George Gapu

Practice Areas

Dispute Resolution, Commercial Law, Corporate law, Mining and Environmental law.

Professional Memberships

Law Society of Zimbabwe

Zimbabwe Environmental Law Organization

Commercial Arbitration Centre

Work Highlights

Recently advised on the financing transaction for the rehabilitation of Hwange Power Station in collaboration with external counsel. Acted as local counsel in the financing transaction with a value of US$50 000 000,00. The work done includes reviewing the transaction documents and preparing legal opinions, the security documents which included a notarial bond over movable property, guarantees and notarial deed of cession. Also registered the security documents in Zimbabwe. Attended weekly inter party meetings until completion. The transaction involves a leading South African law firm.

- Currently advising on a finance facility for a local company in the Information Technology industry with a value of US$30 0000 000,00. As local counsel, he is reviewing the facility documents and guarantees for compliance with Zimbabwe law. He is also preparing the customary legal opinions, security documents such as share pledges, notarial deed of cession of book debts and covering bond and where necessary registering the security documents. The transaction involves a leading international law firm.

- Worked on a restructuring for a Zimbabwean company and the work entailed advising on the transaction, preparing share purchase agreements and attending to regulatory requirements.

_ Currently advising on a transaction involving the disposal of a leading hotel in Zimbabwe valued at US$30 000 000,00 to an international investor and preparation of transaction documents.

-Advising a leading gold mining company in Zimbabwe on acquisition and disposal of mining assets, structuring agreements and handling litigation claims for the miner.

-Conducted a legal due diligence on a leading mining company with sprawling mineral assets ranging from gold, copper, coal to platinum.

- Advising on cross border investments in Zambia and South Africa by a Zimbabwean company in the manufacturing sector leading to the successful conclusion of the transactions.

-Involvement in an international arbitration involving Zimbabwean and South African companies.

-In collaboration with Cleary Gottlieb Steen & Hamilton LLP, George and a partner in the firm (Tapiwa Chivanga) actively participated in a capacity building project for senior officers in the Ministry of Finance and Attorney General’s office aimed at building their capacity in negotiating commercial contracts, navigating local and international arbitration laws and handling local and international arbitrations. They researched on the legal framework for arbitrations in Zimbabwe and compiled a database of key legal principles relevant to arbitrations under local and regional laws. The project was successfully completed with a three day capacity building workshop in Harare facilitated by the Cleary team together with George and Tapiwa.

-He successfully challenged the application of insolvency laws and placement of three leading gold mining companies under corporate rescue resulting in a leading judgment on corporate rescue in Zimbabwe. The protracted legal process culminated in the Supreme Court of Zimbabwe reversing two High Court judgments which had placed the mines under corporate rescue. Control of the mines was restored to the owners of the mines.

-He successfully represented some mining corporates in an arbitration matter with claims and counterclaims amounting to in excess of US$25 million. The dispute was mutually resolved on compromised terms before the award was issued.

-As an arbitrator, George presided over and determined some commercial disputes some of which involved local and international companies. The disputes pertain to among other things, mining contracts, infrastructure development and petroleum supply agreements.

Expert in these Jurisdictions

Zimbabwe

Experience

With over 25 years’ experience, George is one of the senior partners in the firm Scanlen & Holderness Legal Practitioners. He is a non-executive director of one of the largest companies in Zimbabwe. He is also chairperson of the Zimbabwe Environmental Law organisation, a leading public interest environmental law organisation in Southern Africa. His practice areas are commercial law, banking and finance law. He is also head of the Civil Litigation Department in the firm and is an arbitrator with the Commercial Arbitration Centre in Harare. He is a past non executive director of Landos Farm (Private) Limited, a significant player in the agricultural sector in Zimbabwe and is a past law examiner with the Council for Legal Education. He is an outgoing member of the Africa Leadership Group, a 4 member committee leading Meritas activities in Africa. Meritas is an international network of lawyers with members across the globe. He has a keen interest in Environmental Law and co-founded the Zimbabwe Environmental Law Association now renamed Zimbabwe Environmental Law organisation, a leading environmental law organisation advocating for sustainable development and environmental justice.

Education