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Biography
Education
- LLB, University of Botswana, 2012
- Certificate in Trial Advocacy, Law Society of Botswana, 2017
Membership
- Law Society of Botswana
Admission
- Attorney: 2012
Experience
- Advising clients on necessary actions and strategies for debt recovery.
- Dealing with land and property disputes.
- Instituting and defending third party insurance claims.
- Advising on policies of insurance.
- Public liability claims.
- Labour matters.
- Chairing disciplinary hearings.
- Repossessions.
- Personal damages claims.
- Medical malpractice litigation.
- Contractual breach claims.
- Liquidations and creditors meetings.
- Dealing with and advising on deceased estates.
- Review applications.
- Advising on lease agreements.
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Biography
CAREER
- 2008 Qualified, Mhaka Attorneys
- 2009 Attorney, Minchin & Kelly (Botswana)
- 2010 Associate; 2016 Partner
- LLB (cum laude), University of South Africa, 2008
- Diploma in Trial Advocacy, Law Society of Botswana and National Institute for Trial Advocacy, 2010
MEMBERSHIPS
- Law Society of Botswana
MAIN AREAS OF LAW
Jayne Cross is a partner in the Civil Litigation practice. Her area of expertise is in the field of insurance law, commercial and civil litigation and liquidations. Jayne has extensive experience in domestic and cross border litigation.
Jayne is a trainer in the Trial Advocacy Course administered by the Law Society of Botswana, in conjunction with US and East African lawyers which provides legal advocacy training skills.
WORK HIGHLIGHTS
Examples of Jayne’s work include:
- Acting on behalf of most of the international insurance companies in Botswana as well as the Government Insurance Scheme
- Instituting and defending third party insurance claims
- Litigation relating to insurance contracts
- Defending public liability claims
- Litigation on disputed pension matters
- Repossessions
- Personal damages claims
- Medical negligence claims
- Property disputes
- Advising and representing local and international companies in contractual breach claims
- Advising on interpretation of contracts
- Advising on international conventions
- Litigation relating to restraint of trade and confidentiality agreements
- Liquidations and creditors meetings
- Advice and litigation relating to banking laws and audit regulations
SIGNIFICANT CLIENTS
Her non-contentious practice is mainly in the area of insurance, advising clients on insurance claims and disputes, advising Regent Insurance Botswana (Pty) Ltd now Hollard Insurance Company of Botswana (Pty) Ltd (Hollard), Zurich Insurance Company Botswana Limited now B.I.C.B Limited t/a Bryte Risk Services Botswana (Bryte) on cross border disputes, commercial advice and policy interpretations.
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Biography
MAIN AREAS OF LAW
Terence is the Managing Partner for Minchin & Kelly, and the head of the Real Estate practice which provides legal advice and support on all major property as well as mining transactions the firm deals with. He provides support on various large commercial transactions particularly in the area of property, mining and energy.
WORK HIGHLIGHTS
Some of the most notable examples of Terence’s work were advising the power utility in the first Independent Power Producer agreement in Botswana, both on the contractual side and on the property aspect of the agreement between Botswana power Corporation and Debswana Mining Company.
SIGNIFICANT CLIENTS
Terence’s clients vary across all industries including; Botswana Development Corporation, Debswana Mining Company, Morupule Coal Mine, Botswana Power Corporation, Barclays Bank, Marubeni Corporation, Steag Energy Services, Posco Energy, eMedia Investments, First National Bank, Sandfire Resources NL, Botswana Oil (Pty) Limited, Hatch and Phakalane Estates (Pty) Ltd
CAREER
Terence joined Minchin & Kelly in 1989 as a professional assistant, became a partner in 1993 and was appointed managing partner in 2006.
