Firm / Organisation

MawereSibanda

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This content is provided by MawereSibanda.

Managing Partners: Tatenda Mawere, Alec Tafadzwa Muza, Regis Chawatama N
umber of partners: 7
Number of lawyers: 20 Languages: English, Ndebele, Shona, Mandarin

Firm Overview:
Founded in 2001, MawereSibanda is a prime commercial law firm headquartered in Zimbabwe’s capital, 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. It is a key player in crossborder commercial transactions within the Common Market for Eastern and Southern Africa (COMESA) and the Southern African Development Community (SADC).

It is an active member 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 it stays abreast of international trends and standards thereby positioning the firm as a competent global player.

Main Areas of Practice:

Banking & Finance:
The firm advises the majority of the country’s banks and financial institutions in various financial and securitization transactions. It has an intimate and current knowledge of the legal and regulatory framework governing banking and financial matters in Zimbabwe and Botswana. The firm advises on the following:
■ Loan syndication
■ Project financing
■ Legal due diligences
■ Preparation of standard documentation used in banking business
■ Corporate lending
■ Real estate financing
■ Exchange control regulations
■ Securitisation
■ Complex restructurings

Infrastructure: The firm handles institutional and property company investment mandates, multi-jurisdiction portfolio management, complex fund structuring, niche-market real estate projects and precedent-setting regeneration schemes. It provides the following services:
■ Feasibility studies
■ Regulatory compliance matters
■ ICT infrastructure contracts
■ Structuring, funding and implementation of publicprivate partnerships such as toll roads, bridges, railway and public infrastructure such as schools and hospitals
■ Project financing
■ Advising on property registration and securitisation
■ Advising on and drafting transaction documentation on housing scheme developments
■ Tax advice on property matters
■ Sale and purchase agreements
■ Conveyancing
■ Mortgage financing 
■ Mortgage bond registrations
■ Ownership and lease disputes

Mining & Energy:
MawereSibanda has experience advising in commercial and corporate matters in the energy sector. The firm has advised clients in power development projects including hydro-thermal, natural gas and solar power projects. Financial institutions turn to MawereSibanda when financing energy projects and the firm has experience in the structuring and negotiation of commercial transactions.
The firm has a long history of advising local and foreign clients investing in the mining industry and its clients include issuers listed on the Zimbabwe Stock Exchange. Its services in this area include advice in:
■ 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

Corporate Advisory:
The corporate advisory division advises clients on listing and corporate-governance related matters. The team includes experts in employment and labour law, company law and tax law. Work includes:
■ Advice on minimizing legal and regulatory risk
■ Drafting and reviewing employment contracts, employee policies and disciplinary procedures, terminating employment arrangements
■ Legal due diligence exercises
■ Mergers and acquisitions, tax, employment and structuring issues
■ Capital management, buy-backs and capital reductions
■ Company secretarial assistance to companies
■ Stock exchange rules and regulations advice

Dispute Resolution:
The firm offers representation in a wide array of matters through litigation and alternative dispute resolution:
■ Contractual disputes
■ Debt recoveries
■ Shareholder and partnership disputes
■ International investment disputes
■ Arbitration, mediation and conciliation of disputes

Intellectual Property:
The firm offers clients practically applied IP knowledge and expertise and understand the challenges involved in running a business in a constantly evolving environment. Its work includes:
■ Trademark, patent, utility model, and industrial design filings, renewals and prosecutions
■ Plant breeders’ rights
■ IP policies, strategy and management
■ IP audits and due diligence
■ Patent, trademark and copyright litigation
■ Technology licenses and joint ventures
■ Licensing, sponsorship and franchising agreements
■ Review of IP related agreements