OUR. PROFILECompanies in Ghana on behalf of Anglo Gold Ashanti (Formerly Ashanti Goldfields), still under the Leitner Program on Africa, Accra Ghana. In 2011 before heading to the

OUR.PROFILE

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THE FIRM.Background

Motswagole & Company is a Boutique Lawfirm located in Gaborone, Botswana. It was established in 2014 by Mr Kabo Godfrey Motswagole, a former Senior Associate at a Top 3 Botswana Lawfirm, Monthe Marumo & Company.

Our Vision

Motswagole & Company aspires to be recognized as a highly pro-fessional, dynamic, citizen-owned and managed, and socially respon-sible law firm in Botswana.

We aim to establish an unrivalled reputation for our outmost integ-rity and efficient service delivery. Our primary goal is to exceed cli-ents’ expectations.

Our Mission

Our mission is to establish trust and confidence in our clients by committing ourselves to providing timeous and quality services to our clients.

We focus on a result-oriented ap-proach whist ensuring that clients receive fair value at all times.

Our People

Motswagole & Company promotes enthusiasm and commitment in its beneficiaries and stakeholders.

We encourage individuals who are prepared to go the extra mile on behalf of our clients.

Website: www.motswagoleandco.com | Email: [email protected] | Telephone: +267 311 7300

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Mr. Motswagole has received legal training both in Botswana, at the University of Botswana and in the United States at Fordham University Graduate School of Law in New York City. He is also an Admitted and Practicing Attorney of the High Court of Botswana and other courts of the Republic of Botswana; he is a Member in good standing of Botswana’s only Bar Association, The Law Society of Botswana. He also serves as the current Chair-person of the Botswana Press Council Media Complaints Committee. Mr. Motswagole is also a Member of the Architects Registration Council Professional Practice and Disciplinary Committee. In addition to the above he is also a certified Conveyancer, Republic of Botswana and a Notary Public, Republic of Botswana.

Prior his employment at Motswagole & Company Mr. Motswagole was a Senior Associate Attorney at Monthe Marumo & Company (Incorporating Molatlhegi & Associates). In the summer of 2012 up until 2013, he was a Research Assistant at the Leitner Centre for International Law and Justice (New York) where he worked on projects at the Centre which included sustainable development projects, energy law and policy behavior, min-ing beneficiation, Corporate Social Responsibility, Foreign Domestic Investment and Aid and Development. Mr. Motswagole and his team of international graduate students in Accra, Ghana oversaw these projects. Mr. Motswagole was a lead Team Member in Mining Beneficiation and Corporate Social Responsibility of Mining Companies in Ghana on behalf of Anglo Gold Ashanti (Formerly Ashanti Goldfields), still under the Leitner Program on Africa, Accra Ghana.

In 2011 before heading to the United States Kabo did some local legal work. He was an Attorney at Law and Conveyancer at Mosojane Legal Consultancy; a lawfirm he helped create. At this firm he was a team leader in the general Litigation and Conveyancing Department. Where he worked alongside a former judge, the Hon-ourable Justice John Z Mosojane. He took up the role after a stint as a Research Assistant for The Hon Justice M T Motswagole in the year 2010.

THE ATTORNEYS.

MR. KABO GODFREY MOTSWAGOLE


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RELEVANTLEGAL EXPERIENCEANDMATTERS HANDLED

• Advised and handled cases on behalf Imara Fi-nance and in one instance a withdrawn arbitration against Shumba Coal concerning a Listing dispute in the Stock Exchanges of Mauritius and Botswa-na.

• Represented Mmegi Investment Holdings and the Mmegi Group of Companies in Shareholder dis-pute in a bid to fight off a hostile take over, both at the High Court and the Court of Appeal.

• Represented and advised Mmegi Publishing Trust, then majority shareholder in the Mmegi Invest-ment Holdings, in their bid to defend their posi-tion as majority shareholder in the Group.

• Drafted a Statement of Claim on behalf of H&A Cutting in a 150 Million Pula arbitration against Benard Hyde Associates.

• Solely drafted and participated in negotiations of 2 major contracts for and on behalf of AON Botswa-na’s Bank Assurance Department between AON Botswana, Barclays Bank on the one agreement and Standard Chartered Bank, Hollard Botswana and Botswana Life Insurance on the other agree-ment.

