Osei-Ofei Swabi & Co

Gaborone Office

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Managing Partner: Kwadwo Osei-Ofei
Number of partners: 2
Number of lawyers: 8
Languages: English, Setswana

Firm Overview:
Osei-Ofei Swabi & Company, (OOS) formally Hazel Todd Attorneys, is one of the foremost civil litigation firms in Botswana. Established over two decades ago, OOS is recognised as a leading provider of legal services in Botswana, especially in the corporate and commercial space. Based in Gaborone, the firm serves a diverse variety of clientele predominantly in the corporate and commercial arena, including financial institutions, fund managers, insurance companies, retail, wholesale and construction companies. The firm builds on a strong legacy, focusing on civil litigation, corporate commercial transactions, contracts, mergers, acquisitions and takeovers, competitions (antitrust), franchising, corporate recoveries, foreclosures, insolvencies, liquidations and restructuring, insurance, repossessions, corporate law, large amount debt recoveries, contracts, banking, property, landlord tenant issues, employment and labour issue/disputes, delictual claims, securitisation, notarial practice and conveyancing, trusts, regulatory compliance, construction, tax, arbitration and alternative dispute resolution.

The OOS team of experienced civil litigators and commercial advisors assist and strive to provide tailor-made solutions to varied but complex issues presented by diverse corporate clientele for practical legal solutions.

Main Areas of Practice:

Corporate/Commercial Law:
OOS specialises in providing corporate commercial advice to a wide array of clients. Services range from advising on the best ‘vehicle’ for a client’s requirement(s) and helping to create those vehicles, through to negotiating insolvencies and liquidations. With its pool of experienced attorneys, OOS is able to provide a unique insight into the legal and regulatory framework in Botswana to assist clients to navigate the business arena. The firm also has extensive experience in drafting a myriad of contracts to convey clients’ intentions and objectives in a variety of business transactions, whilst simultaneously safeguarding their interests. Services in this arena include management agreements, franchise agreements, regulatory compliance, intellectual property, competition antitrust and foreign investment, judicial management, insolvencies and corporate rescue, receivership and liquidation contracts, fleet management services, pension fund issues, mergers and acquisitions, due diligence, tax and general opinion work.

Litigation & Alternative Dispute Resolution (ADR): O
OS has established a reputation of being a formidable and reputable firm of alert and astute civil litigators. Attorneys operate individually and/or in teams to ensure efficient, purposive and practical advice is given to clients. This is all geared towards the deployment of the best conceivable strategies to obtain the best results possible for its clients. The firm has provided representation over a wide variety of matters, including contractual claims, shareholder disputes, civil corporate and commercial claims, landlord tenant disputes, enforcement of property rights, foreclosures and repossessions, enforcement of foreign judgments, labour and industrial action disputes, tax litigation, franchising disputes and construction disputes.

Although mostly oriented towards corporate and commercial law, the team at OOS also has extensive experience in family and matrimonial law, administration of estates and interpretation of wills.

As ADR and particularly arbitration become more attractive to those seeking dispute resolution, the firm is experienced in arbitration, with its attorneys affiliated with the Botswana Institute of Arbitrators and the Association of Arbitrators (Southern Africa). The firm’s attorneys not only represent parties in arbitration but in appropriate instances, act as party or Institute nominated BIArb appointed arbitrators.

Employment & Labour Law Issues:
The team of lawyers at OOS advise on all aspects of employment law. This ranges from vetting and drafting of employment contracts, consultancy and secondment agreements, collective labour agreements, advising on redundancy and retrenchment processes, drafting severance agreements and providing general advice regarding the employer – employee relationship. In the event that a dispute arises, that requires legal representation before the Industrial Court, the firm’s attorneys have the necessary experience and acumen to guide clients to navigate the dispute(s) before the country’s specialised court.

Conveyancing & Notarial Work:
OOS has a specialised and dedicated department designated to deal with conveyancing and notarial practice work. Due to the constricted deadlines associated with this type of work, this department is team oriented to ensure smooth and seamless service delivery to clients. The team has experience in the handling of land transfers and associated contracts, as well as sectional titles and securitisation over both movable and immovable property. The firm’s notaries public, in addition to providing services in terms of the Hague Convention are also especially experienced in drafting a variety of notarial deeds, inclusive of mortgage bonds, deeds of hypothecation, trusts, cessions and documents or agreements required for cross border and international transactions.

Wills & Administration of Estates:
The firm has provided various private clients with assistance in drawing up the requisite testamentary instruments/ documents to ensure that the estate is distributed in accordance with the client’s wishes at the time of their unfortunate demise. Beyond assisting clients to draft these documents, the team has also assisted with the administration of estates, and ensuring that testamentary wishes are complied with. In the event that no testamentary documents exist, the firm’s attorneys are able to advise and assist in terms of intestate administration of the estate as well.

The firm’s clientele cuts across the spectrum from multinational corporations, government institutions, oil companies, banks and financial institutions, fund managers, insurance companies and brokers, petrochemical, construction, wholesalers, retailers, hospitals, automotive, mining, fleet services, international law firms, promoters of investment funds, liquidators and trustees.