- LLB, University of Botswana (1989)
- Year of admission as an attorney: 1989
- Year of admission as an conveyancer: 1991
- Year of admission as a notary public: 1992
PROFESSIONAL MEMBERSHIPS
- Law Society High Court Liaison Committee: Chairman (2007 to date)
- Judicial Services Commission (2007-2009)
- Confederation of Africaine de Football (CAF) Legal Affairs and Player Statutes Committee (2004 to 2012)
- Kalahari Conservation Society – Executive Member (1998 to date)
- Loapi Holdings (Pty) Ltd – Chairman (1997 to date)
- Kabelano Charity Trust – Chairman (1995 to date)
- Botswana Football Association: National Executive Committee Member and Legal Advisor (2001-2006)
- Young African Leaders: United States Information Service International Visitors Program (1992)
- Lawyers Adhoc Committee for the drafting of the Legal Practitioners Act: Secretary (1993)
- Botswana Investment & Trade Centre Board Member (2012 to date)
- DLA Piper Africa Board member
Biography
CAREER
Tatenda began her career at Armstrongs Attorneys in 2009 and was made a senior associate in 2012. In 2017 she joined Minchin & Kelly as a senior associate and became a Partner in July 2019.
- LLM, University of Cape town (2010)
- LLB, Rhodes University (2006)
- Year of admission as an attorney: 2009
- Year of admission as a conveyancer: 2010
- Year of admission as a notary public: 2010
PROFESSIONAL MEMBERSHIPS
- Member of the Law Society
PUBLICATIONS
Contribution to the World Justice Project Rule of Law Index 2014; Women, Business and the Law 2014: Removing Restrictions to Enhance Gender Equality for the World Bank
Contribution to the Doing Business in 2014: Understanding Regulations for Small and Medium-Size Enterprises and Doing Business in a More Transparent World for the World Bank.
WORK HIGHLIGHTS
Her notable work was advising a listed property company on the first ever establishment of a special security purpose vehicle that would hold mortgage bonds for and on behalf of credit beneficiaries in Botswana. She engaged the Registrar of Deeds and was successful in arguing that a security purpose vehicle would not contravene section 52 of the Deeds Registry Act which provides that an agent cannot hold a mortgage bond for and on behalf of a principal.
SIGNIFICANT CLIENTS
Tatenda’s clients vary across all industries including; Botswana Oil Limited, IFSC, African Import Export Bank, Letlole la Rona Limited, Vivo Energy (Proprietary) Limited, First National Bank Botswana Limited, Stanbic Bank Botswana Limited, Botswana Development Corporation, Bank of Scotland, Botswana Public Officers Pension Fund, Hollard Insurance Limited, Aon Botswana, Old Mutual, Government Entities and regularly works with law firms outside the jurisdiction including DLA Piper UK LLP, Simmons & Simmons LLP, Norton Rose, Bowmans and Baker McKenzie.
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The Fields Precinct, Lot 54349 Office Block B, Gaborone Botswana
Biography
Education
- LLB, University of Botswana, 2019
Membership
- Law Society of Botswana
Admission
- Admitted as an attorney: February 2020
Career
He completed his LLB at University of Botswana in 2019 until February 2020 when he was admitted to practice as an attorney of the High Court and other Courts of Botswana.
Experience
- Debt Collection-including enforcing warrants of execution;
- Preparation of court documents such for application and actions;
- Application for variation of court orders;
- Rescission of judgment;
- Applications for civil imprisonment;
- Application for edictal citation, substituted service;
- Drafting of general heads of arguments, for points in limine and interlocutory applications such as exception, summary judgment;
- Labour matters, especially trade union and employee’s right;
- Application for Joinder of parties and consolidation of actions
- Applications for reinstatement;
- Amendment of pleadings;
- Summary judgment applications;
- Negotiating and moving settlement agreements;
- Garnishee proceedings;
- Review Applications.
