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.
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.
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.
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.