Resources, and the departments thereof on behalf of clients. The firm’s mining partner (Sipho Ziga) has a keen interest in the resources sector and acts on an on-going basis for numerous local and multi-national companies with interests in Botswana by assisting with company formations; due diligence; compliance issues; applications for licences and capital raising. The firm, through its energy partner (Mark Mckee) is also highly active in the energy sector having advised the Botswana Power Corporation (and other players in this sector) on a variety of energy matters including a number of power purchase transactions, fuel supply agreements and O&M outsourcing arrangements.
The firm leads the field in privitisation in Botswana, having assisted with the formulation of the Government Policy on privatisation, and having advised on a number of high profile privatisations including the proposed merger of the National Development and Botswana Savings Banks, and the proposed privatisation of Air Botswana and the Botswana Telecommunications Corporation and the proposed merger of Botswana Post and the Botswana Savings Bank. Most recently the firm acted as legal advisor to the demutulisaion of Botswana Building Society.
Regulatory & Compliance:
Armstrongs has an exceptionally strong regulatory and compliance practice and has played a pivotal role in the development of the Botswana Stock Exchange (‘BSE’), the collective investment undertaking industry, and the International Financial Services Centre, including assisting in the formulation of applicable legislation and regulatory regimes. The firm regularly acts for the Non-Bank Financial Institutions Regulatory Authority in respect of the enforcement of its mandates and other financial sector organisations to assist with compliance.
Managing Partner – Litigation: John Carr-Hartley
Email: [email protected]
Partner – Commercial & Mining: Sipho Ziga
Email: [email protected]
Partner – Commercial, Banking & Finance: Mark McKee
Email: [email protected]
Partner – Employment & HR: Moemedi Tafa
Email: [email protected]