Africa Legal Podcast

What does the future hold for renewable energy projects in Africa? Ahead of the GC Forum Extractives in Cape Town in February, themed “Energy and Mining - the New Power Couple?”, energy and infrastructure law experts Muzi Kubeka of CMS South Africa and Pedro Couto of CMS Mozambique discuss Africa's rapidly evolving renewable energy sector and the role it could play in socioeconomic development and bringing greater wealth to African nations. In the latest Africa Legal podcast, Muzi and Pedro share insights into the challenges and opportunities in developing renewable energy projects, emphasising cross-border collaborations, the integration of local and international expertise, and innovative financing solutions to meet Africa's growing energy demand. The conversation highlights the importance of modernising infrastructure, streamlining regulatory frameworks, and adopting renewable technologies such as solar, wind, and hydro, and underscores the significant impact of renewable energy on socioeconomic development, job creation, and sustainability across the continent

In the latest episode of the Africa Legal Podcast, Scott Cowan interviews Audrey Alevina, the founding partner of Alevina and Partners, a law firm which started in Gabon and has now extended internationally through Dubai. In their conversation, Audrey shares her experiences of founding her law firm, overcoming obstacles in the male-dominated legal sector, and expanding into asset management with Dhow Advisory, an asset management business based in London and the United Arab Emirates. Audrey emphasises the importance of authenticity, resilience and leveraging mentorship in her career journey. She also points out the need to adapt to changes in Africa's legal sector. Audrey says her firm's focus on innovative legal services and legal structuring has helped her stand out and grow strategically. As African legal markets evolve, Audrey encourages aspiring lawyers to think out of the box and develop a bold strategy. Success, she believes, lies not just in legal knowledge but also in deeply understanding the nuances of the socio-political and economic climate of their region.

In this episode of the Africa Legal Podcast, host Craig Sisterson speaks with Amala Umeike, partner at Stren & Blan Partners in Nigeria, and Samantha Silver, partner at Kennedys LLP in London, on Africa's rapidly growing health and pharmaceutical sectors and evolving product liability law, with a focus on Nigeria. Amala explains how Africa's healthcare growth, driven by increased investment and demand, faces regulatory challenges that highlight the need for robust product liability frameworks. He emphasises the regulatory progress in Nigeria, particularly through the African Medicines Agency (AMA), but notes the complexities of defending product liability claims in Nigerian courts. Proactive compliance and strategic defense, he says, are essential for managing these challenges. Samantha shares insights from her global experience, highlighting increased scrutiny on pharmaceutical and medical devices in the UK and EU, which is influencing African standards. She advises that multinationals adopt strong compliance and risk management practices to navigate Africa's evolving regulations. Effective risk management, recalls, and insurer collaboration are crucial to reducing liability exposure. Both guests agree on the growing importance of regulatory alignment with global standards in Africa. As consumer awareness rises, product liability claims are likely to increase, making compliance and adaptability essential for businesses in Africa's dynamic market.

The discussion begins with an overview of ESG and its impact on various business aspects, including environmental sustainability, social responsibility and corporate governance. Kamau explains that ESG is not just a trend, but rather a crucial framework for ensuring long-term business sustainability and ethical operations. He also highlights specific areas where ESG considerations are essential, such as climate change, human rights and sustainable economic growth. According to Kamau, clients increasingly demand that law firms demonstrate their commitment to ESG principles, and this impacts the way legal services are provided and evaluated. The conversation also touches on the challenges and opportunities that ESG presents for young lawyers. Kamau advises young legal professionals to get a deep understanding of ESG concepts, recognise their relevance to different legal fields, and adopt a sustainable-outcomes approach when dealing with client issues. Continuous learning and mentorship also play a vital role in navigating ESG demands. Kamau suggests that law firms prioritise training and collaboration to equip lawyers with the necessary skills and knowledge to effectively address ESG-related challenges. The episode concludes with a call to action for legal professionals to embrace ESG as a critical component of their practice, emphasising the need for a proactive and informed approach to ensure that businesses can thrive while contributing positively to society and the environment.

The O-shaped lawyer and Africa's legal evolution In a recent podcast, Scott Cowan and James Kamau explored the concept of the O-shaped lawyer and its impact on Africa's legal landscape. This model, created by Dan Kayne, emphasises openness, optimism, originality, ownership, and opportunity, and goes beyond traditional legal skills to meet the evolving demands of clients and society. Kamau, Chair of DLA Piper Africa, and Cowan, CEO of Africa Legal, discuss the shift from I-shaped to T-shaped to O-shaped lawyers. I-shaped lawyers possess deep expertise in specific areas, while T-shaped lawyers combine legal expertise with broader business knowledge and collaboration. O-shaped lawyers, however, embody the five Os, making them more adaptable, innovative and capable of addressing complex global and Africa-specific challenges such as climate change, sustainable economic growth and human rights. If Africa's legal education is going to incorporate these principles, Kamau says the curricula need to include business, technology and psychology courses, alongside mentorship programmes that connect students and professionals across various industries. This comprehensive training will produce well-rounded lawyers capable of contributing significantly to Africa's development and of adapting to an ever-changing legal environment. Kamau highlighted the importance of resilience, critical thinking and continuous learning for young lawyers. By embracing these qualities, they can create value for clients, navigate complex issues and remain relevant in a dynamic world. This transformative approach positions lawyers to succeed in their careers and also drive positive change across the continent.

In this podcast, host Deepa Vallabh, partner at Hogan Lovells, chats to Javier Zapatero and David Auerbach about the way their business strategy is shaping Africa's green revolution while encompassing climate change, human rights and adherence to laws.

It's essential for law firms to contribute to the space they're working in and not just have answers for hypothetical situations. In this podcast, Africa Legal host Craig Sisterson chats to Eric Gumbo about providing real-world solutions to clients. In Africa's dynamic and multi-faceted legal landscape, Eric Gumbo emerges as a paragon of collaborative success and relationship building. As a seasoned advocate practising at G&A Advocates LLP, a Kenyan full service law firm which he founded in 2006, Gumbo has dedicated his professional trajectory to cultivating meaningful connections with clientele spanning diverse industries. G&A's purpose, he says, is to provide real-world solutions to real-world problems. “Our clients are at the heart of what we do,” Gumbo told Sisterson. Over the last 18 years, G&A Advocates LLP has become a trusted advisor, handling a number of highly complex and sensitive matters, including providing counsel in electoral disputes that have arisen following the past three presidential elections in Kenya. In handling political disputes, Gumbo believes in fostering transparent communication which enables the firm to deliver customised solutions. “It gives us an opportunity to contribute to what you would call the ‘democratic space' of our country,” he said. G&A seeks to contribute to key sectors of the economy both in Kenya and in the region, and Gumbo views energy as an integral sector in Kenya, and the backbone of economic activities in the East African country. The firm plays a significant role in advising on the energy transition agenda in Kenya and the region. Working on a Kenya-Djibouti green energy project gave G&A an opportunity to have high-level impact. “It gave us an opportunity to understand how much lawyers can impact society through deliberate and well-structured documents in a way that not only achieves success for the client's project, but also helps them achieve greater societal objectives,” Gumbo added. Another significant mandate that the firm recently received was advising on a recent Eurobond or sovereign debt transaction. Gumbo believes in building the capacity of Kenyan firms, so with this client G&A brought on board a few up and coming law firms which would not otherwise have had the opportunity to work on such a deal. This, he said, was done so that they could collectively contribute to the advancement and evolution of the legal landscape in Africa. In their discussion, Gumbo shares with Sisterson the values the firm espouses, saying client centricity, tailoring solutions to best fit their needs, professionalism and integrity are their top priorities. The podcast wraps up with Gumbo sharing the firm's future-focused outlook which will ensure it remains relevant in the industry and society as a whole.

In this third episode of the Ubuntu Mental Health Matters Series with Dr Mathero Michelle Nkhalamba, she speaks with Thomas Pearson about imposter syndrome, a mental health condition facing many in the legal industry. The competitive nature of the legal profession and the constant need to demonstrate expertise exacerbate feelings of inadequacy, often making even the most skilful lawyer feel like an imposter. Renowned chartered psychologist Dr Mathero Michelle Nkhalamba explains that imposter syndrome is a psychological phenomenon where people who are professional and capable doubt themselves and their accomplishments and have a persistent fear of being exposed as a fraud. She has found that it presents itself commonly among people in professions that are hypercompetitive, highly skilled or societally well regarded. “The unique thing about the legal profession is that it's really high stakes. It's hyper competitive, very visible and a transparent profession. It's a career that can expose you to a lot of criticism or a lot of praise. That puts the pressure [on one] to feel, ‘Well, am I good enough or do I even belong in this space?' and that increases your anxiety.” The symptoms of imposter syndrome, says Nkhalamba, manifest through feelings of inadequacy. One of the ways to help manage and prevent this, is to normalise failure. “It's not only in your professional life; even in your personal life you have to be okay with failing sometimes and understanding that failure is not a major setback. You're just trying to learn something new about yourself and improve.” Every failure – including those in the legal profession – is a learning process, she says. “Shut down the voice and remind yourself that, ‘Yes, I have had failures, I've had setbacks, but I've also had achievements.' Acknowledge them and accept positive feedback,” she added Nkhalamba advises that having a mindset of continual learning helps to deal with this condition. The insightful conversation between Nkhalamba and Pearson includes information on how employers can help break the imposter syndrome mindset in the workplace and why the host and the guest of this podcast should not be allowed on the golf course!

In this Coffee Break episode, Africa Legal's Tom Pearson chats to Mamadou Coulibaly, co-founder and managing partner of Satis Partners, about the shift in Mali's mining regulations. Recent bold changes to Mali's mining regulations aim to boost the West African country's economy while empowering local communities. Mamadou Coulibaly, a seasoned lawyer at Satis Partners sheds light on these changes that have unfolded since the 2020 political shift. Following the regime change and national dialogue, one key resolution was to enhance revenue generation for Malians from the lucrative gold and ore mining sector. To achieve this goal, Mali's mining code underwent significant adjustments, levelling the playing field for all stakeholders. Previously, the mining code offered varied incentives for different operations. Now, as Coulibaly notes, the revised code standardises regulations. Notable changes include increased government participation in mining activities, a revised tax regime, and mandates for 90% of the workforce to comprise local employees. Importantly, Coulibaly emphasises that these shifts reflect an international trend, with other West African nations embracing similar principles for promoting local content. Coulibaly encourages investors to explore opportunities in smelting, processing and refining enterprises, as extractives need to be refined before being exported. Additionally, he highlights the potential in training programs. As local workforce participation becomes mandatory, there's a growing demand for specific skills. These two areas, Coulibaly suggests, could provide interesting opportunities in the years ahead.

