HomeCorporate Commercial Department

The Firm advises local, international companies and financial institutions on the full spectrum of banking and finance matters, including structured finance, asset finance, project finance, Public Private Partnerships (PPPs) transactions, private equity, invoice discounting, regulatory compliance, and securitizations.

• The Firm has the skills necessary to advise on traditional as well as new state-of-the-art mining operations. With the advent of technology, the mining sector is also at the forefront of digitization, and we have the expertise to advise our clients on new technology applications and modern mining operations.
• At AJA, we understand that each stage of a mining project is both complex and unique. Our attorneys are skilled at negotiating and drafting the necessary agreements and providing the regulatory support required to address the challenges and needs of each stage.
• Our legal experience includes joint ventures, mining exploration and construction, environmental and licensing issues, as well as day-to-day support and expansion of operating mines, including the full suite of mining industry contracts and technology agreements.
• In addition to our legal expertise, we prepare and evaluate mineral leases, surface leases, and drilling contracts. We have specific experience in feasibility studies, construction, and contract operator bid packages and contracts.

Our commercial legal department provides advisory services on all regulatory laws and requirements, including but not limited to Data Protection, the Financial Intelligence Act, non-bank financial institutions regulations, and the Trades Act. This covers compliance frameworks, AML/CFT obligations, licensing, governance, risk management, trade compliance, regulatory reporting, and enforcement matters. The department ensures clients stay compliant with evolving laws, mitigating risks and facilitating seamless operations. This also involves training on particular legislation governing and applicable to our clients’ businesses, conducting compliance audits and gap analysis to highlight any risks associated with non-compliance of specific legislation and address any gaps that may potentially expose the business to administrative fines and penalties. In addition, we act as a central point of contact between client and regulators to ensure seamless communication and obtain updates on any amendments and changes to legislation or reporting standards. By acting as a regulatory liaison office, our clients are able to ensure that regular reporting standards are adhered to and maintained.

A commercial legal department provides transactional and regulatory legal services for construction and engineering projects, covering all applicable laws and requirements, including but not limited to building regulations, environmental compliance, health and safety standards, procurement laws, and licensing requirements. This includes advising on contract structuring, project financing, risk management, regulatory approvals, compliance obligations, dispute resolution, and enforcement matters. The department ensures clients effectively navigate legal complexities, mitigate risks, and achieve regulatory compliance throughout the project lifecycle.

A commercial legal department provides transactional and regulatory legal services for the hospitality and tourism sector, with a particular focus on tourism enterprises operating in the Okavango Delta and other wilderness areas of Botswana. Our services cover all applicable laws and regulatory requirements, including but not limited to tourism licensing, environmental compliance, land tenure and concession agreements, wildlife conservation laws, and operational permits. We specialize in advising on the complex regulatory and land issues unique to these areas, assisting clients in navigating compliance challenges and mitigating legal risks. Additionally, we provide strategic guidance on the structuring and negotiation of contractual documents, including concession agreements, lease arrangements, joint ventures, and operational management contracts, ensuring legal certainty and commercial viability for tourism enterprises.

A commercial legal department provides transactional and regulatory legal services for Mergers and Acquisitions (M&A), covering all applicable laws and regulatory requirements related to corporate transactions. Our services include due diligence, regulatory approvals, competition law compliance, corporate structuring, tax considerations, and shareholder arrangements. We advise clients on the structuring and negotiation of transactional documents, including sale and purchase agreements, investment agreements, joint venture agreements, and financing arrangements. Additionally, we assist in navigating complex regulatory landscapes, obtaining necessary approvals from authorities, and ensuring seamless execution of transactions while mitigating legal and commercial risks.

Our corporate and commercial team provides pragmatic and commercially orientated legal services to clients on all aspects of insolvency law relating to liquidations, sequestrations, and judicial management.

We provide high quality strategic corporate advisory and support services for companies planning or undertaking acquisitions, divestitures, refinancing, restructures and joint ventures. We help clients understand critical success factors as well as potential risks by offering an independent and objective perspective to each of our client transactions, looking at their unique business and operations. In addition, our commercial team provides legal and advisory services to its clients on all corporate matters including share structuring, corporate governance, shareholder agreements, regulatory compliance under the Companies Act [CAP42:01], deregistration and voluntary winding up

Our commercial team provides its clients with commercial and pragmatic solutions on a wide range of debt and equity transactions, listings on the Botswana Stock Exchange. We also advise issuers, arrangers, trustees and investors on the technical and contractual aspects of debt instruments, note programmes, private placements and equity-linked securities.

Our highly experienced corporate commercial department covers all areas of competition and antitrust law including merger approval, merger filings and notifications with the Competition Authority, monopolies, anti-competitive practices, supply chain arrangements.

Our commercial team provides advisory services on compliance with Botswana’s data protection laws, drafting privacy policies, data protection policies and data management strategies, vetting policies and contracts to ensure they align with the provisions of the Botswana Data Protection Act, conducting data impact assessments, conducting data audits and data gap analysis, and providing data protection training.

• Our corporate and commercial team provides legal and advisory services to its clients in the following areas:
• Regulatory and compliance support in respect of insurance industry and asset management issues.
• Negotiation and drafting of investment mandates, funding agreements, and asset disposal agreements.

Our corporate and commercial team provides legal and advisory services to its clients in the following areas:

• Registration of all forms of intellectual property.
• Commercialization of intellectual property, with emphasis on non-disclosure agreements, joint venture agreements, technology transfer, and co-development agreements.
• Drafting and/or review of intellectual property policies for research institutions and companies.