Minchin & Kelly (Botswana)

Managing Partner: Terence Dambe
Number of partners: 5
Number of lawyers: 4
Languages: English, Setswana

Firm Overview:
Minchin & Kelly (Botswana) ("M&K")provides high quality, client-centric legal service to both local and international clients. The firm is a one stop shop for all legal services. Practice areas include banking and finance, energy and oil, infrastructure, commercial litigation, mergers and acquisitions, real estate, high-end labour law and financial recoveries. The firm’s clients include parastatals, financial institutions, insurance companies, Botswana Government, global corporations and SMMEs. Minchin & Kelly is the Botswana member firm of DLA Piper Africa, which has unrivalled geographic reach throughout the continent.

Main Areas of Practice:
Banking & Finance
Commercial & Corporate
Insurance
Resources & Energy
Real Estate
Commercial & Civil Litigation
Mergers & Acquisitions
General & Criminal Litigation
Financial Recoveries

Banking & Finance:
M&K advises on all aspects of banking and finance, including project finance, Public Private Partnerships (PPPs), asset finance and leasing, acquisition and structured finance. M&K also advises on the regulatory and compliance aspects of banking and non-banking financial institutions. Transactional work includes cross-border project financing, cross-border liquidity management services, cross-border debt financing to foreign utility companies. Examples of the firm’s expertise include involvement in the US$1 billion Morupule B Power Station extension where it advised the Botswana Power Corporation on the debt financing aspects thereof, advising Tshukudu Metals Botswana a subsidiary of Sandfire Resources Limited,one of the largest copper focused companies on the Australian Securities exchange on the US$ million finance facility uplift for the expansion of the Motheo Copper project.

Key Clients: FNB Botswana, Botswana Insurance Fund Managers, RMB, Stanbic Bank Botswana, Botswana Public Officers Pension Fund ("BPOPF"), Botswana Development Corporation (BDC), Access Bank, African Export Import Bank, Finnish Fund for Industrial Co-oprahan Limited, Opec Fund for International Development, Dutch Development Bank.

Contact: Tatenda Dumba
Tel: +267 391 2734
Email: [email protected]

Corporate & Commercial:
M&K regularly advises on a number of cross border and domestic corporate transactions. The firm’s corporate and commercial team has extensive Infrastructure, Projects, M&A, PPP, and Mining experience. The team’s expertise extends to handling the full transactional scope including structuring, financing, listings, tax, competition, and other related regulatory requirements. In addition to advising on corporate transactions, M&K provides clients with comprehensive guidance throughout the entire company life cycle, encompassing its establishment, expansion, strategic transformations, and, if necessary, dissolution. The corporate and commercial team ensures that clients have the necessary support to navigate the intricacies throughout each phase of their business journey.

Key Clients: Sandfire Resources Limited, Morupule Colliery Limited, Botswana Railways, Botswana Oil Limited, Vulcan Inc, Cummins Africa

Contact: Isaac Ntombela
Tel: +267 391 2734
Email: [email protected]

Insurance:
M&K has a robust practice in this area and deals with all aspects of insurance business and litigation. M&K’s clients include various national and international insurance brokers, insurance companies and reinsurance companies.

Key Clients: Hollard Insurance Company Botswana (Pty) Ltd, B.I.C.B ltd t/a Bryte Risk Services Botswana, Minet Botswana (Pty) Ltd, Alpha Direct Insurance Company (Pty) Ltd and Botswana Insurance Company Ltd

Contact: Jayne Cross
Tel: +267 391 2734
Email: [email protected]

Resources & Energy:
M&K advises on regulatory and transactional matters relating to the mining industry as well as on all aspects of energy including the project financing thereof, off take agreements, wheeling arrangements, cross-border power purchases, emergency supply stations and other related matters. M&K has recently been engaged to advise on the set up of a coal to liquid facility by the national oil company, the construction of a fuel storage depot for the nation and the opening of a mine by Sandfire Resources Limited.