In this podcast hosted by Tom Pearson, Jamal Fofana and Benoît Diouf from Asafo & Co. discuss the dynamic and evolving banking and finance sector across Africa. Leading law firm Asafo & Co. is influencing positive change and growth through its innovative legal and financial strategies and solutions. Jamal Fofana, a founding member of Asafo & Co., has rejoined the firm with his blended experience gained both as in-house counsel and in private practice, equipped with a mix of legal skills required for banking, finance and project development practices in Africa. Fofana says Asafo offers legal services on the ground that bring together their technical skills as a global firm, together with an unparalleled understanding of specific considerations involved in the African market and the pragmatism needed to close deals. Benoît Diouf, who joined the firm in 2021, shares his insights into the banking and finance sector, and speaks about what sets the firm apart. Promoting financial inclusion is a top priority in this sector, he says. “The banking sector is a key factor to the development of our continent and we need a strong banking system with less barriers to enable and support the development of impactful intra-African trade. We know there is a need to adapt the banking regulations across the continent to facilitate capital movement and enhance the capabilities of our banking industries,” Diouf said. Fofana and Diouf, both advocates for local currency funding, are of the view that when it comes to larger scale infrastructure projects, creating a bridge of both awareness and facilitation between existing capital markets and Africa's demand is required. Fofana shares the firm's commitment to West Africa and adds that they are one of the few firms in the region with legal professionals in the banking & finance sector, and have been involved in a number of recent landmark transactions. The experts further discuss the merits of going into securitisation and increasing the awareness of individuals willing to invest in local notes, thus having an impact on the region. The conversation wraps up with Fofana and Diouf sharing interesting takeaways from the annual Africa Securitisation Forum, which Asafo & Co. co-organised with Deloitte for the second consecutive year in November 2023 in Lomé, Togo.

Discover the potential of Nigeria's maritime industry in our featuring Joseph Siyaidon, Esq, MCIArb from Stren & Blan Partners. Joseph explores how legal reforms and economic strategies are set to revolutionise this sector, contributing significantly to Nigeria's GDP. Join us for an insightful journey into the future of maritime opportunities in Nigeria.

In this podcast, Tom Pearson chats to Tom Onyango and Chetan Hayer, the experts at the forefront of Kenya's internationally recognised real estate development, The Marquis. Leading Kenyan law firm TripleOKLaw LLP has collaborated with Hayer One, a property development company, to deliver a landmark residential property in Nairobi, The Marquis. Recognised for its architectural design, superior build quality, ultra-modern finishes and a range of amenities, The Marquis has set new standards in the Kenyan property development sector. Chetan Hayer, the CEO of Hayer One, says their vision was to create a desirable, high-value real estate development to cater for those who want to experience a high-end lifestyle. What's more, Hayer says that the entire project, from start to finish, has been delivered by Kenyans for Kenyans through Kenyan financing. “It is the people of Kenya who, through their hard work, their skill and, most importantly, their resilience, have shown to the rest of the world that we can produce an extremely high, Grade A quality residential development in the heart of Nairobi which, when you put it next to any Grade A development in any other developed city in the world, would compete very well,” Hayer shared. Tom Onyango, a senior partner at TripleOKLaw, has a wealth of experience and insight into the legal intricacies of real estate development and worked alongside Hayer on The Marquis. Onyango says having a reputable developer, ensuring the proper title documents and approvals are in place, and understanding the interest rates when borrowing for purchase, should be among the key considerations for investors. He adds that when it comes to legislative changes, further clarity is needed on taxation, and he explains why better financing models are needed for buyers who want to purchase properties sold off plan. He says the legal team at TripleOKLaw is uniquely positioned to assist in the success of real estate projects in Kenya because of the team's dedicated resources, and explains that the firm's aim is to minimise the risks and ensure the projects succeed. The conversation wraps up with Hayer sharing his future development plans.

In the second episode of the Ubuntu Mental Health Matters Series with Dr Mathero Michelle Nkhalamba, she speaks with Thomas Pearson about self care and coping mechanisms. There are various ways to mitigate the impact of trauma and help process it safely, says Dr Mathero Michelle Nkhalamba, an esteemed chartered psychologist from Malawi. One of these is through vicarious resilience – listening to peers in the workplace who have gone through a traumatic experience, and being inspired by their mental ability to overcome a stressful situation. However, although peer support is helpful as this can be encouraging, she says it could also lead to a toxic workplace culture if there is no balance, especially if success is achieved to the detriment of one's mental health and welfare. Nkhalamba warns against pushing towards an unhealthy extreme where winning is prioritised instead of a person's wellbeing. Instead, she encourages peer support that involves teaching and mentorship as this is more empowering. Nkhalamba dispels the notion that perfectionism is a positive trait, as it is an unsustainable standard. “It really is a relentless drive for a standard that you will never meet. It's also very personal, because you judge yourself based on that standard, on your ability to reach this standard. A lot of people who are perfectionists often present with issues of anxiety, depression, because they're always worried,” she explains. In the podcast she provides detailed advice for self care practices, such as exercise, nutrition and sleep which are fundamental to good brain health, and recommends having a sleep ritual. Browsing through your cell phone or reading a book while in bed could stimulate the brain, instead of relaxing it, she says. Nkhalamba points out that the choice of food also impacts your quality of sleep and suggests eating lighter meals in the evenings. Emphasising that nutrition and exercise are the cornerstones of mental health, Nkhalamba explains that exercise restores the balance between physiology and hormones. “What you do to your body and what you put into your body has a direct impact on your brain,” she shares. Debriefing is another coping mechanism. “It's talking about how you have been impacted, acknowledging what you're feeling and discussing how you could deal with it,” explains Nkhalamba. The hour-long conversation wraps up with Nkhalamba talking Tom through live mindfulness techniques which are sure to get even the most anxious person relaxed.

In this episode of the Breaking Ground, Breaking Barriers podcast series focusing on East Africa's real estate and construction landscape, Nicole Gichuhi, a partner at ALN Kenya | Anjarwalla & Khanna chats to Tom Pearson about Africa's development in the sustainability era. The real estate and construction sector is one of the biggest contributors to greenhouse gas emissions, but sustainability practices such as using energy efficient building designs and materials, are actively reducing the industry's environmental footprint in Africa, and are helping to mitigate climate change and preserve ecosystems. Nicole Gichuhi, who represents leading players in high value real estate transactions at ALN Kenya | Anjarwalla & Khanna, has noted a heightened awareness on the responsible use of land. This conscientious approach, she says, is not just driven by governments and legislation, but also by the industry, which is taking collective responsibility to protect the environment. In the residential market, Gichuhi highlights that sustainable buildings often have higher market values, driven by the increasing demand for houses with natural lighting and efficient insulation, because it ultimately lowers their energy consumption. “Sustainable buildings could lead to cost savings in the long run. Energy efficient buildings consume less energy, have lower utility bills, maintenance and operations costs. Over time, you'd be able to see that the cost savings can actually outweigh the initial investment.” Gichuhi shares that sustainable real estate developments can also benefit from using locally sourced and sustainable building materials, thus making it more affordable. She further explains how African governments are adopting environmentally friendly practices, and offers her views on what approach should be taken going forward, including that she believes incentives and tax benefits should be on the cards. Gichuhi says their firm plays a legal advocacy role when it comes to its relations with the Kenyan government, including providing detailed comments during the public participation phase of legislative decision making processes. In addition, the firm also forges partnerships with other stakeholders such as the Green Building Society. She believes there's a lot that can be learned from Kenya's eco-friendly legislation when it comes to sustainable buildings, emphasising the potential for cross-cultural inspiration, citing the Maasai people as an example of a tribal community with insights that could contribute to sustainable practices.

In this first episode of this Ubuntu Mental series with Dr Mathero Michelle Nkhalamba speaks with Thomas Pearson about the need for mental health literacy and understanding vicarious trauma. Traditionally, the legal profession has normalised stress as part of its “tough it out” culture, because talking about mental health matters is considered a sign of weakness. However, overwhelming research has shown that there are higher levels of stress, anxiety and depression than before among lawyers, and there isn't a safe space to talk about it. The first step is understanding the terminology and vocabulary used to describe how people are feeling, which is why mental health literacy is important, says Dr Mathero Michelle Nkhalamba, a renowned clinical psychologist from Malawi. “If you can't name what's happening inside you, you cannot focus on remedying the things that are causing you that distress.” Nkhalamba says a good place to start talking about mental health literacy is at undergraduate law school level, as this will prepare young lawyers for the work and time-intensive environment that lies ahead of them. She points out that the culture of always having to grind with no time for rest, to prove your mettle as a lawyer, needs to be replaced with one that includes self care practices and normalising being tired. She comments that racking up billable hours will count for little when productivity is eventually compromised. Nkhalamba warns that stress has long term chronic effects such as hypertension, certain cancers, skin irritations and insomnia. She also explains in detail how the body reacts to stress and why it is deemed an occupational hazard. Delving into another key topic, Nkhalamba unpacks what vicarious trauma is, the neurobiology of trauma and the signs and symptoms of the condition. Interestingly, Thomas highlights a study that shows that playing Tetris can interrupt the response to trauma. The episode wraps up with Nkhalamba offering advice on what can be done to address stress and trauma regardless of the lack of infrastructure around mental health well-being available.

In this Coffee Break episode, Jabulani Nhongo chats to Tom Pearson about Zimbabwe's energy supply structure and the exciting opportunities available to foreign investors. Zimbabwe is an attractive destination if you're looking to invest in the energy sector. With 70% of its power being sourced from geothermal and hydroelectric schemes, and a push towards other cleaner alternatives, businesses will be able to import and service their energy needs from sources other than the country's national grid. This means independent power producers (IPPs) will play a major role. Jabulani Nhongo, partner at Manakore Attorneys, part of the DLA Piper Network, an expert in mergers & acquisitions and finance, says the power demand in the country is forecast to increase to 3 500 megawatts by 2025. Future capacity increases in generation, Nhongo says, are going to be reliant on foreign investment, which presents key opportunities in the energy sector for investors. He explains that the National Development Strategy has provided a platform for IPPs to contribute to the national energy mix through renewable energy projects. “The government has initiated projects to support 1 000 megawatts worth of solar IPPs. There's always a lot of sunlight in the country and that means that there's great potential for solar power projects as well as other renewable energy sources, such as mini hydro and biomass,” Nhongo said. He explains that investors can also take advantage of incentives such as negotiable tax holidays, tax incentives, duty free importation of solar equipment and special dispensations for public projects, which ties into the public–private partnerships that form the basis of the current energy strategy. Nhongo says the Government Implementation Agreement has been designed to attract investment aimed to provide a stable fiscal and policy environment for IPPs. He adds that foreign investors can repatriate their funds from Zimbabwe with ease, based on the exchange control framework coupled with the protection afforded by the Zimbabwe Investment Development Agency Act, which seeks to promote and protect foreign investment in the country.

In this third instalment of Life and Lessons in Law with James Kamau, Tom Pearson chats to him about the increasingly blurred lines between law and technology. James Kamau, chair of DLA Piper Africa and Managing partner of DLA Piper Africa Kenya, IKM Advocates, has a deep-rooted passion for legal development and upskilling Africa's legal sector services. He agrees that technology has redefined the legal sector and that, to stay ahead of the rapid pace of digital developments, lawyers not only have to embrace the evolution but also find ways of maximising its benefits. Kamau has been in the industry long enough to have witnessed the transition from using manual typewriters and walking to the post office to send letters to now harnessing the benefits of computer- and web-based programs that provide efficient services to clients. Listing various end solutions that technology can provide to lawyers, Kamau says technology helps to create greater efficiency and therefore profitability in the practice of law and also facilitates greater access to justice. “From a practitioner's point of view, one has to look at how to create these efficiencies that enable internal collaboration, and collaboration when dealing with clients,” he says. “Like a lot of things in life, you need to be alert and be able to read and understand the developments in the local markets … sometimes you also need to associate with what the international law firms are doing,” he added. There are still many law firms that lack cross-sector engagement with technology, and Kamau puts this down to three factors: the legal profession being conservative and highly regulated, the possibility of today's chosen technology being outpaced with newer versions by tomorrow, and concerns about quality assurance. Despite these concerns, Kamau says perceptions and attitudes towards intersecting law and technology must change, as this is a significant barrier. “We need to look at technology as an enabler, not as a replacement of the human user, and [understand] that it augments the way we work,” he commented. He adds that firms have no option but to embrace technology, and those that don't “are going to be left behind” by their competitors. Kamau and Tom further discuss the impact and efficiencies of tech and wrap up the conversation with forward-looking trends – an AI judge, perhaps?

