MawereSibanda

Managing Partners: Vulindlela B. Sibanda, Alec T. Muza, Kelvin T, Madzedze
Number of partners: 8
Number of lawyers: 14
Languages: English, Ndebele, Shona, Portuguese

Firm Overview:
Founded in 2001, MawereSibanda is a prime commercial law firm headquartered in Zimbabwe’s capital city, Harare, with regional presence in Gaborone, Botswana. Most of its partners are licensed to practice both in Zimbabwe and Botswana through its associate office Makuyana Legal Practice. The firm is recognised locally and regionally for professionalism, strict adherence to high ethical standards, innovativeness and excellence in service delivery.

MawereSibanda professionals are members of the International Bar Association, Loan Market Association, International Trademarks Association, SADC Lawyers Association and the Law Society of Zimbabwe where its partners sit in various committees of these organizations. MawereSibanda’s membership and participation in these associations ensures that its experts stay abreast of international trends and standards.

Main Areas of Practice: 

Corporate Advisory and M&A
■ Principal legal advisor for several companies listed on ZSE
■ Advise buyers and sellers on private and public mergers and acquisitions
■ Advise public entities on corporate governance requirements
■ Advise on employment, pensions and incentives
■ Provide full range of services which apply to M & A transactions from our specialist lawyers
■ Advise on FDI rules for brownfield and greenfield projects in various sectors
■ Represent private equity investors
■ Advise on capital management, buy-backs, exits and capital reductions
■ Provide counsel in relation to board composition, compliance and duties
■ Provide stock exchange rules and regulations advice

Banking & Finance
The firm advises the majority of the country’s banks and financial institutions and advises corporations on the following:
■ Project financing in the private and public sectors
■ Exchange control regulation and approval
■ Acquisition financings
■ Asset financing
■ Corporate and investment lending
■ Real estate financing
■ Financial services regulation
■ Sanctions
■ Securitisation
■ Restructuring and insolvency

Infrastructure PPPs
The firm’s experience in this area includes the following:
■ Formation of joint ventures and structuring of shareholder agreements
■ Providing counsel on investment in special economic zones
■ Environment impact assessments, feasibility studies and risk matrix
■ Power development projects including hydro-thermal, natural gas and solar
■ Off-take agreements, EPC contracts, O & M agreements
■ Advising government entities on structuring, funding and implementation of PPPs
■ Regulatory compliance matters
■ Funding and securitisation
■ Due diligence reports
■ Tendering and procurement policies

Real Estate
■ Real estate development
■ Sale and purchase agreements
■ Conveyancing
■ Mortgage financing
■ Mortgage bond registrations
■ Pension fund investments
■ Commercial property leasing
■ Real estate ownership and lease disputes
■ Property registration and securitisation
■ Advising on and drafting transaction documentation on housing scheme developments
■ Real estate tax

Intellectual Property & Technology
The firm’s work includes:
■ Drafting of R & D, software licensing, technology transfer, and IP purchase agreements
■ Drafting and review of licensing, sponsorship and franchising agreements
■ Advising on M & A, disposals and joint ventures
■ Data privacy law
■ Filing of trademark, patent, utility model, and industrial designs, renewals and prosecutions
■ Protection of plant varieties
■ IP policies, strategy and management
■ IP audits and due diligence
■ Patent, trademark and copyright litigation

Mining & Energy
Its services in this area include advice in:
■ Prospecting licences,
■ Exclusive prospecting licences,
■ Mining claims,
■ Special mining grants,
■ Mineral concessions and
■ Special mining leases.
■ Construction and operation of power plants
■ Feasibility studies
■ Applying for mining licences and special grants
■ Setting up mining ventures
■ Public procurement and joint venture projects
■ Mergers and acquisitions
■ Negotiation, drafting and restructuring of power project contracts
■ Environmental law matters including environmental impact assessment
■ Zimbabwe Investment Authority and Indigenisation issues
■ Risk assessment for win/solar/hydro, biomass and waste

Dispute Resolution
The firm represents banks, corporates and regulators in complex disputes including but not limited to:
■ International investment disputes
■ High stakes legal disputes including Supreme Court litigation
■ Tax litigation
■ Product liability
■ Engineering and construction litigation
■ Intellectual property litigation
■ Employment litigation
■ Government contracts
■ Shareholder and partnership disputes
■ Arbitration of commercial disputes

Tax Law
The firm's services include:
■ Providing tax advisory services
■ Estate planning to minimise the tax liability
■ Assisting clients structure commercial transactions and investments
■ Review of tax related provisions of transaction documents such as merger agreements, acquisition agreements and loan agreements among others
■ Engaging the Zimbabwe Revenue Authority (ZIMRA) on behalf of clients and negotiating interest rates and/or penalties imposed by the revenue authority with a view to reducing the same where possible
■ Advising clients on new tax regulations and guidelines that affect them
■ Legal representation in all tax courts
■ General Tax advice

Corporate Governance
The firm provides support and advice to directors, boards and their committees and senior executives on various corporate governance matters that confront companies, businesses and the leadership. Its services include:
■ Board induction and ongoing training on board structure and procedures
■ Drafting, evaluation or advising on drafting of a Board Charter and Board Committee terms of reference and mandates
■ Training workshops on Director's duties and responsibilities in terms of Company Articles, the Companies and Other Entities Act and the Listing Rules
■ Training on director's legal and fiduciary duties both in terms of statute law and common law
■ Advising on Compliance with statute and generally international corporate governance standards such as King's Codes, designing and developing a Compliance Management System (CMS)
■ Advising and training SOE boards with special focus on compliance with Public Entities Corporate Governance Act
■ Offering company secretarial services
■ Crisis management and handling companies' public relations in times crisis
■ Perform Board and Committee Evaluations
■ Providing general legal advisory on corporate governance matters