Key Clients: Sandfire Resources Limited, Puma Energy, Sekaname (Pty) Ltd, Steag Energy Services (Germany), Botswana Oil Ltd, Rio Tinto Mining and Exploration, Botswana Power Corporation, Morupule Coal Mine, Marubeni Consortium, Tshukudu Metals

Contact: Terence Dambe
Tel: +267 391 2734
Email: [email protected]

Insolvency & Judicial Management: M&K has experience in all forms of insolvency work including winding up, judicial management and sequestrations.

Key Clients: Nampak Products Ltd, Botswana Public Officers Pension Fund (BPOPF), John Hinchliffe (Liquidator of Pula Steel Casting & Manufacturing (Pty) Ltd in liquidation)

Contact: Jayne Cross
Tel: +267 391 2734
Email: [email protected]

Real Estate:
M&K registered the first title deed in Botswana in the 1890s and has been involved in property development and law ever since. M&K provided the legal framework for the establishment of the first privately developed township in Botswana. Transactions and advice cover all aspects of property law including restricted transactions under the land control legislation, major retail and commercial developments, sectional title transactions, taxation on property and related transactions, registration of mortgages and general conveyancing transactions.

Key Clients: First National Bank, Absa Bank Botswana, Botswana Building Society, Smart Partnership Enterprises, Phakalane Estates, Botswana Development Corporation, Morupule Coal Mine, Tshukudu Resources (Pty) Limited, Debswana Diamond Company (Pty) Limited, FNBB Foundation

Contact: Terence Dambe
Tel: +267 391 2734
Email: [email protected]

Financial Recoveries:
M&K undertakes debt collection matters in the form of foreclosures, vehicles repossession orders and general loan recoveries. By adopting a two- pronged approach of combining soft collection together with the legal recoveries process, M&K’s model has yielded positive results.

Key Clients: Absa Bank of Botswana, First National Bank, Stanbic Bank, Access Bank, Bank Gaborone, Old Mutual, Botswana Insurance Company Limited, Botswana Building Society, Hollard Insurance and B.I.C.B t/a Bryte Risk Services Botswana.

Contact: Nyaradzo Mupfuti
Tel: +267 391 2734
Email: [email protected]

Employment & Labour:
M&K’s employment and labour law department advises and represents clients in the following areas: retrenchments, unfair dismissals, unfair labour practices, organizational rights, payment of wages, overtime, leave, gratuity and terminal benefits. M&K further provides services in non-litigious employment matters in the area of disciplinary hearings, company restructuring exercises, drafting policies, guidelines and procedures.

Key Clients: Rio Tinto, Botswana National Productivity Centre, Steag Energy Services (Germany), Statistics Botswana, Lenmed Bokamoso Hospital, JHPiego, Cummins Africa, Bela Bela Quaries, Debswana Diamond Company (Pty) Ltd.

Contact: Nyaradzo Mupfuti
Tel: +267 391 2734
Email: [email protected]

Commercial & Civil Litigation:
M&K has a well-established litigation practice. The department deals with a broad spectrum of civil and commercial litigation relating to, amongst others, insurance, construction, mining, government tenders, medical negligence, personal damages, directors and shareholder disputes, audit negligence, insolvency, election disputes and contracts.

Key Clients: Bamalete Lutheran Hospital, Hollard Insurance Company Botswana (Pty) Ltd, B.I.C.B Ltd t/a Bryte Risk Services Botswana,

Botswana Power Corporation, Botswana Public Officers Pension Fund (BPOPF), Alpha Direct Insurance Company (Pty) Ltd, Debswana Diamond Company (Pty) Ltd, Consolidated Power Projects & Investments (Pty) Ltd, Orange Botswana (Pty) LtdCash Bazaar Holdings (Pty) Ltd, PricewaterhouseCoopers, Independent Electoral Commission, and Southern African Development Community (SADC).

Contact: Jayne Cross
Tel: +267 391 2734
Email: [email protected]