In this Coffee Break podcast, Africa Legal's Tom Pearson chats to John Kemkers, about Eversheds Sutherland's continental footprint. With more than 100 legal experts working on Africa-related mandates, and offices in key jurisdictions such as South Africa, Tunisia, Angola, Mozambique and Mauritius, backed by partners and offices in London, Paris, Dubai and New York, Eversheds Sutherland has a global reach that few law firms can rival. All these offices frequently work in conjunction with a network of alliance firms called Eversheds Southern Africa Alliance (ESAA), which covers a further 30-plus jurisdictions. “We have broad coverage right across the continent,” says John Kemkers, Head of Africa Group for Eversheds Sutherland, whose focus areas include financial services, real estate and energy sectors. Having worked in both the UK and the UAE, Kemkers has managed disputes across the Middle East and Africa, which gives him valuable insights into the legal landscape of the region. “Our Africa work has two categories of work streams: the first is business-as-usual work for many of our global clients, and the second category, is largely generated and serviced by the Africa Group, working in conjunction with our ESAA firms. The main sectors that we are focusing on are in energy infrastructure, financial, TMT (technology, media and telecommunication) industries and consumer services. In terms of our practice areas and service lines, our focus is on corporate M&A projects and project finance and disputes,” Kemkers explained, adding that the team has worked in over 25 jurisdictions in Africa on significant energy and infrastructure projects, particularly in the clean energy space. Working on a continent with a population of 1. 4 billion spread across 54 countries with dozens of languages being spoken, understanding the local laws can be challenging. “In Africa, more than anywhere else, there is no substitute for local knowledge, and that's why we've grown our Africa network the way that we have. The upshot is that we have a genuine alliance which affords us and our clients access to strong, responsive local expertise,” commented Kemkers. He added that the firm's local law experts are the assets of the firm, enabling Eversheds Sutherland to provide sector- and practice area expertise coupled with cultural awareness and an understanding of the relevant legal and business environments. Kemkers also elaborates on how the firm mitigates risks for their clients in countries with political instability, and further discusses the seamless cooperation between Eversheds Sutherland and their alliance network. He goes on to share a bold step the firm recently took with China's foremost law firm, King & Wood Mallesons, and unpacks the exclusive cooperation among them – a benefit for clients investing and operating in Africa

In this podcast, Otsile Matlou chats to Africa Legal's Tom Pearson about the brand refresh at ENS, an African law firm that operates across the eastern, western and southern regions of Africa. To keep ahead of the changes and developments that are sweeping across the world, ENS (previously ENSafrica) is going through a brand refresh. Otsile Matlou, Chief Operating Officer at ENS, explains that their new positioning was spurred by the changes brought on by geopolitics as well as technology. The purpose, Matlou says, is to turn change into opportunity. “We went down a sort of strategic discussion that landed our firm with a new purpose, and it is out of that purpose that we ended up with this brand refresh.” Part of the brand refresh includes dropping the word “Africa” after the ENS acronym. “In 2012, the brand strategy of the firm supported the business strategy which was to ‘continentalise' our practice. We don't feel that the brand name needs to continue to support the business strategy. We think the brand name needs to support the firm's new purpose, and so the brand name shifts from aligning with the business strategy to linking closely with where the firm is going as a purpose-led organisation. We do, however, maintain our business strategy completely focused on the African continent.” Other features of the brand refresh include embedding technology as a legal service. This will allow leading clients to use active dashboards that showcase the financial aspects of their relationship with the firm, and is one way of moving from a traditional client–attorney relationship to a closer partnership where there's a line of sight on both sides – and predictability. “Our clients can expect a partner firm that is going to infuse our expertise, our skill sets, technology and a bit of social conscience to make sure that we can deliver good products,” says Matlou. He adds that the best way of making sure that lawyers at a large entrepreneurial firm like ENS adopt technology is not just to present the prowess of technology, but also the ease of client service benefits they can get out of it. Matlou emphasises that the success of their firm is dependent on its people who are considered brand or purpose ambassadors. “We believe that our purpose is nimble and dynamic enough to accommodate our diversity. Our brand is designed around this and therefore part of what we are going to do as we roll out the brand refresh, is embedding the firm's values across our business to ensure that there's alignment between the purpose of the organisation, what the brand stands for, and the set of behaviours that people embody on a daily basis to live up to the purpose.”

In this podcast, seasoned asset recovery professionals Alan Williams and Amaechi Nsofor discuss how the illicit flow of funds and assets can be recovered and restored to Africa. The United Nations Economic Commission for Africa estimated that last year a whopping $84 billion was lost through the illicit flow of funds from Africa. To put this figure into context, that's reportedly more than all of the money Africa receives each year in development aid. “If you could tackle this problem, Africa wouldn't need any development aid at all,” said Alan Williams, an experienced commercial litigator at RPC, specialising in banking and finance disputes, often with cross-border implications, and encompassing a wide array of commercial disputes across various sectors. Williams points out that at the centre of this challenging and complex problem are the unscrupulous politicians, officials and business people who pay bribes and involve the banks, along with lawyers and accountants who facilitate the transactions, sometimes unwittingly, but also sometimes knowingly. “It's not just a problem in Africa. You've got a sophisticated and opaque financial system that is enabling these funds to move out of Africa and then remain hidden,” he noted. Amaechi Nsofor, an expert restructuring and insolvency practitioner at Grant Thornton UK, says their key area of focus, and where they've seen the most activity around grand corruption and the illicit flow of funds, was with governments. Nsofor calls it sovereign-level stealing from the public purse and hiding those assets outside the countries from which they have been stolen. He notes that while previously, illicit funds would be moved to well known tax haven destinations or countries which had secrecy laws, they are now being channelled to countries within Africa. But it's not all doom and gloom, say the experts; key strategies can help recover stolen funds. “You follow the money and you deploy insolvency tools to secure those assets cross-border and take control of the assets and deal with creditor claims, which will end up with you returning the funds to the ultimate creditors who have lost out,” Nsofor explains. Williams adds that English courts have some of the strongest legal powers globally to take action to preserve assets, such as worldwide freezing orders that prevent parties from diminishing or disposing of their assets. He says collaborating and working with local legal practitioners and professionals in Africa as well as education and awareness around the processes is crucial in the recovery process. The insightful conversation wraps up with Nsofor and Williams sharing their views on what needs to be done to overcome corruption. Nsofor, citing the Credit Suisse scandal and the impact on ordinary Mozambicans, said governments should use their crime fighting agencies to run parallel investigations to those initiated by the UK, and fine local financial institutions found guilty of wrongdoing. “Fundamental to solving this problem is not just taking action in Africa, but it's also raising the bar in London and in other financial centres, and I think that is beginning to happen,” added Williams.

Milimo Mumbi and Chimwemwe Banda-Bwalya of leading Zambian law firm August Hill and Associates recently shared their views on diversity, equity and inclusion with Africa Legal's podcast host Thomas Pearson. August Hill Associate Milimo Mumbi's outlook on fostering diversity and an inclusive legal environment has been shaped by encounters with people from different ethnic backgrounds, even while at university. What Mumbi found was that differing opinions and suggestions on ways to resolve a problem helped produce solutions quicker, and he has seen that play out in the workplace. He has also noticed that more women are now given a place at the table, allowing them to be key decision makers. Mumbi's colleague, advocate Chimwemwe Banda-Bwalya, says this wasn't always the case, and while many law firms have made strides in empowering women, the industry is still dominated by men. Banda-Bwalya attributes this to men being viewed as readily available to put in the long working hours, while women are seen as being bogged down by family affairs. In the podcast, she discusses the importance of mentorship in empowering women in the legal profession. “I've been fortunate enough to have bosses who have been very deliberate about ensuring that I have certain standards to which I work and conduct myself in court,” said Banda-Bwalya. She also praised the late Irene Chirwa Mambilima, the former Chief Justice of Zambia, saying, “She's changed things for us women. If a woman can stand and lead the whole judiciary, there's so much more that we can do as women.” Mumbi believes inclusion and diversity need to be taught at law schools. He says at the moment these issues are only touched upon and taught as abstract concepts. “No one is speaking to the practicality of what this entails in the legal profession and how students should now ready themselves to actually go and practice that abstract concept that's being taught.” To address this, Mumbi says there should be a mentorship program at university level and opportunities should be created for law students to practically experience this in a workplace. He believes that to create further inclusivity, the industry needs to be more considerate of people with disabilities, encouraging the use of braille and sign language in courtrooms. Banda-Bwalya also shares her views on the next generation of lawyers and how technology will help better serve their clients.

Legal technology provides a multitude of benefits to lawyers. In this podcast, George Njoroge, a legal tech expert, and Africa Legal's Tom Pearson explore the evolutions in legal tech and analyse the benefits. Poor record management is often associated with inefficiency and corruption. To change that, George Njoroge, software expert and engineer, has come up with a technology tool that helps busy lawyers and in-house legal officers save time and operational costs, increase efficiencies and make better decisions. Njoroge, is the founder and CEO of Enfinite Solutions, the first company in Kenya to offer a digital legal service platform for organisations. With technology being the driver of efficiency in most aspects, Njoroge says law firms are slowly but steadily adapting to the tech evolution. He says most people don't know exactly what kind of data they hold – and its value – due to poor record keeping. “I keep giving this reference to some of our clients, that you could have a department with 200 files or so, bringing in more business than another department with over 1 000 files. Do you just focus on the good business that you're getting from this one department? Do you hire more people in the department that's increasing your revenue? Most people are not able to tell because they don't have any infrastructure to analyse the data. If you can't analyse – if you can't measure – you can't improve.” Njoroge says there are three metrics that every law firm in Africa should be measuring: understanding how many clients they have and who they are, billing, and the debt to equity ratio. He adds that legal tech has the greatest efficiency potential when it is used to replace repetitive manual tasks such as tracking hourly rates, billing and debt. But what does it take for a law firm that has always done things manually to transition to using technology? Njoroge says his company starts by mapping out the firm's data, understanding their clients and giving them a scenario where everything is available on one platform. This covers business management, accounting and finance, and the human resources aspect. Another trending topic Njoroge speaks on is that of data protection and security. He discusses why it is important for every lawyer to be aware of the regulations – and why firms need to have robust policies in place to ensure compliance. The conversation wraps up with Njoroge explaining how easy it is for lawyers to make use of Enfinite's products and services. “Once we do a customisation for the client, they are able to be up and running within two weeks,” he says.

