In many African countries, mining is the backbone of their economies. Often, however, little consideration is given to environmental, social and governance (ESG) implications when a mining resource has been depleted or becomes uneconomical to mine. An appropriate legal framework that deals with mining rehabilitation is vital as part of sustainable mining.
Terence Dambe is the Managing Partner of Minchin & Kelly (Botswana) and Head of the Real Estate Division. His practice includes real estate (transfers, mining titles, subdivisions, bonds, sectional titles, consolidations and land control transactions), energy and natural resources, estates and trusts.
He has advised clients on some of the biggest energy and mining projects in Botswana. Terence's clients range from mining and power generation companies to property developers and major banks.
While his practice main focus is real estate, he provides support to the firm's corporate and commercial department on various transactions including mergers and acquisitions, shareholders agreements and securitization of finance transactions.
Experience has included advising:
- Marubeni Corporation / Posco Energy in a joint venture IPP transaction for the construction, operation and maintenance of a 300 MW coal power station;
- Steag Energy Services on an operation services support agreement with the Botswana Power Corporation in respect of Morupule B Power Station;
- Morupule Coal Mine in the USD120 million project finance transaction with a consortium of banks for the Morupule Colliery expansion. This is considered the biggest project finance deal in Botswana to date;
- Several major banks on the legality of the suite of project finance agreements for coal mine expansions and the enforceability of various aspects of transaction for funding of coal mine expansions;
- Botswana Power Corporation regarding a coal supply agreement with Morupule Colliery Limited for the supply of coal to the 600 MW Morupule B Power Station;
- Negotiating and drafting water supply agreements from various water sources (boreholes and North / South Carrier pipeline) for the new 600 MW Morupule Power Station and expanded Morupule Colliery for power generation and mining operations;
- Morupule Colliery on registration, securitization and proprietary rights of mining licenses under the mining laws of Botswana;
- China Development Bank 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, licenses and rights of foreign investors, transfer of licenses, taxes, levies and royalties;
- Morupule Coal Mine on surface tribal land rights and making application to the Ngwato Land Board (Tribal Authority) and Ministry of Lands for land rights for mining purposes; and
- Negotiation and drafting of coal (fines) supply agreement between Morupule Coal Mine and PPC.
- Attorney admitted in Botswana to the High Court of Botswana (1989)
- Conveyancer admitted in Botswana (1991)
- Notary admitted in Botswana (1992)
- University of Botswana, LL.B. (1989)
- Ranked Band 1 for General Business Law in Chambers Global 2011 to 2017
- 2006 to date, Managing Partner, Minchin & Kelly (Botswana), DLA Piper Africa, Botswana
- 1993 to 2006, Partner, Minchin & Kelly (Botswana), DLA Piper Africa, Botswana
- 1989 to 1993, Associate, Minchin & Kelly (Botswana), DLA Piper Africa, Botswana
- Law Society of Botswana
Looking back at 2018, undoubtedly the highlight for the firm was moving into our new offices in the Central Business District, after being in the Main Mall for over 30 years. While moving into new offices comes with its challenges, including dealing with snags associated with any newly constructed building, we have settled in well and are happy with our new location.
Smart Partnership Enterprises (Proprietary) Limited (“Smart”) is the proprietor of a 9.61 hectare plot located in the new Central Business District of Gaborone.