- Interpreting, drafting and providing opinions on insurance claims to client insurance companies
Biography
Education
- LLB, University of Pretoria, 2015
- LLM Mercantile Law, University of Pretoria, 2016
Membership
- Law Society of Botswana
Admission
- Admitted as an attorney: 2017
- Admitted as a Notary: 2017
- Admitted as a Conveyancer: 2017
Experience
- Drafting various legal opinions.
- Reviewing various agreements including public-private partnership agreements, shareholders agreements, lease agreements, loan agreements and asset sale agreements.
- Drafting non-disclosure agreements.
- Conducting various due diligence.
- Analysing and advising on laws relating to non-bank financial institutions.
- Analysing and advising on various employment contracts.
- Analysing and advising on retirement and pension fund provisions and contracts.
- Drafting various merger notifications.
Biography
Education
- LLB, University of Zimbabwe, 2008
- Trial Advocacy Trainer, National Institute of Trial Advocacy (USA), 2013
- Certificate in Trial Advocacy, Law Society of Botswana, 2009
Membership
- Law Society of Botswana
- Member of Trial Advocacy Training Panel of the Law Society of Botswana
Admission
- Attorney: 2009
Experience
- Management of the Financial Recoveries Division.
- Advising businesses on the impact, interpretation and implementation of new policies and legislation impacting on debt collection.
- Overseeing call centre consultants.
- Managing queue of collection accounts and determining necessary course of action.
- Managing the establishment and maintenance of payment arrangements.
- Negotiating out of court settlements and other exigencies.
- Advising clients on necessary actions and strategies for debt repayment.
- Organizing, implementing and supervising mentor training; focused on customer service & dispute resolution.
- Dealing with labour related disputes.
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Biography
Education
- LLB, University of Botswana, 2019
Membership
- Law Society of Botswana
Admission
- Attorney: February 2020
Experience
- Contract drafting and review
- Litigation relating to breach of contract
- Conducting supervised due diligence exercises
- Advising on the company laws and financial laws of Botswana
- Liquidations and creditors meetings
- Advising various insurance companies on insurance claims and policies (including public liability, motor vehicle collision, business interruption, medical negligence)
- Litigation relating to insurance contracts
- Chairing disciplinary hearings
- Litigation relating to labour disputes
- Advice and litigation on electoral law
- Medical negligence claims
- Advising on regulatory issues
Biography
Education
- LLB (cum laude), University of Pretoria, 2009
- Certificate in Islamic Commercial Law, CIMA, 2014
- LLM Commercial, UNISA – On-going
Membership
- Law Society of Botswana
- Botswana Qualifications Authority, Accredited Law Lecturer: 2010
Admission
- Attorney: 2011
Experience
- Drafting, reviewing and advising extensively on various transactional documents including lease agreements, sale agreements, share sale and share purchase agreements, share subscription agreements, distribution agreements, loan agreements, joint venture agreements and construction agreements, as well as conducting various due diligence investigations.
- Advising on the different corporate formations available in Botswana, the distinctions between same and advising clients on the most suitable corporate identity for their entity.
- Advising on company conversions, including conversion of an external company to a local subsidiary, conversion of a foreign company into a local entity and conversion of a close company into a private company.
- Advising a number of companies intending to set up in Botswana on Botswana tax law, including advice on corporate taxation, tax reliefs, double taxation agreements, exemptions on tax and special tax regimes.
- Advising on competition law aspects of transactions.
- Advising on private equity transactions.
- Advising international insurance companies on the transacting of international business in Botswana and the regulatory regime.
- Providing advice to international companies on employment of non-citizens (compliance requirements), employee quotas and general aspects on the law regulating the relationship between an employer and an expatriate employee.
- Drafting employee policies including the harassment policy, HIV policies, internet policies, prohibition of discrimination policy, remuneration policy and disciplinary procedures policies.
- Advising international and local clients on the licensing requirements with respect to telecommunication licences (including radio and cellphone licences) as licensed by the Botswana Communications Regulatory Authority.
- Advising on collective investments regulation, clearing and settlement systems registration and regulation in Botswana.