In Part 2 of Hogan Lovells' new podcast, The Africa GC Series, three leading GCs from some of the world's largest corporates share their experience and insights regarding external legal advisors, ESG and the African Continental Free Trade Area (AfCFTA) Agreement. Deepa Vallabh, a partner at international law firm Hogan Lovells, introduces the second episode, in which Hogan Lovells' former Chair of Africa, Andrew Skipper, now founder and CEO of Polymetis Professional Solutions spoke to Samallie Kiyingi of African Export-Import Bank (Afreximbank), Vivian Osayande of Novartis, and Wellington Chimwaradze of Unilever. All the panellists agree that it's a balance between using in-house capabilities and looking for external advice which costs more but comes with added benefits. Osayande says for her it's always about asking “What is the most efficient way?” She highlights that in-house people are very internally focused, so there's the risk of missing trends, whereas external counsel brings agility from working for different industries and can often pinpoint new opportunities – but you must know you can trust their advice. Chimwaradze agrees with the importance of building a trusted panel you can draw on, which is what he's done. “They (external counsel) are an extension of me,” he said. Moving onto environmental, sustainability and governance (ESG) issues, Kiyingi notes that there are many conversations happening about ESG, but that sustainability is the key word. She highlights that for Africa sustainability may mean something different to what it does to the West, and speaks about the way Afreximbank is looking to influence this conversation. Osayande says innovation is crucial in driving sustainability, and notes some examples of this. Chimwaradze points out that he is proud of Unilever's purposefulness which set the ambition of driving sustainability before it was fashionable to do so, and which sets targets to make sustainable living commonplace across the globe. When it comes to AfCFTA, Kiyingi emphasises that it's important to be familiar with the agreement and also its origins, reminding listeners that AfCFTA is just one aspect of the African Union's Agenda 2063 which is the master plan for transforming Africa into the global powerhouse of the future. “How do we build institutions to ensure this works well?” she asks. Kiyingi goes on to point out that a key factor is building awareness of what this trade agreement does, and helping business and government take advantage of that. One way of doing this is through the trade fairs Afreximbank organises. Chimwaradze mentions tradeoffs that are inevitably required with agreements like AfCFTA, and Kiyingi highlights some ways of mitigating those.

In this podcast, guests from Ashitiva Advocates LLP, Pinsent Masons and the Nairobi International Financial Centre chat to Africa Legal's Tom Pearson about the three-way collaboration to woo investors to Kenya – the “Silicon Savannah”. There's a lot of discussion at the moment around enhancing Kenya's private investment ecosystem, and the private equity and venture capital roundtable that's being held on 12 September at the Nairobi Serena Hotel will help advance the conversation. The event is being organised jointly by premier African law firm Ashitiva Advocates LLP which has three commercial centres in Kenya, Pinsent Masons, a purpose led multinational law firm with 26 offices on four continents, and the Nairobi International Financial Centre, a dedicated government agency that creates an efficient and predictable operating environment. In the discussion with Tom, Nelson Ashitiva, Senior Partner at Ashitiva Advocates LLP and an expert in mergers & acquisitions, capital markets and corporate/commercial transactions, says the roundtable is about creating a bridge between investors and opportunities in East Africa. “Africa is ripe with a plethora of investment opportunities, so we are seeking to find out the impediments to the free flow of capital to Africa for purposes of investment. Once we understand those impediments, we will find a way to bridge them through a collaborative effort with all the stakeholders.” Jeddida Ndungu, Acting Director of the Financial Sector Development for the Nairobi International Financial Centre (NIFC) Authority, says their mission is to enhance Nairobi's position as the preferred hub for financial services and innovation. “We are able to leverage our role as a government agency that has been given the powers to provide incentives and also to work with other government agencies to ensure that we provide the best operating environment in the region,” Ndungu explained. She adds that the roundtable will be a good platform for the various stakeholders to be heard and provide solutions that they think the Kenyan government needs to explore and consider to enhance the ecosystem. Oliver Crowley, a partner at Pinsent Masons, specialises in the structuring and establishment of private investment funds across a range of asset classes and multiple jurisdictions. In the podcast, he shares his insights on lessons that could be learned from other regions. “The regime should be as frictionless as possible whilst protecting investors and providing good service providers, and all of that will provide the necessary checks and balances that investors expect to see when they're deploying capital,” he noted. Crowley says while the barriers vary in jurisdictions, the overarching one in particular is uncertainty. Some jurisdictions deal with this better than others, he says. Lisa Botha, a partner at Pinsent Masons who has a track record of advising on high profile transactions and assisting clients across Africa, points out that Mauritius has had substantial success in establishing itself as a financial centre for investment in Africa. “Kenya could provide a fantastic market for East Africa and for investments from Kenya upward bound further than East Africa,” she commented. Ultimately, the roundtable is a great opportunity to collaborate and shape what a successful Kenyan private equity and venture capital ecosystem would look like.

Hogan Lovells recently launched their new podcast, The Africa GC Series, where leading GCs from some of the world's largest corporates share their experience and insights. In Episode 1, three panellists focus on the evolving GC role as a business enabler and driver. In seeking to expand their knowledge of what keeps their clients up at night, international law firm Hogan Lovells partnered with Africa Legal to bring together three leading African GC for an extended conversation. Deepa Vallabh introduces the first episode which was hosted by Hogan Lovells' former Chair of Africa, Andrew Skipper, who is also the founder and current CEO of Polymetis Professional Solutions. For this podcast, Skipper spoke to Samallie Kiyingi of African Export-Import Bank, Vivian Osayande of Novartis, and Wellington Chimwaradze of Unilever. The role of in-house lawyers has evolved in recent years and general counsel can no longer focus on legal risks alone to help their businesses succeed in a rapidly changing marketplace. The trio spoke of how their senior roles now go far beyond offering reactive advice and managing legal risk; instead, modern-day general counsel must be proactive, highly engaged with their business and seen as “enablers” of broader business strategy. For Kiyingi, her role as general counsel goes beyond the expected high-level legal advisory aspects, to making various contributions as and when the business needs it. “What I do on a day-to-day basis, I think, is future-proofing the organisation: thinking strategically about the transactions we're doing, the risks, the policies we're pursuing, and where that will put the bank in the next five to ten years.” Osayande concurred. As Head of Legal for Novartis' Asia-Pacific, Middle East and Africa (APMA) Operations, her job encompasses the traditional lawyer role – including a large focus on ethics – but also includes conversations around price, access, ESG and speed of delivery. Then there's the added responsibility of acting as a mentor and guide to the company's team of 60+ lawyers. Chimwaradze, Vice-President Legal for Unilever Africa, also noted that although all three came from very different industries, there are many commonalities in what they focus on on a day to day basis. “I see myself playing the role of a defender in the team as well as an attacker/offence,” he said. Chimwaradze believes he is a facilitator for what the business wants to achieve, not just a manager of legal risk. “It's about identifying the issues, depending on what your business wants to do, understanding and appreciating the risks that might be associated with that. But, even more importantly, it is also to understand the opportunities that might lie within those conversations.” Osayande, Chimwaradze and Kiyingi also spoke about building confidence with external counsel, the importance of leadership, business acumen and emotional intelligence, and the growing impact of ESG and climate change. “Beyond your corporate priorities,” said Osayande, “all of us have to be more conscious than ever as to the sustainability of our businesses and accountability for our actions.”

In this episode of Life & Lessons in Law, James Kamau, seasoned lawyer and chair of DLA Piper Africa, chats to Africa Legal's Tom Pearson on how to attract and retain the best legal talent. Globalisation, the rapid advancement of technology and evolving workplace trends are among the reasons why retaining legal talent in Africa is becoming increasingly challenging. James Kamau, chair of DLA Piper Africa and Managing Partner at IKM Advocates (DLA Piper Africa, Kenya), says lawyers are pursuing international opportunities which very few of the local firms can match. “Today's lawyers are much more exposed to developments in emerging areas, which makes these international opportunities very attractive for them, for the corporates and for the international law firms.” With these international offerings becoming a threat to staff retention at local firms, Kamau suggests that local firms diversify their legal service offerings. He points out that the rapid advancement of technology is interrupting the marketplace, and if evolving workplace trends are not considered, there will be a continuous drain of legal human resources in Africa. “You must, therefore, ensure that the evolving workplace trends are attuned to the expectations of this talent. You must put in place agile working practices such as remote working, flexible schedules, cross-functional teams, cross-border collaboration, and then, of course, the use of technology. But you must also approach the learning and development of your people quite differently. You must complement the traditional planning programs with what is now being called the bite-sized learning formats, which includes microlearning,” Kamau explained. So, what does it take to attract and keep the best talent in Africa? Kamau puts it down to being a firm that has a market reputation for caring about the people and ensuring this is backed with a remuneration structure that enables people to have “what we call job satisfaction”. “The one thing that is most overlooked, and yet is the most powerful tool in attracting the best people, is word of mouth. The employees are your greatest ambassadors and it's therefore critical to have that healthy organisational culture and the employee-supportive policies that make employees talk about you,” he says. In the podcast, Kamau provides further insight on why law will continue to remain a lucrative career option for future generations alongside the other rapidly evolving careers such as digital marketing, artificial intelligence, coding and e-commerce. The conversation wraps up with Kamau sharing his views on how a firm can support its talent, right from being an intern all the way to partner: “If the environment is right, then rising to partnership becomes attractive to this generation.”

Legal technology solutions are not about reinventing the wheel, especially if there has been a culture of solving problems in a certain way for the past hundred years. Instead, it is meant to simplify productivity, making things easier and less time consuming, says Fikayo Durosinmi-Etti, CEO of ToNote, a technology company based in Nigeria that focuses on simplifying the way people agree to do business. Fikayo shared the story of his personal experience and that of others who've had the unfortunate experience of being misrepresented and having their signatures forged. He says with the right infrastructure and verification systems in place, technology can prevent these occurrences. One of the emerging technologies expediting the trust process is the remote online notarization service. What used to be a very long-winded, paper-based process requiring someone to be physically present, has shifted to a virtual system that makes use of electronic signatures and digitally generated stamps and video conferencing tools. “There are verification features as well, where any document that is generated from the system is accompanied by a transaction certificate and an audit trail that tracks every single change and every single action that takes place on the document. Whoever receives that document can type in the document ID or type in the notary number to verify that the document is indeed authentic and was generated from a credible remote online notary tool,” Fikayo explained. When it comes to adopting innovative tech solutions there can be a lot of resistance, but Fikayo says regulators across the world are starting to understand that technology is their friend. “It is not a replacement for anyone,” he said, “it's just something that empowers and enables you.” Fikayo has been privileged to engage and collaborate with some of the most forward-thinking minds in the Nigerian legal space, including members of the Nigerian Bar Association, the Nigerian Supreme Court and the Nigerian National Judicial Council, the National Assembly and the Presidency. Together with ToNote, they have been able to develop regulatory frameworks that support the use of advanced digital signatures and online notary tools. Jurisdictions across the continent are now embracing technology advancements. “Everybody has a digital transformation plan, and the legal industry will be a part of that transformation. At some point they will reap the benefits of it,” said Fikayo.

