Employment & Labour Law

Employment & Labour Law

OVERVIEW

The firm’s Employment & Human Resources practice advises a number of industries ranging from the mining, banking, construction, and retail industries. The firm has established itself as a leader in providing effective practical solutions to employment and labour matters and is regularly called upon to advise on employment restructurings and retrenchment planning. The practice acts for major listed and unlisted domestic and international entities and is headed up by Moemedi Tafa, who is well-renowned for his solution-orientated tact in both contentious and non-contentious employment matters. The practice has a high and successful presence in litigious matters at the Industrial Court, the High Court as well as the Court of Appeal. The practice continues to be at the forefront of jurisprudential development in this field.

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Employment & Labour Law

Minerals, Resources & Energy

Minerals, Resources & Energy

OVERVIEW

Armstrongs is the firm of choice for the mining and resource sector particularly in assisting with contract mining agreements. The firm provides services to the majority of multinational and domestic companies operating in the resources sector, and with a thorough knowledge of the Mines and Minerals Act and related legislation frequently liaises with the Ministry of Minerals, Energy and Water Resources, and the departments thereof on behalf of clients.

The firm is also highly active in the energy sector having advised the Botswana Power Corporation on a variety of energy matters including a number of power purchase transactions, fuel supply agreements, and O&M outsourcing arrangements.

The firm is also highly active in the energy sector having advised the Botswana Power Corporation on a variety of energy matters including a number of power purchase transactions, fuel supply agreements and O&M outsourcing arrangements.

Most recently, Sipho has acted as lead local counsel on all major transactions relating to mines in Botswana, in particular, the financing of the Khoemacau Copper Mine, the expansion of the Lucara Mine and lately the Motheo Copper Mine.

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Minerals, Resources and Energy

Litigation & Arbitration

Litigation & Arbitration

OVERVIEW

The Armstrongs Litigation & Arbitration team comprises five attorneys, two of whom (John Carr-Hartley and Moemedi Tafa) are Partners. John Carr-Hartley has more than 32 years’ experience as a litigation and arbitration attorney and Moemedi Tafa has more than 10 years’ experience. With this level of experience, the team enjoys a formidable reputation for its expertise in the field of both litigation and arbitration.

Principally, we litigate in the High Court, the Court of Appeal, and the Industrial Court, however, we also undertake litigation in the Land Tribunal.

Due to the fact that Botswana is a fairly small jurisdiction, the litigation conducted by the firm covers a fairly broad spectrum. This includes all forms of commercial litigation, trial advocacy, international and local commercial arbitrations, construction and civil engineering arbitrations, disputes at Dispute Adjudication Boards, and labour matters.

Notable Instructions:

  • Moemedi has, in recent years, acted for the Southern African Development Community (SADC) in all matters that have been instituted against SADC at the recently established SADC Administrative Tribunal.
  • John was Instructed by, and acted for, six judges of the Botswana Court of Appeal and the Chief Justice of Botswana in three separate matters.
  • Appointment as Chairman of the Dispute Adjudication Board for the construction of the Kazungula Bridge Project, Package II.
  • Junior Counsel and Attorney of Record in an International Arbitration pertaining to the listing of a company on the Malawian Stock Exchange.
  • Counsel for aircraft owner and operator in respect of a claim against an Aircraft Maintenance Organisation pertaining to a fatal aircraft accident.
  • Counsel to Debswana Diamond company in respect of both litigation and arbitrations arising out of disputes on the FIDIC suite of Contracts.
  • Between John and Moemedi they have more than 130 reported Judgments in the Botswana Law Reports – the most of any other litigation attorneys

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Litigation and Arbitration

Tax

Tax

Overview

Our services include advising a wide range of clients on tax dispute resolutions, tax appeals, tax opinions, and value-added tax. We have acted for and have represented a wide range of clients, commonly public and private companies as well as parastatals. We make regular appearances before the board of adjudicators, established in terms of the Income Tax Act, the High Court, and also the Court of Appeal with respect to tax dispute resolutions.

The firm provides advice on all local tax issues including, income and corporation tax and VAT.

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Tax

IT & E-Commerce

IT & E-Commerce

OVERVIEW

Technology remains one of the major contributors to the rapid pace and rate of change experienced by businesses in the global village. Armstrongs aims at keeping abreast of these trends by advising clients on recent developments in Botswana’s e-commerce environment as well as on technological strides made through the enactment of the Electronic Communications and Transactions Act and similar laws. Internet law, commonly referred to as “cyber law”, is undoubtedly a growing sphere of law in Botswana and the world at large. Armstrongs prides itself in being a pioneer in this fast-developing area of law.

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IT & E-Commerce