Terence Dambe

Managing Partner and Head of Real Estate

MAIN AREAS OF LAW

Terence is the Managing Partner for Minchin & Kelly, and the head of the Real Estate practice which provides legal advice and support on all major property as well as mining transactions the firm deals with.  He provides support on various large commercial transactions particularly in the area of property, mining and energy.

WORK HIGHLIGHTS

Some of the most notable examples of Terence’s work were advising the power utility in the first Independent Power Producer agreement in Botswana, both on the contractual side and on the property aspect of the agreement between Botswana power Corporation and Debswana Mining Company.

SIGNIFICANT CLIENTS

Terence’s clients vary across all industries including; Botswana Development Corporation, Debswana Mining Company, Morupule Coal Mine, Botswana Power Corporation, Barclays Bank, Marubeni Corporation, Steag Energy Services, Posco Energy, eMedia Investments, First National Bank,  Sandfire Resources NL, Botswana Oil (Pty) Limited, Hatch and Phakalane Estates (Pty) Ltd

CAREER

Terence joined Minchin & Kelly in 1989 as a professional assistant, became a partner in 1993 and was appointed managing partner in 2006.

  • LLB, University of Botswana (1989)
  • Year of admission as an attorney: 1989
  • Year of admission as an conveyancer: 1991
  • Year of admission as a notary public: 1992

PROFESSIONAL MEMBERSHIPS

  • Law Society High Court Liaison Committee: Chairman (2007 to date)
  • Judicial Services Commission (2007-2009)
  • Confederation of Africaine de Football (CAF) Legal Affairs and Player Statutes Committee (2004 to 2012)
  • Kalahari Conservation Society – Executive Member (1998 to date)
  • Loapi Holdings (Pty) Ltd - Chairman (1997 to date)
  • Kabelano Charity Trust - Chairman (1995 to date)
  • Botswana Football Association: National Executive Committee Member and Legal Advisor (2001-2006)
  • Young African Leaders: United States Information Service International Visitors Program (1992)
  • Lawyers Adhoc Committee for the drafting of the Legal Practitioners Act: Secretary (1993)
  • Botswana Investment & Trade Centre Board Member (2012 to date)
  • DLA Piper Africa Board member

JURISDICTIONS

Admitted in Botswana (1989)

LANGUAGES

English, Setswana

PUBLICATIONS

Terence has had articles published in Without Prejudice, Business Day Law Review and Polity

PERSONAL

Terence practices law in Gaborone, Botswana. He is married with two children.

 

 

INDUSTRY SECTOR EXPERTISE

  • Establishment of a mine rehabilitation trust for Morupule Coal Mine
  • Legal counsel for Smart Partnership Enterprises in the development of a 28,000m2 retail centre in Gaborone, Botswana
  • Part of legal team advising on a prospective coal to liquids plant
  • Advising the Marubeni/Posco Energy consortium on bid documents and all legal aspects of transaction for the development of a 300MW coal fired power station
  • Advising the Morupule Colliery in the project finance negotiations for the Morupule Colliery expansion. (This is considered the biggest project finance deal in Botswana to date.)
  • Listing of the Standard Chartered Bank Botswana Limited BWP5 Billion Debt Issuance Programme on the Botswana Stock Exchange.
  • Provision of legal opinion to major banks on the legality of the suite of project finance agreements for coal mine expansion and the enforceability of various aspects of transaction for funding of coal mine expansion
  • Advising Botswana Power Corporation regarding a coal supply agreement with Morupule Colliery Limited for the supply of coal to the new Morupule Power Station.
  • Negotiating and drafting water supply agreement from various water sources (boreholes and North/South Carrier pipeline) for the new 600MW Morupule Power Station and expanded Morupule Colliery for power generation and mining operations.
  • Advising Morupule Colliery on registration, securitization and proprietary rights of mining licence under the mining laws of Botswana

CONTI.

  • Providing China Development Bank with extensive report on various aspects of the mining laws in Botswana, including but not limited to regulation and the regulatory authorities, provision of security, types of mining rights, licences and rights of foreign investors, transfer of licences, taxes, levies and royalties
  • Advising Morupule Coal Mine on surface tribal land rights and making application to Ngwato Land Board (Tribal Authority) and Ministry of Lands for land rights for mining purposes.
  • Negotiation and drafting of coal (fines) supply agreement between Morupule Coal Mine and PPC.
  • Advising Brightstone Mining on various aspects of joint ventures and licence obligations under Mines and Minerals Act of Botswana.
  • Leading counsel in negotiating a water supply agreement for the new Morupule Power Station and Morupule Colliery.
  • Advising MTN SA's bid team for a mobile telephone licence in Botswana.
  • Advising a local internet service provider regarding a dispute with a competitor before the Botswana Telecommunications Authority.
  • Advising Debswana Diamond Company on the sale of shares in Morupule Colliery.
  • Representing clients in ground breaking litigation on disputes between franchisor and franchisee.
  • Representing a client in ground breaking litigation on the review of decision of the Public Procurement and Asset Disposal Board.
  • Advising a radio consortium on a bid to the Botswana Telecommunications Authority for a regional radio station licence (1998-1999).
  • Advising a radio consortium on a bid to the Botswana Telecommunications Authority for a national radio station licence (2006).