In this week's Coffee Break podcast, two seasoned arbitrators, Ania Farren and Marily Paralika, chat to Tom Pearson about how the International Chamber of Commerce Court of Commercial Arbitration is empowering and strengthening Africa's arbitration landscape. The world's leading arbitral institution, the International Chamber of Commerce (ICC) Court of Commercial Arbitration marks its centenary anniversary this year, with its continuing focus on promoting access to justice and providing a forum for independent and neutral dispute resolution. Since its inception in 1923, the ICC has championed the peaceful resolution of disputes as a way of supporting international trade and investment. Ania Farren and Marily Paralika from leading law firm Fieldfisher both hold impressive CVs when it comes to representing arbitral bodies and matters. In this podcast they expound on the ICC's role in advancing its fair and just arbitral proceedings globally. With 180 members from more than 100 countries, together with the ICC court Secretariat, which has six offices in different parts of the world, members ensure that the arbitration rules are properly applied through a framework that guarantees independent and neutral awards. Paralika and Farren say this is at the heart of the success of the ICC, “and probably why it is the most popular institution for big international Africa-related arbitrations”. The ICC has taken several steps to promote African arbitrators, such as the introduction of the Hold the Door Open initiative, which was launched last year to improve diversity. It is aimed at giving young African practitioners practical experience in observing arbitration hearings and engaging with counsel and arbitrators to improve their advocacy skills. In addition, the Africa Commission has been raising awareness about arbitration in Africa to build capacity in their arbitration community and to create more visibility of African arbitrators with a view to them being appointed in matters related to their jurisdictions. Paralika says this is to highlight and showcase African seats so that all the players can be more aware of appropriate arbitration candidates and seats which are ultimately dependent on the parties. However, the seats in Paris and London, the guests say, are still the preferred choices, and they explain why this is. They also provide insight on the emerging trend to have African disputes resolved in Africa.

Lighthouse Law and its group of companies are disrupting the legal space with their innovative ways of doing things. Justin Cornish chatted to Africa Legal's Tom Pearson about the firm's people-centred focus. At a time when AI is the talk of the town, it might seem counter-intuitive to put people at the centre of things, especially for a firm that's won awards for technology innovation in the legal sector, but that's exactly what Lighthouse Law has done. The combination is working exceptionally well for them and their clients. Lighthouse Law encompasses several business lines including traditional and alternative legal services through Lighthouse, legal tech through LightHub, and legal ops and procurement consulting through Beacon. The golden thread being their approach to innovation and the high quality of legal services running through them all. These services are offered from South Africa to clients in the UK, Europe, the Middle East, and Africa, with people at the centre of the solution and with price certainty as the keystone of the commercial proposition. In this podcast, Justin Cornish, CEO of Lighthouse, explains the rationale behind establishing Lighthouse in South Africa and highlights the wealth of South African talent with international expertise that they have been able to recruit. This has positioned the firm to "provide a top-quality service to clients looking for a more cost-effective approach to legal services". As an example, Cornish notes that “the M&A space is ripe for this kind of disruption. Big Law clearly still dominates, but, certainly in mid-market private equity deals, there are great opportunities to explore alternative models for providing the services that both acquirers and sellers need in a transaction.” Beacon, Lighthouse's legal ops and procurement consultancy service offering, focuses on building long term relationships with their clients. “We're not a firm that has a thousand clients with limited ad hoc instructions; we are a firm that works closely with clients to build strategic and enduring relationships. A big part of it is understanding the business and the commercial imperatives of that organisation to know how best our legal team can support them. Beacon allows us to build this understanding at the outset, enabling our managed legal services solution to take care of much of the ‘churn work' in-house lawyers have on their plates each day,” Cornish said. Lighthouse effectively implements solutions that free up capacity and increase the strategic value an in-house lawyer provides to its business. Cornish is known for his extensive activity on technology and outsourcing transactions, and Lighthouse's utilisation of data and technology places them as one of the innovation leaders in this arena. “We are certainly tech-forward as an organisation,” Cornish noted. “We've developed our own tech and we explore the market for tech that can enable us to provide better services to our customers all the time.” LightHub, the firm's award-winning legal tech offering, is also a leader in contract management innovation, providing a wealth of valuable legal know-how, logical legal repositories, as well as easy-to-use legal dashboards to track workflow and analyse data, all in a way that helps in-house teams make informed and data-based decisions about how to work more efficiently and where best to deploy resources. Cornish is especially proud of the Lighthouse Academy, which offers mentorship, training and skills development programs for BBBEE law graduates in South Africa. He says while transformation is itself a noble cause, Lighthouse wanted to make a tangible difference by enabling its Academy graduates to access quality legal opportunities in the legal sector – all in the context of very high unemployment rates – and they have some real success stories.

The Legal Locum Network has made its name offering flexible career options for talented attorneys, and high quality services to clients. In this podcast, Maha Deeb chats to Tom Pearson about the company's impact on the legal profession and its expanding footprint. Established in 2001, The Legal Locum Network (LLN) has been at the forefront of providing alternative and managed legal solutions, offering flexible career options for talented attorneys and tailor-made services for clients. It all started when Maha Deeb noticed that a raft of top tier firm lawyers, mostly women, were contemplating leaving the profession due to the punishing hours at work which made it almost impossible to attain a work–life balance. In stepped Deeb, the founder and CEO of LLN. She established the company as a way to retain highly skilled lawyers in a different, more flexible environment, where they could offer their services on a more balanced basis. LLN's offerings are tailor-made for their clients. Deeb says many traditional law firms make use of their services, for example for assistance with due diligence exercises, certain projects such as in public–private partnerships, and with document management systems. They are also available to fill in for in-house counsel in corporates across industries, banks and mining houses. “We don't need micromanaging, we don't need to be hand-held, we just jump right in and hit the ground running. And that is a very valuable and compelling offering for in-house counsel,” says Deeb, adding that LLN has different models to choose from that suit both their legal experts and their clients. “I've always believed that you don't need a full day's work to be able to get through a lot of volume efficiently. What you do need is an uninterrupted, head-down opportunity to do the work,” Deeb explained. With a firm footing in South Africa and with some multinational clients, including mining houses, LLN is poised to roll out their services globally. As remote work has become a norm rather than an exception, companies have understood the feasibility of working remotely with excellent productivity across geographies, and Deeb says there's no reason why LLN shouldn't be venturing outside South Africa's borders. “We have started dipping our toes into the UK market, into the Middle East, the UAE and into the rest of our continent,” she shared. “We are talking to the multinationals in South Africa that have footprints on the rest of the continent, and we are also talking to multinationals in the UK which are South African held. In this way we look for initial soft landings where we are known and well received. I'm very pleased to say that we are progressing well.”

For centuries there has been a strong London–Africa connection, and that's still true. Weyinmi Popo, managing partner at Asafo & Co.'s London office, chatted to Tom Pearson about the firm's tailored expertise and international reach. London has been thriving as a legal hotspot for much of the English-speaking world, and a lot of private equity and international finance flows into Africa from that economic hub. With this in mind, it was only natural for international law firm Asafo & Co. – a firm conceived and built specifically to accompany and contribute to the success of Africa's transformation – strengthen its office in the largest city in the UK. Weyinmi Popo, who was recently appointed as managing partner and heads the London office, says it's an exciting challenge to build and grow the practice into one of the leading Africa-focused international firms. Popo has more than 25 years' experience and is ranked for his expertise in private equity and mergers & acquisitions. He envisages working with clients who want to invest in and out of Africa regardless of the direction in which capital flows. He says their London office provides a helicopter view of the African continent, and of how capital flows are moving between regions. “London is a hub and we can reach out to the different bits of the continent and connect them. If you look at a lot of the African discussions around interaction and trade, London still plays a very big part in that. I think we can play a very good quarterback role,” he noted. With regard to current trends, Popo foresees niche opportunities in technology-related investments from the United States. “I think that's something that's really upended the investment landscape in Africa, and in a good way because I think it's dynamic capital that is looking for talent and it's a good match.” Another area for investment, says Popo, is in the agricultural sector, with 40% of land in Africa being arable, making it easy to grow just about any crop. “I think that is one area where there has been underinvestment or less of a focus from an investment perspective, and it's ripe for investment. I have recently started to see a bit of movement there with lots of people starting their funds dedicated to agricultural investment.”

In this podcast, Stephen Nthite, a director at Beech Veltman Incorporated, chats to Africa Legal's Thomas Pearson about illegal mining in South Africa and how it intersects with the sector's response to environmental and social governance. South Africa is a mineral resource-rich country, with precious metals like gold, diamonds and copper among others, but mining these commodities without authorised legislation is illegal and there are many ramifications to doing so, says Stephen Nthite. Nthite has over 27 years' experience in the legal sector, with a specific interest in occupational health and safety, environmental law and community engagement initiatives. While some large scale mining companies and artisanal miners have licences to extract mineral resources, he says that illegal mining has become predominant in certain parts of the country. For example, in the Northwest province there are many alluvial diamonds and people could just dig a little hole and pick one up. “There's a lot of illegal mining activity going on there. Diamonds, unlike gold, are quite easy to handle and process. They don't take a lot of engineering work and all of the stuff that's required to deal with them. The only difficulty with diamonds and the environment has to do with mercury that the illegal miners use. It's uncontrolled and unsupervised and sometimes extremely dangerous – not only to the lives of people around the illegal mining area, but also to the illegal miners themselves. Quite a lot of them have died as a result of exposure to mercury,” says Nthite. However, following recommendations from a Human Rights Commission report, various South African government departments and the Mining Council have been working together to stop illegal mining. Nthite says Beech Veltman Incorporated always advises their clients that if there is suspicion of illegal mining, the intelligence gathered should be handed over to government law enforcement agencies to deal with. He also stresses the importance of having a good working relationship with the communities in which the mines operate and to always consider social labour plans that benefit the local population, including training and reskilling. “We advise our clients to have a collaborative approach with the surrounding communities, because if you don't talk to them or you talk to them via the government, they see you as this outsider who has come to steal their minerals and run away with the exports and money.”

In this podcast, Alberto Simoes and Bridgett Majola of CMS share their insights on the increasing pace and scale of renewable energy projects in Africa, with Africa Legal's Tom Pearson. The good news is that the current upswing in renewable investments in Africa is expected to continue for the foreseeable future. Alberto Simoes, a member of the executive team at CMS Africa and partner heading the Lusophone Africa practice, together with Bridgett Majola, a banking and finance lawyer who leads the Project Finance division for Energy and Infrastructure in South Africa, weigh in on the pros and cons of investing in a continent that is rich with renewable energy resources. Africa has 40% of the world's solar energy potential and huge potential in hydro and wind energy, which is why increasing investment here will contribute greatly to renewable energy and achieve energy transition through sustainable development, says Simoes. However, there are limited financial markets, with the exception of South Africa, Nigeria and Kenya, which require finance from outside the continent – a trend that Simoes has been seeing. When it comes to Lusophone Africa, he says there has been a concerted international effort to create the conditions required for the development of renewable energy in the five countries. He points out that Angola and Mozambique, which have major potential for producing renewable energy, have attracted more investment in this area compared to the others. “There have been huge efforts to modernise the regulatory framework of these countries. In Angola there has been a recent new private investment law flexibility on the foreign exchange and the possibility of dividend repatriation,” Simoes noted. He is of the view that the government needs to focus on simplifying the licensing of projects which is still a cumbersome issue. Majola highlights that many African countries are able to produce minerals that are vital to producing clean energy, and she has observed a shift from using technology from abroad to local suppliers, partly due to regulations that require this. “I think it will assist with any foreign direct investment that comes in or any offshore producer, to also produce locally, because now it should be easier for them to comply with some of the requirements that made it a bit difficult to manufacture in South Africa or in African countries,” Majola said. She notes that while the local empowerment agenda is being embraced, this isn't happening at the speed it should. Simoes and Majola also unpack other legal and regulatory obstacles that investors, developers and enterprise managers experience when venturing into renewable energy, and how these challenges can be overcome.