• Did debt collection for CEDA and NDB

• Advised the Bank Assurance Department of AON Botswana on NBFIRA queries and issues.

• Represented Botswana Public Officers Pension Fund (BPOF) in several matters involving claims against it by its different members/beneficiaries.

• Advised the BPOF in Non-Bank Financial Institu-tions Regulatory Authority (NBFIRA) queries and issues.

• Advised the Botswana National Council of Non-Governmental Organisations (BOCONGO). Conducted Annual General Meetings on 2 sepa-

rate incidents all which were done in accordance with its constitution.

• Drafted the original Shareholders Agreement be-tween shareholders of The Business Weekly News-paper.

• Drafted major contracts for and on behalf of Yaro-na FM (Pty) Ltd

• Periodically advised the Botswana National Sports Commission (BNSC) Board from time to time.

• Drafted a facilities management contract for the Botswana National Sports Council and presented its contents to the Board and the Estates Manager.

• Drafted the founding Constitution of the Ghanzi District Council Economic Fund.

• Negotiated and advised on a services contract be-tween VIB Mobile and BeMobile for and on behalf of VIB Mobile.

• Acting for Botswana Meat Commission on several matters

• Acted for Kweneng Land Board

• Litigated on 5 Tribal Land Leases for and behalf of Tawana Land Board in Tenders involving tourism ventures of more than 50 Million Pula each.

• Currently doing matters on behalf of North East District Council involving high level agreements and litigation on tenders and other matters.

• Did for debt collection for an on behalf of Mmegi Newspaper/Dikgang Publishing Ltd.

• Acted for Ghanzi District Council on several mat-ters.

• On a retainer basis for Botswana Communication Workers Union (BOCOWU) housed at Mascom Wireless Botswana.

• Sole legal advisor to Botswana Sector of Educators Union Funeral Scheme, a multi million Pula Burial Society currently underwritten by Liberty Life.

THE ATTORNEYS.


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• Reviewed and Advised on Brokerage Agreements, Revenue Sharing Agreements and Life Insurance Policies between Liberty Life and Botswana Sec-tors of Educators Union (BOSETU).

• Acted for Atlas Copco in a 7 Million Pula litigation initiated by Stanbic Bank.

• Was involved in the preliminary stages of the BTCL Listing Exercise while at Monthe Marumo & Co.

• Acted pro bono, for Foreign Prison inmates who were being denied ARVs (HAART) by the Govern-ment of the Republic of Botswana, was successful both at the High Court and at the Court of Appeal.

• Acted pro bono for 150 employees in a class action lawsuit against then Diamonex Mine, now Lerala Diamonds, a retrenchment matter.

• Acted for former and current BIFM employees in a retrenchment matter.

• Done about 10 and still doing murder trials on a Pro Deo basis.

• Acted pro bono for a Plaintiff in a torture lawsuit against the Directorate on Intelligence

• One of the attorneys doing several cases on a pro

bono basis on behalf of sexual crimes victims un-der the auspices of the “I shall not forget” move-ment.

• One of the pro bono attorneys for the “Unemploy-ment Movement”.

OTHER SKILLS / INTERESTS

• Knowledgeable in all forms of Computer Literacy, Word, Excel etc.

• Skilled in administrative work, and legal practice software such LMS.

• Column Writing

Extra-Curricular Activities

• Chess• Art Collection and Trade• Classical Music• Modern Horticulture Farming• Traditional Legume Farming• Running/Athletics• Self-taught Chef and Sommelier• Travelling

THE ATTORNEYS.


7Mr. Oteng is the firm’s debt collection attorney. He qualified as an Attorney in 2007 at the University of Pretoria. After Pretoria Mr. Oteng remained in the Attorney General’s Chambers for 8 years until joining Private Practice in 2016.

Upon entry he joined JJ Attorneys where he was the leading attorney in Civil Matters in particular debt collection. He joined Motswagole & Company at the beginning of 2018. Mr. Oteng has negotiated a deal which will see him as the leading attorney in the col-lection of more 4 Million Pula on behalf of PEUBO Microlending customers.

