Eleng Mugabe

Practice Areas

Eleng Mugabe is a Partner at Desai Law Group. She is admitted as an attorney, notary public and conveyancer in Botswana and is a member of the Law Society of Botswana with over 12 years’ experience focused on corporate and commercial law.

Eleng has progressive experience in providing legal and regulatory advice, structuring commercial agreements for commercial transactions as well as drafting and negotiating the commercial arrangements. She also regularly conducts and project-manages legal and regulatory due diligence investigations.

Eleng has advised domestic and international, private and public (including listed) entities from a variety of sectors including banking and other financial services, mining and resources, energy, consumer products, tourism and hospitality. Eleng has been involved in Mergers and Acquisitions, Capital Markets, Banking and Finance, Energy Projects and Project Finance . She has advised both domestic and international, private and listed companies from a variety of sectors including financial services, mining, energy, consumer products, tourism and hospitality.

Career

2020 to date: Partner, Desai Law Group

2019 to 2020: Senior Associate, Desai Law Group

2016 to 2019: Associate, Desai Law Group

2016: Legal Adviser, African Banking Corporation of Botswana Limited t/a BancABC (Secondment)

2015: Associate, Collins Newman and Co.

2014: Candidate Attorney, Collins Newman and Co.

Professional Memberships

Member of the Law Society of Botswana.

Work Highlights

MERGERS AND ACQUISITIONS

• Lead legal advisor to The Bata Shoe Company (Botswana) Proprietary Limited in the proposed sale of all of its assets in Botswana to Elite Footwear & Uniforms Proprietary Limited.

• Lead legal advisor to The Bata Shoe Company (Botswana) Proprietary Limited in the proposed franchise and distribution arrangements with Elite Footwear & Uniforms Proprietary Limited

• Co-lead legal advisor to three bidders in the proposed disposal of Khoemacau Copper Mining Proprietary Limited and conducting the required legal and regulatory due diligence investigations for the three bidders.

• Co- lead legal advisor to the selling shareholders (RMB Ventures and Ethos Africa) in Kamoso Africa Proprietary Limited in the proposed sale of their approx.. 68% shares in the company to Choppies Distribution Centre Proprietary Limited

• Co- lead legal advisor to Mascom Wireless Proprietary Limited in its proposed acquisition of MTN Business Solutions Botswana Proprietary Limited

• Lead Botswana legal advisor to Botswana Insurance Holdings Limited and Botswana Life Insurance Limited in the disposal of Botswana Life’s entire stake in FSG Limited

• Lead legal advisor to Letlole La Rona Limited in a co-investment with Grit Services Limited of a property asset in Kenya

• Co- lead legal advisor to Access Bank PLC in the approx. USD100 million transaction to acquire 78.15% equity stake in African Banking Corporation of Botswana Limited (now Access Bank Botswana Limited) from ABC Holdings Limited including providing advice on and assisting with all required regulatory approvals.

• Co-lead advisor and project manager in the legal due diligence on African Banking Corporation of Botswana Limited (now Access Bank Botswana Limited) on behalf of Access Bank PLC.

• Co – legal advisor and project manager in the limited legal due diligence on BCL Limited and its subsidiaries on behalf of Premium Nickel Resources Corporation

• Lead legal advisor and project manager in respect of several legal due diligence investigations by Mineral Development Company of Botswana in respect of potential investee companies.

• Lead Advisor to Enaex Africa in the structuring and formation of a joint venture between itself and a local partner including preparation of all required documents.

• Lead advisor and project manager in the legal due diligence on Wilderness Holdings Limited on behalf of TPG and FSI Investors in relation to the acquisition by TPG and FSI Investors of the shares in Wilderness.

• Legal advisor to Wilderness Holdings Limited in the voluntary offer by African Wildlife Holdings Limited to minority shareholders of Wilderness Holdings Limited, while Wilderness was listed on the Botswana Stock Exchange.

• Member of the legal team advising Grit Real Estate Income Group Limited, which is listed on the London, Mauritius and Johannesburg stock exchanges, on its investment into Letlole La Rona Limited, a company listed on the Botswana Stock Exchange.

• Member of the Botswana legal team to Draganfly Investments Limited, an AIM listed entity in relation to the purchase of a controlling interest in Kalahari Metals Limited and its subsidiary Triprop Holdings Limited.

• Member of the legal team and project manager in the legal and regulatory due diligence investigations on Kalahari Metals Limited, a holder of metals prospecting licences;

• Member of the legal team advising Curro Holdings Limited on the acquisition of the school business from Baobab School Property Limited.

• Member of the legal team advising Aleyo Capital LLP on the acquisition of Rainbow schools.

• Advisor to Botswana Oil in its proposed joint venture with Oman Trading International Limited (an entity wholly controlled by the Government of the Sultanate of Oman) for purposes of undertaking supply and trading activities for oil and related commodities in Botswana and the broader Southern African markets.

• member of the team advising Botswana Oil in the application to the Botswana Energy Regulatory Authority for an exclusive licence to distribute petrol in Botswana.

LISTINGS AND CAPITAL MARKETS

• Lead legal advisor to Bank Gaborone in the issuance of BWP30 million unsecured notes to Kgori Capital.

• Co- legal advisor to Bank of Botswana in the supplementary programme memorandum to increase the Government note programme issuance from BWP15 Billion to BWP30 Billion.

• Member of the legal team in the listing of CA Sales Holdings Limited on the main board of the Botswana Stock Exchange.

• Member of the Botswana legal team in the re-admission of Cradle Arc plc on the AIM Market of the London Stock Exchange plc.

• Member of the legal team to Wilderness Holdings Limited in the delisting of the company from the Botswana Stock Exchange.

• Member of the legal team advising the Botswana Stock Exchange Limited on various matters

BANKING AND FINANCE

• Member of the Botswana legal team to Atlas Mara Limited, ABC Holdings Limited and African Banking Corporation of Botswana Limited in the financing of up to US$200 million by OPIC to subsidiaries of ABC Holdings Limited;

• Member of the Botswana legal team advising Investec and Air Botswana in a lending arrangement to acquire two Embraer aircraft (transaction abandoned);

• Member of legal team advising the Botswana Development Corporation Limited in several lending transactions; and

• Advising the legal team at Bank of Botswana on several legal issues.

COMPETITION LAW

• Lead Botswana adviser to Wilderness Holdings Limited and Africa Wildlife Holdings Partnership in respect of the merger between the parties.

• Adviser to Access Bank PLC in respect of the merger filing in connection with the acquisition of its major stake in African Banking Corporation of Botswana Limited, a top 5 commercial bank in Botswana.

• Advising and preparing merger notifications in respect of various acquisitions by the BIFM Local Property Fund.

• Advising CA Sales and Distribution Proprietary Limited in relation to Competition related matters.

• Local adviser to Garda World in the merger notification relating to the hostile offer to acquire G4S Limited shares (transaction abandoned).

Awards