Rupert Candy paints a grim picture of the treatment of whistleblowers in South Africa and calls for a greater level of legal protection for them, in this podcast with Africa Legal's Tom Pearson. Were it not for the bravery of whistleblowers in the public and private sectors, fraud, corruption and money laundering would cripple the economy and devour the fabric of South African society. Yet not enough is being done to protect these men and women who expose unsavoury criminal activities, says Rupert Candy, Director of Rupert Candy Attorneys Incorporated. While the country's Protected Disclosures Act (PDA) provides protection for those who fall within a workplace relationship, and protects occupational detriment, he says it fails to expand into the scenarios whistleblowers face in the real world. Candy's firm is currently representing a group of whistleblowers whose lives are at risk. The employees work for a state-owned entity and had reported the wrongdoing there, but then found themselves being suspended by their employer and dragged to court to face a litany of charges. Candy believes that whistleblowers should be protected from the legal system to prevent them from being harmed and financially ruined to the point where they can no longer afford to stay the course. He says the shortcomings in the PDA could be addressed and changed through a number of mechanisms. “You could expand the list of people to whom a whistleblower may disclose to in the Act. Free counselling is also an option, as are financial support, legal advice, representation, and making people aware through public relations exercises of services provided for whistleblowing. All this can make them feel at ease and be reassured in coming forward because there is that stigma (that whistleblowers are troublemakers),” says Candy. Additionally, South Africa should be looking across its borders to compare what's being done in other jurisdictions to protect whistleblowers. He points out that Ghana, for example, has the Whistleblower Act that affords a number of protections, including legal representation. Candy also discusses the role that civil society and the media play in promoting and protecting whistleblowers. The conversation wraps up with Candy's advice to anyone who wants to blow the whistle on corruption but is afraid of the potential consequences. “In a South African context, I would say that the state of corruption is almost nearing a point of no return, and blowing the whistle is one of the most effective ways to curb our country from being further damaged. Yes, it's not an easy task to do, but, by stepping forward, it might give others the courage to also report on unethical and criminal behaviour”, he comments.

In this Africa Legal podcast titled Life, Lessons and Law, a new series in partnership with DLA Piper Africa, expert lawyer James Kamau chats to Tom Pearson about legal education in Africa. Even with 30 years' experience as a corporate and projects lawyer James Kamau, managing partner at Kenyan law firm IKM, and chair of DLA Piper Africa, still considers himself a student of human nature. Kamau wants to share the lessons and skills that he has learned along the way with the new generation of lawyers, who would otherwise find it difficult to break out of the mould. “I've come to realise that the practice of law involves human interactions. It involves a lot more than what I was taught in law school and much more than what I thought when I joined the legal practice 30 years ago,” explained Kamau. “During that time, I had been sharpened to be a courtroom lawyer equipped with legal knowledge, but what I realised was more useful, was how to get a client to trust me with their work.” Kamau's passion to empower the next generation is evident in his conversation with Tom as he details the challenges the youth of today encounter and offers solutions for overcoming these hurdles. “People who come from lower socioeconomic backgrounds and marginalised communities cannot access education at the secondary level because they have to drop out of school to help their families. These people have not had an opportunity to join what is considered in Africa to be a prestigious profession, a profession that changes lives and the fortunes not just of individuals, but families and communities,” he says. Other factors that add to this, says Kamau, are the cost of education and the quality of training and mentorship. However, he is confident that a concerted effort in a multi-pronged approach that involves the legal education system, government, the private sector as well as local and international law firms would strengthen the legal practice across Africa. The DLA Piper Headstart Africa programme, in collaboration with DLA Piper Africa, Kenya's IKM Foundation, is already paving the way in this arena.

In this podcast, Joy Impano of Gikera & Vadgama Advocates shares her insights on all things related to the African Continental Free Trade Area agreement with Africa Legal's Tom Pearson. The African Continental Free Trade Area (AfCFTA) agreement, which aims to create a market for African countries to prosper by engaging in intra-continental trade, has been moving at a slow pace. While 80% of African countries endorsed the agreement last year, only eight of the 44 countries are currently using the AfCFTA to their advantage. Joy Impano, associate at Gikera & Vadgama Advocates (GVA) based in Kenya, says the AfCFTA has the potential to transform trade within the African bloc by promoting economic development, creating jobs and facilitating industrialisation on the continent. However, there have been many challenges which include non-tariff barriers such as customs delays and inadequate customs procedures, cumbersome and bureaucratic regulations, unequal bargaining power and different regulations. In addition, poor quality infrastructure such as roads, railway networks and ports were other practical impediments, says Impano, while also pointing out that these issues were being addressed. “While infrastructure remains a key problem in actualising this dream, we are seeing African countries invest a lot in infrastructure, and so we hope that, over time, this hurdle will be crossed,” she said. Impano believes that technology will play a major role in advancing the AfCTFA, especially for small- and medium enterprises. “Technology certainly can be that silver bullet that we need,” she noted. “One of the challenges the African continent is facing is poor infrastructure and so instead of transporting goods by road (to shops), you could sell them online and access a bigger platform and market. So technology can play a significant role in facilitating trade under these agreement platforms such as e-commerce. Digital payment systems can help simplify and streamline trade processes, reduce transaction costs and improve efficiency in many ways.” In the podcast Impano elaborates on the risks that the AfCFTA can pose when it comes to the economic capacity, infrastructure and competitiveness among countries. The conversation wraps up with Tom and Impano analysing the critical role that lawyers can play when it comes to resolving disputes which are bound to happen as their clients engage in more intra-African trade.

In this podcast, John Ohaga, managing partner at TripleOKLaw Advocates, based in Nairobi, Kenya, chats to Africa Legal's Tom Pearson about Africa becoming a renowned seat for arbitration. Widely recognised in Africa and globally for his exemplary work and expertise in dispute resolution, Senior Counsel John Ohaga is well respected when it comes to all things arbitral related. Ohaga, who holds an impressive CV, credits updated arbitration legislation, trained and certified arbitrators, as well as the growth of arbitration institutions in many African countries for having contributed to the utilisation and awareness of arbitration as a dispute resolution mechanism. He says, given the opportunity, African arbitrators can provide the same skill set and quality of service as their Western and Eastern counterparts. “Practitioners in Europe and the Americas and perhaps across Singapore and Hong Kong have great opportunities to practise arbitration on a more frequent basis and therefore hone their skills. It also means that arbitration institutions are better able to fund the acquisition of infrastructure to have better hearing rooms and other facilities that would make holding an arbitration hearing comfortable, efficient and effective. Africa is playing catch up, because we do not have the same opportunities that practitioners in those jurisdictions have.” Ohaga maintains that there should be a medley of stakeholders who advocate for using an African centre for arbitration. He uses Kenya as a successful example, where the former attorney general issued a memorandum that required every state corporation entering a contractual relationship, to designate the Nairobi Centre for International Arbitration as the institution under whose auspices a dispute would be governed in the event any occurred. This move shines the spotlight on the country as a venue and then a seat. Ohaga, who was recently appointed to the board of the International Council for Commercial Arbitration (ICCA), says his role is mainly to promote African arbitration and ensure that the ICCA establishes a greater presence on the continent so that it can be globally aligned. He goes on to advise on how one can become a member of ICCA and how another organisation, the African Arbitration Academy, is training the next generation of arbiters. The conversation wraps up with Ohaga discussing key trends that are shaping the future of commercial arbitration, and how the jurisprudence that flows out of courts can define whether or not Africa will be considered a safe seat.

Many businesses in financial difficulties wait until it's too late to apply for corporate administration. Julie Mulindi, an associate at Gikera and Vadgama Advocates, recently spoke to Tom Pearson about the help that's available. Corporate insolvency is an important but often ignored area of law that companies should be aware of, because there are times that businesses face difficulties which threaten their financial status, says Julie Mulindi. Poorly managed corporate distress may lead to multiple claims being filed by creditors in court or arbitration. Insolvency law provides reprieve to such claims and an avenue for the proper management of companies that are in distress, to either rescue redeemable companies or liquidate them. Mulindi says many Kenyans are not aware of the corporate rescue mechanisms available before they are forced to shut their doors. Statistics provided by the Kenyan insolvency regulator showed that during the height of Covid-19, when most businesses could have benefitted from corporate rescue mechanisms, there were about 91 liquidations, 22 administrations and no voluntary arrangements. Mulindi attributes the poor uptake of corporate rescue mechanisms to the legacy of Kenya's previous insolvency legal framework, which only provided for the winding up or liquidation of companies. “Consequently, when most companies run into financial or management troubles, they elect to shut down the business and liquidate the companies instead of incurring more debts.” She also highlighted that the courts have observed that there is a liquidation culture which is still prevalent in Kenya, where the treatment of debts by creditors is punitive and Victorian rather than rehabilitative. Mulindi, however, encourages distressed companies and creditors to consider corporate administration, which gives a lifeline to companies. This is achieved by giving a company breathing space to adjust its affairs and manage creditor claims through a moratorium or a legal ringfence against legal action being taken against the company, to allow it to turn around. “Timing is critical. The sooner a company identifies its indicators of financial distress and takes the right measures and implements clear turnaround plans, the better the chances of survival,” she commented. Mulindi recommends that companies, whether they're in financial distress or not, have good financial reporting, because it's there that the indicators of financial distress can be identified. Mulindi concluded that good corporate governance and engaging a professional, such as a lawyer from Gikera and Vadgama Advocates, as soon as possible will also give a company the chance to resuscitate itself.

In this podcast, as part of the Ubuntu Mental Health series, Briony Liber chats to Africa Legal's Tom Pearson about the journey to burnout and how it can be avoided. Burnout, simply explained, is the emotional and physical depletion of energy that one experiences when they've been under chronic workplace stress for a very long time and haven't managed it. Briony Liber, career- and self-leadership coach, describes a person who is burnt out as someone who has gone through the journey of being highly engaged in their work to being depleted, negative, cynical, withdrawn and not contributing the value that one would want from a high performer. Research, she says, showed that 89% of top managers have reported feeling this way, which means only 11% of top managers are fully engaged in the workplace. All because society and organisations expect professionals, including legal, to work a good hundred hours a week, which is two and half times more than the normal working hours, in order to achieve their targets. “Industry is saying this is acceptable; this is what you need to expect. When you're trying to meet that at an individual level, you start finding yourself absolutely exhausted. But the narrative is, ‘I've got to meet this and I'm an epic failure if I'm not meeting it.' You kind of get caught up in this vicious cycle of ‘I'm really, really exhausted, but I need to work even harder in order to prove myself',” she says. Liber reveals that almost every person she has spoken to in the legal industry has talked to her about burnout. “They've either been hospitalised because of burnout or they've changed careers completely or the direction in terms of the legal work that they do because they've burnt out.” She points out that workplaces should have systems in place to prevent their employees from burning out. “I think you have to design your systems to support and enable people to delegate. You have to design and reward the behaviours where leaders and teams are supporting the ethos of ‘We want a sustainable lifestyle here. We don't want to burn our people out'.” Liber advises that boundaries, as difficult as it may be for an individual, must be set, if their well-being is to be considered. The conversation between Tom and Liber includes her own experience of having suffered burnout twice, and coping mechanisms she employed.