Extra-curricular Activities

Small Stock raising and saleCommunity Service in Ramotswa Village

THE ATTORNEYS.


MR. JABU CHRISTIAN OTENG

MS. TSHEGOFATSO TUMOTUMO

Ms. Tumotumo is a recent graduate of the University of Botswana. She graduated with an LLB (Bachelor of Laws). Her work experience comprises an internship at the then Akheel Jinabhai & Associates.

A leading and preferred debt collection and convey-ancing law firm in its day. Her competencies include conducting client interviews (telephonic and in per-son), drafting letters to and on behalf of clients, draft-ing court documents such as Heads of Arguments and Writ of Summons, she also has competencies in legal research and provision of legal opinion on various ar-eas of the law.

Extra-curricular Activities Young Women’s Empowerment club member- (2013-2015) Botswana National Karate TeamA 31 medal Karateka

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Resources

In a high challenging and changing legal environment, Motswagole & Company appreciates the importance of secured accessibility to a wide range of resources for the development of our business and the improve-ment of our service delivery to our clients.

In this regard Motswagole & Company maintains its own regularly updated law (database) library com-prising pleadings, legal texts on various law subjects, law reports, legal periodicals and other publications.

Technology

Our investment in technology has put us a step ahead in our service delivery on a number of key areas. We have since installed an improved computer systems link within our offices thus guaranteeing easy access to information to our professional staff at all times. We have also provided access to the Internet at all times, guaranteeing a greater research bandwidth.

Motswagole & Company has laptop computers for each of their professionals and a Desktop for their Re-ceptionist. All printing is done wirelessly, including from mobile gadgets and devices.

TECHNOLOGYAND RESOURCES.

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“THEOFFICES.Motswagole & Company is locat-ed at Babereki (BOSETU) House in African Mall.

The office is located on the 2nd/upper level of the property.

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Through basing service upon client satisfaction and by commitment to understanding and meeting the needs of clients, Motswagole & Company has been able, one client at a time, to attract and main-tain a wide variety of clients. In addition to the many individual clients that we have, we also serve, amongst others, the following:

• Botswana Meat Commission (BMC)• Botswana Communication Workers Union (BOCOWU)• Botswana Sectors of Educators Union (BOSETU)• PEUBO Group of Companies• North East District Council• Ghanzi District Council• Pumpking Ltd • Apex Petroleum Ltd • Filling Station Engineering Ltd

OURCLIENTS.

Arbitration andMediation

which entails solving disputes in an amicable manner that is also quicker and cost effective than or-

dinary litigation.

Corporate Lawwhich deals with the governance of corporate bodies and companies.

Human Rights Lawwhich comprises the protection of the fundamental rights enshrined under the Constitution of the Re-

public of Botswana.

Labour andEmployment

which deals with industrial rela-tion litigation such as dismissals, retrenchments, strikes and Em-

ployment contracts drafting.

Property and Land Law

which includes leases, conveyanc-ing, sale and possession of immov-

able property, cession of rights.

Delictual Claims which covers defamation of char-acter, negligence, master-servant liability and personal injury claims.

Contract Lawwhich comprises the drafting of general agreements and the en-forcement and cancellation of such.

Construction Lawcomprises the drafting of building agreements and the enforcement

of builders lien.

Commercial Lawwhich includes the drafting of joint-venture agreements, trading and manufacturing licenses, bank-

ing, insurance and insolvency.

Administrative Lawwhich covers review of decisions by public bodies to ensure com-pliance with the rules of natural

justice.

General andSpecialist

which comprises general debt col-lection Litigation

OUR SERVICES.Amongst others, Motswagole & Company is active in the following areas of legal practice;

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Physical Address:Unit 3S, Plot 871/2/3/4 Extension 5, Babereki House, African Mall,

GABORONE

Postal Address:P O Box 40163, GABORONE

Website:www.motswagoleandco.co.bw

Email:[email protected]

Telephone:+267 311 7300

Fax:+267 311 7301

Mobile: +267 72 893 399

Documents

OUR. PROFILECompanies in Ghana on behalf of Anglo Gold Ashanti (Formerly Ashanti Goldfields), still under the Leitner Program on Africa, Accra Ghana. In 2011 before heading to the