Webber Wentzel and their alliance partner Linklaters offer their associates the opportunity to work temporarily for sister companies. In this mini-podcast series, Africa Legal's Tom Pearson chats to Paula Ann Novotny about her secondment to London. Novotny was offered a secondment to Linklaters London and says she wasn't even aware that such opportunities existed when she joined Webber Wentzel, but that the experience she gained from living and working in another country was immensely fulfilling – both professionally and personally. During her time in London, Novotny got to develop and hone her skill set in the field of environment, social and governance (ESG) issues. She found that the way ESG factors into transactions in London and the global north were different compared to back home. “It's less corporate transactional-based than one would imagine. It's evolved into a newer line of advisory work, and so it really didn't have everything to do with the size of the transaction or the scale of the deal, but rather the different types of advice that different company types or organisations need, based also on their differing stakeholder expectations and requirements. There was much for me to learn during my time at Linklaters,” Novotny commented. With the role of lawyers evolving, a key skill she learned was being adaptable to clients' evolving operational environments. “We're now expected to give a more comprehensive view on risk and opportunity. We're almost quasi-consultants; the role of lawyers being principally or traditionally risk custodians has evolved into us also being very well-placed to identify opportunities and the different layers of risk. There are multiple risk factors, but those also spin off into opportunities, and so the way we give advice has to be commercially sensible; it has to be sustainable; it has to be adaptable. And all those kinds of skill sets and applying different worldviews and how different stakeholders that operate in different jurisdictions view similar issues or actually have their own contextualised issues, has become very important to how you actually give holistic and meaningful advice to clients,” said Novotny.

Webber Wentzel and their alliance partner Linklaters offer their associates the opportunity to work temporarily for sister companies. In this mini-podcast series, Africa Legal's Tom Pearson chats to Jimmy Mkhabela about his recent experience in London. Jimmy Mkhabela, partner at leading law firm Webber Wentzel, always knew that he wanted to go on secondment – an opportunity to gain international experience and exposure – he just wasn't sure how it would come about. His dream was further fueled when a colleague at the firm who had been placed on secondment told him if there was one thing he needed to do, that was it. When the opportunity arose for him to apply, Mkhabela didn't think twice, even though he was in the running for a promotion back at the Johannesburg headquarters. While living his secondment dream at Linklaters London, Mkhabela got the added bonus of being made partner at Webber Wentzel. Working on M&A deals in London was not much of a transition from what he presently does at Webber Wentzel, but Mkhabela says the size of the team he worked with was impressive. One of the key learnings from his time in London, says Mkhabela, was the importance of building long lasting relationships. “If you open yourself up to people, they will receive you. And before I knew it, I was already making friends and those friends became my support structure in the office. I found that it's quite important, that every space that you find yourself in, you actually try to extend yourself to people and build relations, because that may come handy at a later point in time where you least expect it.” Mkhabela has also been inspired to work on more cross-border deals spanning several jurisdictions, like he got to do with Linklaters. With the Africa Continental Free Trade Agreement looming large, Mkhabela intends to put his new skills and expertise gleaned, to full use. “Running across different time zones, for me, was the biggest highlight. So I think that has shaped me, in a way, towards what I've always wanted to be – a well-rounded lawyer,” he commented.

Secondments are an incredible way to understand different areas of business, structure and work ethic. In this mini-podcast series, Africa Legal's Tom Pearson chats to Amaarah Mayet from Webber Wentzel who is currently on secondment at Linklaters London. A law firm that offered international exposure was top of mind for Amaarah Mayet when deciding on a company to join after graduating from law school. Webber Wentzel stood out for her, head and shoulders, because of their alliance with Linklaters. “I don't think any other firms at that time had such an established alliance, and I think Webber Wentzel really was pioneering this type of arrangement. It was also something that I was very interested in, in terms of just expanding my skill set and enhancing the different legal aspects of my career. It was something that played quite a huge role in me deciding where I would want to sort of invest my time,” Mayet explained. Mayet was the first junior lawyer at Webber Wentzel to go on secondment, and she says the experience has been fulfilling and enjoyable. “One of the most important things for me is that because I come from a litigation background, I had this misconception that if I was qualified in litigation in South Africa, I didn't think that it would be something that I could do in another jurisdiction. Dispelling the misconception has been so eye-opening because I've realised that the skills that you learn are actually quite transferable. It's not as limiting as I had initially thought.” Mayet says there are many opportunities that can be gained from an international secondment, and one of them is thinking at a global level. “Being exposed to the complexity and the variety of work that is out there definitely inspires me to want to reach to do more cross- and multi-jurisdictional work. I think for me personally, being on a secondment made me feel a little bit more comfortable in my role in terms of adding value to a team at any level,” she said.

Alliott Global Alliance is rapidly expanding their footprint in Africa. In this podcast, Giles Brake, CEO of Alliott Global Alliance, and Stephen Gitonga, partner and founder of Gitonga Mureithi & Company Advocates, share their back story and vision for the future with Africa Legal's Tom Pearson. Inspired by the need to provide more than just accounting and tax services to their growing list of clientele, Alliott Global Alliance (AGA) has evolved into one of the largest multidisciplinary alliances of professional firms. CEO of the alliance, Giles Brake attributes this to the synergy between accounting and law firms, which has presented opportunities to collaborate on day to day compliance, tax, private wealth and major international deals. “The reason it worked and clicked is because law firms face many of the same challenges as accounting firms which have clients who are expanding all the time. I think both professions saw huge opportunities to collaborate and to cross refer in terms of the business model,” says Brake. Firms that are part of the alliance meet a strict criteria, Brake adds. In return, they gain significant value by being able to tap into a global resource base, ultimately putting their clients into a safe pair of hands with a non-competing firm that they trust. While AGA's roots were tightly established more than four decades ago, and its association with law firms began in 2004, its push into Africa was part of an accelerated growth plan that started to kick into action about five years ago. In 2018 Stephen Gitonga, partner and founder of Gitonga Mureithi & Company Advocates joined AGA. This was after the Kenyan-based law firm sought to team up with an international network to boost their global offering. Gitonga says AGA was the perfect fit. “We did not just want an alliance for business, but one that would work for us in terms of training, the sharing of expertise, and the opportunity to collaborate on regional and global tenders, for example. To us, one of the biggest selling points of AGA was the exclusivity you get in your jurisdiction, and that for us was quite appealing,” he noted. Both Brake and Gitonga elaborate on the mutual benefit for the alliance's accounting and law firms, a unique combination that's really attractive for a progressive international company. Brake says AGA's vision for the near future is to continue expanding organically throughout the continent. “We need to maintain this growth trajectory that we're on. It's easy to say bigger isn't always better, but I think it is in our case, and I think being bigger will increase the opportunities for our members and of course for their clients as well. That means, however, having the right firms in the right jurisdictions that can meet the growing needs of clients. Everybody knows that Africa has huge promise as an investment location, and some of the markets in Africa are very large. So we need to be there.”

Webber Wentzel and their alliance partner Linklaters offer their associates the opportunity to work temporarily for sister companies. In this mini-podcast series, Africa Legal's Tom Pearson chats to Eamon Alsaffar and Archie Prew who are on secondment at Webber Wentzel in Johannesburg. Eamon Alsaffar had a choice of being seconded from Linklaters London to Paris, Singapore or South Africa. He chose the latter as he was eager to immerse himself in the country's culture and experience what it's like to be one of the locals there. Alsaffar says he has already benefited from the social skills gained from friendly interactions. “In terms of career development, I think what has been the most tested is definitely the social skills you will show. You learn a lot about how to interact with people. In South Africa in particular, people are incredibly friendly. Just picking up on those soft skills can then be transferred in a more sort of micro context on a day to day basis in terms of your career,” he commented. He has also been pleasantly surprised by the approachability of colleagues at all levels at Webber Wentzel. “I have no issues walking into a very senior partner's office and making conversation with him and knowing that they are equally engaged in that. In London, things are a bit more hierarchical. When I go back, that's something I can try to help implement or encourage because it makes working easier,” noted Alsaffar. Archie Prew, who is also on secondment at Webber Wentzel from Linklaters, said he would not have worked for a law firm that did not offer international exposure. The advantage of the work exchange program, Prew says, is taking one out of their comfort zone. “Having to go into a new firm, learn a new culture, then meet new people, forces you to adapt quicker, to improve your teamwork, communication and also see different types of work. So I think that all of these benefits rolled into one is just a fantastic thing to be able to experience and is only going to help me going forward in my new career,” Prew commented.

Environmental, social and governance (ESG) considerations are trending right across Africa. In this podcast, Africa Legal's Tom Pearson speaks to members of ALN Nigeria and ALN Kenya to explore how mergers and acquisitions and corporate transaction trends are shaping business. A robust legal and regulatory premise for ESG, in addition to businesses taking the initiative more seriously, is fast evolving, explain Ajibola Asolo and Adeolu Idowu from Aluko & Oyebode | ALN Nigeria. Asolo says there are a number of regulations which apply to companies in Nigeria. “The principal legislation that applies to corporates in Nigeria, the Companies and Allied Matters Act, imposes a duty on directors to ensure that they act in the best interest of companies, and that companies have due regard to the environment and communities in which the operations are based.” In addition, Asolo notes that there are guidelines issued by the Securities and Exchange Commission in Nigeria that set out broad principles and recommendations pertaining to sustainable finance. These guidelines essentially mandate all of the Commission's regulatees to report on the progress relating to the implementation of ESG principles in their annual reports, among other things. Asolo also points out that the Petroleum Industry Act, which covers companies in the energy space, sets out regulatory imperatives designed to ensure that companies operating in this space meet the requisite health, safety, and environmental standards. Dominic Rebelo, partner at Anjarwalla & Khanna | ALN Kenya, shares his insights on the regulatory environment in the East African region. He says Kenya should be one of the leaders on the continent – and potentially globally – in terms of environmental protection. “We had a new Constitution in 2010 which was one of its kind in that it entrenched environmental protection in its preamble, where it states specifically that the people of Kenya are determined to sustain the environment for future generations. And then in the body of the Constitution itself, it gives as a fundamental right, the right to a clean and healthy environment for every person in Kenya. So that's a huge right to be given under the Constitution. It applies to everybody living in Kenya and then obligates the government to put in place the protections required to ensure that their right is met,” says Rebelo. Rebelo adds that legislation like the Climate Change Act and the Energy Act has pushed the country to generate power from more green resources. Idowu reckons that there is a global focus on renewable energy, and whether in the environmental, social or governance space, it's just good business to have strong ESG practices and to create a structure that embeds as many of the principles as possible. With Nigeria having the highest volume of M&A in the finance, energy and petroleum sector, particularly in mining and utilities, she explains why major oil and gas companies are divesting of their onshore assets.

In this podcast, Zaakir Mohamed, a partner at CMS, chats to Africa Legal's Thomas Pearson about why cyber security and compliance go hand in hand. Africa is in the midst of a rapid digital transformation, and that brings with it the possibility for some businesses to be cyber hacked. It is critical that organisations ensure compliance with the relevant data privacy legislation across the jurisdictions in which they operate, to safeguard both sensitive client information and the business's reputation. Zaakir Mohamed, Head of Corporate Investigations & Forensics and specialist in Corporate Governance & Compliance and Data Protection & Privacy at South Africa-based law firm CMS, says the failure to comply with such legislation can expose an organisation to significant regulatory risk. This may include administrative or other sanctions that may be issued by a regulatory body, as well as significant reputational risk for the organisation. Mohamed says organisations need to understand what the legislation requires of them. They need to consider the nature of their respective operations in order to best decide how to implement appropriate data, privacy and cybersecurity measures that will ultimately strike the right balance between ensuring regulatory compliance, as well as having the right cybersecurity measures and tools to meaningfully protect themselves from cybersecurity and data privacy risks. He lists three stumbling blocks to organisations trying to mitigate the risk of cyberattacks, the first relating to employee behaviour because they are the first line of defence when it comes to cybercrime. Mohamed says a company may have the best cybersecurity tools possible, but if employees lack an understanding of what cybersecurity risk is, and what behaviour is expected of them in order to mitigate these risks, it could create significant vulnerabilities. He shares his insights on South Africa's Minimum Information Security Standards (MISS) and whether it is enough to keep up with the speed of ever-changing technology. He says whilst these standards are of critical national importance, they cannot be looked at in isolation. “We can have world class pieces of legislation and standards, but if they're not used effectively, they're absolutely meaningless.” Mohamed points out that while regulatory notification obligations when reporting a breach may differ according to jurisdictions, the commonality in most of them is to report to the data privacy regulator as soon as possible. “But then you've got some legislation that attaches a specific time period to that which could be within 72 hours,” he said, explaining that having an incident response team is important. The enlightening discussion wraps up with Mohamed talking about why data privacy is not just about regulatory compliance

In this vidcast, Webber Wentzel's team of competition, trade and investment (CTI) experts share some valuable knowledge and insights. The vidcast – hosted by Yael Shafrir, a trade and investment lawyer at Webber Wentzel specialising in Africa FDI and the AfCFTA, in collaboration with Africa Legal – focuses on foreign direct investment trends, public interest considerations for merger filings, key policy developments and investment promotion across the African continent. Key for any investor looking at investing in a foreign country is a broad understanding of the legal and regulatory landscape. Sarah McKenzie, a specialist in international and domestic commercial and treaty arbitration as well as regulatory, international trade and commercial litigation, unpacks the investor due diligence that needs to be considered. Factors such as understanding the law in relation to the investment protection available if something goes wrong, as well as understanding applicable bilateral and multilateral treaties are some of the topics that McKenzie addresses. Burton Phillips, an expert in all aspects of competition law, discusses the type of public interest considerations being imposed in merger filings. He says there have been a significant number of developments recently, pointing to the Act, which necessitates investors considering both competition and public interest factors relevant to mergers and acquisitions. Phillips cites the Burger King merger as one where public interest factors resulted in an initial prohibition of the transaction. He mentions that public interest factors are now considered on par with competition factors, resulting in competition practitioners becoming public interest lawyers. A notable trend in merger approvals, says Phillips, is the employment factor, which continues to evolve, and ownership by historically disadvantaged persons and workers, both of which should be looked into at the due diligence stage. Matthew Pool, a senior associate in the firm's CTI team and highly experienced in general trade advisory, shares his insights of the policy areas that the Department of Trade, Industry and Competition (DTIC) is looking into. He says from an industrial policy perspective, employment and investment are the top two. The International Trade Administration Commission and the DTIC want to know that applicants are committed to investment in the South African and Southern African Customs Union economies. Pool says in the case of a tariff increase, commitments regarding job creation or retention in specified categories such as youth employment, investments in capital expenditure, investment in skills development, and training and support participation in manufacturing by small businesses, must be considered. Shafrir chats to the panellists about the current status of the investment protocol under the African Free Trade Continental Area (AfCFTA) as well the key sectors that are prioritised by the Secretariat. Among them are automotive and affordable mobility, agribusiness and agro processing, pharmaceuticals, healthcare, transport and logistics.

In this podcast, Daniel Driscoll, a legal expert in the mining and extractives industry, chats to Africa Legal's Tom Pearson about the state of play among in-house lawyers and what to look forward to at the 2023 General Counsel Forum Mining Indaba. General counsel (GC) are grappling with the legal implications of several macroeconomic challenges facing the mining industry, such as inflation, continued supply chain disruption and uncertainty in global markets. Daniel Driscoll, who will be chairing the upcoming Mining Indaba, spoke to Pearson about how these risks are affecting mining companies, and the types of legal issues that have been keeping GC awake at night in 2022. “We've seen several mining companies either go private or shrink substantially in size, but also companies that were looking at an Initial Public Offering (IPO) have had to delay those plans.” And while the economic downturn has resulted in general job losses, legal departments have been relatively safe because the headwinds facing the mining industry are keeping legal departments busy as they work through the knock-on legal implications. Driscoll then discusses some of the unique Environment, Social and Governance (ESG) challenges faced by mining companies operating in Africa. Mining has a significant impact on the local communities living close to the mine, and these impacts are increasingly being raised as human rights issues, he explains. He says good ESG practices must be woven through the DNA of the organisation and everyone has to be doing their bit. Pearson steers the conversation towards what the modern in-house lawyer wants from their business. According to Driscoll, senior lawyers want an organisation that values quality legal advice and empowers the GC to deliver value for money. Gen Z lawyers are looking for roles that provide the opportunity to grow, coupled with the same aspirations as their seniors. Mental health in the legal industry remains a critically important topic, and Driscoll shares some tips for avoiding burnout and promoting well-being in high-performing legal teams. The conversation concludes with Pearson and Driscoll discussing what can be expected from the upcoming Mining Indaba in Cape Town in early February 2023, which they are eagerly anticipating. At the indaba, there will be a dedicated segment for mining GC to discuss the unique challenges they face, as well as opportunities for networking. If you are an in-house legal compliance or risk lawyer working or interested in the African mining sector, then check out the Investing in African Mining Indaba website. Click Register. Choose the General Counsel track, and it will grant you complimentary access to the event.

In this podcast, three associates from Nigerian-based full service law firm Duale, Ovia & Alex-Adedipe (DOA), chat to Africa Legal's Tom Pearson about the firm's strategy on internationalising its practice. You can never over emphasise the importance of leveraging relationships, says Tobiloba Awosika, a key member of DOA's banking and finance, mergers and acquisition practice team. Linking up with lawyers, parties, financiers and investors globally, has been part of DOA's master plan to best serve their clients as the firm focuses on its expansion outside Nigeria. Awosika says while there is an even split of clientele wanting to invest both in and out of Africa, the African Continental Free Trade Area (AfCFTA) agreement has resulted in a spotlight shining in the direction of the continent. It's the large underserved market in Africa that has resulted in everyone wanting to get a piece of the pie, she says. Samuel Abu, a member of the firm's corporate and commercial practice working in telecommunication, media, and technology (TMT), IP and private equity, reaffirms the company's commitment to partnerships. He talks about how DOA is collaborating with other top law firms to ensure excellent client service. Abu says creating a three-way channel between DOA, their client, and a like-minded foreign law firm has proved successful in getting quality services. Melody Ibegbulam, another member of the corporate and commercial department, shares her insights on client behaviour with Tom. Ibegbulam says that with the use of technology, clients want to reach as many consumers as they can. This does not necessarily mean that the law firm representing them needs to have physical offices in those countries. “When you have clients wanting to expand, legal services will be their first point of call. You want to make sure that you've covered all their legal bases and they are not doing anything that is illegal in those countries. I think it's very comforting for them to know that they can come to a firm like DOA,” she says. The conversation leads to a discussion on artificial intelligence (AI) and the likelihood of machines replacing the work done by lawyers. While Abu says AI would not entirely replace transactional work, he believes in a decade from now, the collaboration between both parties will be truly immense. The discussion wraps up with Awosika talking about DOA's investment in its young talent at the firm.

Passion paired with analytical thinking is what turned Lopes Attorneys Inc. into an award-winning firm to be reckoned with. In this podcast, the firm's managing director, Rui Lopes, chats to Africa Legal's Tom Pearson about the niche services offered. Top of mind for specialist lawyer Rui Lopes when he opened the firm Lopes Attorneys Inc, based in Johannesburg, South Africa, two years ago, was what would set his practice apart from other law companies operating in an already saturated market. The answer was to move in the direction of a boutique law firm, one in which he would specialise in areas such as ESG compliance, anti-bribery and corruption, data protection, dispute resolutions, a specific sectoral focus in pharmaceuticals, health care, cannabis, finance, and an area not many law firms cover – animal welfare. Lopes points out that there are very few firms in the country that know about animal welfare being a subset of the law, let alone which practise it. That sparked his journey around a realisation that there is a need for such a specialisation, and this became one of the firm's hallmarks. The enlightening discussion on animal welfare and why everyone should pay attention to the law, is a theme that runs throughout the podcast between Lopes and Pearson. The conversation subsequently steers towards environmental, social and governance (ESG) issues, another of the firm's specialities. Lopes says it is important to ensure that we look after the environment as we shift towards a just transition from a climate change perspective, by making sure that we conserve our world and prevent biological or ecological degradation. “We need to ask ourselves the question: Why should we care if a company or an organisation is conducting itself in an environmentally friendly or sustainable way? The simple answer to that question is: What is the impact of what we've done today going to be? It's not only about now and today. It's about next year, in five years and in 20 years' time.” He cautions against organisations that are not ESG compliant, saying they face the risk of not being included in the “ESG economy”. Lopes also shares his vision for the firm, which includes having an international footprint. “What I see in the next three to five years is an expansion of our office in Cape Town. We're currently in discussions with a number of firms across Africa, in creating a network of go-to firms that resonate and are in sync with the service offering that we do.”

In this podcast, Bridgett Majola, partner at award winning law firm CMS, engages in an enlightening discussion on the new wave of electricity supply, with Africa Legal's Tom Pearson. South Africans frustrated by load shedding will be happy to hear that the legal experts at CMS are doing all they can to ensure the energy crisis in the country becomes a thing of the past. The foremost law firm helped bring to financial close two private solar energy deals that will pave the way for a more reliable supply of electricity. The deal comes on the back of the new energy regulatory environment that lifted the licence limit for electricity distribution generation. Bridgett Majola, together with her dynamic team in the Banking and Finance Department at CMS, advised the Development Bank of South Africa, as an equity player, to secure two independent power-producing projects, the first of their kind in South Africa. Majola told Tom that this was a significant move in that it allowed for private individuals to build their own power supply. Mining companies of different commodities have shown interest as well, she said. “There are lots of people trying to take advantage of the fact that there's an opportunity for them to take control of their own power supply.” Development Finance Institutions (DFIs) are among those who are seizing the opportunities. Majola said financing for the power plants was quite competitive and DFIs were participating more formally rather than just providing significant funding. “They have set structures and different funds within their own divisions to be responsible for the implementation of either focusing on the infrastructure or scaling it up.” She added that DFIs were also looking into other jurisdictions such as Zambia, Ghana, Nigeria and Mozambique. “I think they're always looking at opportunities to support different countries in different ways, whether it's from an infrastructure perspective or from a power generation, transmission or distribution perspective.” Shifting the conversation towards the project financing landscape, Majola said there was a lot of involvement at fund level, with commercial banks also added to the mix when it came to infrastructure development.