COMPANY PROFILE R. Chibaya 2018rchibayalawchambers.co.zw/.../2018/06/R.C-Profile-new.pdf ·...

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R. Chibaya LAW CHAMBERS ATTORNEYS CONVEYANCERS CORPORATE LAW ADVISORS COMPANY PROFILE 2018

Transcript of COMPANY PROFILE R. Chibaya 2018rchibayalawchambers.co.zw/.../2018/06/R.C-Profile-new.pdf ·...

Page 1: COMPANY PROFILE R. Chibaya 2018rchibayalawchambers.co.zw/.../2018/06/R.C-Profile-new.pdf · 2018-06-18 · COMPANY PROFILE 2018. 01 02 02-10 Background Mission Statement Services

R. ChibayaLAW CHAMBERS

ATTORNEYS

CONVEYANCERS

CORPORATE LAW ADVISORS

COMPANY PROFILE

2018

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01

02

0 02-1

Background

Mission Statement

Services In Detail

09-12 Our Team

13-15

16

Company Documents

Contact Details

Contents Page

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BackgroundWe are a new age rm that is dedicated to providing rst – class, professional and comprehensive legal services

to our clients in Zimbabwe and regionally with global strategic partnerships. The senior partner Ms Rachel Chibaya is a respectable well-known personality in the legal profession, having been in practice for over seven (7) years.

The rm's specialty services are inclusive but not limited to the following areas of practice:-

Ÿ General Littigation

Ÿ Conveyancing and Notary Public

Ÿ Commercial Law

Ÿ Contract Negotiation And Drafting

Ÿ Debt Collection And Fore Closures

Ÿ Compliance And Regulatory Closures and Corporate Law

Ÿ Corporate Governance

Ÿ Employment Law and Labour Law Consultancy

Ÿ Environmental And Mining Law

Ÿ Arbitration

Ÿ Administrative Law

Ÿ Divorce and Family Law

Ÿ Administration Of Estates

Ÿ Civil and Criminal Law Practice

Ÿ Patent & Trademark Agents

Ÿ Immigration Law

Ÿ Human Rights and Constitutional Litigation

AREAS OF PRACTICE

Background

1R. Chibaya Law Chambers PROFILE

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To be a progressive and dynamic legal rm, where clients can expect to nd experienced attorneys who offer viable solutions through effective problem-solving, legal tactics. We recognize that all our clients are unique individuals and entities and we strive to attain the desired outcome of all of them.

Our mission is to provide the highest standard of professional legal service in the most efcient cost-effective manner.

OUR VISION

Vision,MissionValues&

OUR MISSION

Ÿ Drafting agreements and related opinion work.

Ÿ Formation, incorporation and registration of companies

Ÿ Agreements of sale Ÿ International tradeŸ Acquisitions, mergers and take-overs Ÿ Drafting company resolutions Ÿ Attending to change in company

memorandum and articles Ÿ Increasing or reducing authorized share

capital

Ÿ Amendment of objects of companies and submission of company returns

Ÿ Privatisation and oatation's of companies Ÿ Voluntary and compulsory liquidationŸ Share registrations, transfers and general broking Ÿ Partnerships and joint venturesŸ Agreements of sale, hire and hire purchase Ÿ Security bonds Ÿ Guarantees, suretyship and indemnity

agreements

Services In Detail

We offer a comprehensive menu of services in this area which include:-

COMMERCIAL AND CORPORATE LAW 01

Mission Statement

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BANKING, FINANCIAL AND INVESTMENT ADVISORY 02

The nancial services sector benets from our expertise in such areas as:-

Ÿ General Financial advice in liaison with relevant bodies on investments into Zimbabwe

Ÿ Rendering opinions in international nancial agreements

Ÿ Drafting nancial facility agreements

Ÿ Debt securities

Ÿ Banking law

Ÿ Drafting security deeds and documentation

Ÿ Insolvency

Ÿ Stock exchange matters

Ÿ Reserve Bank of Zimbabwe requirements

Ÿ Exchange Control requirements

Ÿ Vetting and drafting international nancial agreements

Services In Detail

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COLLECTIONS03

COMPLIANCE AND REGULATORY04

We have a collections departments responsible for:-

Ÿ Preparation of Demands and Summons

Ÿ Drafting acknowledgements of Debt

Ÿ Registration of security documents

Ÿ Recovery of debts and foreclosures expeditiously and effectively

Ÿ Registration and execution of foreign judgments

Ÿ Restructuring debts handling

Ÿ Handling Compromises and set-offs

This is a specialized area with our dedicated partner and staff, working in conjunction with international professional links where necessary. Advice is provided on the funding of projects in liaison with Chartered Accountants, Banks, Government authorities and other relevant professionals. We examine, investigate, research on, undertake due diligence and report on any project requiring thorough professional and balanced analysis including.

Ÿ Company restructures, mergers and acquisitions including sale of shares

Ÿ Sale of business and share swopping

Ÿ Management buy outs

Ÿ Commercialisation and privatization re-structures

Ÿ Examining legal regimes in force and applying legal requirements to specic projects.

Ÿ Studying and analyzing and rendering advice on all types of projects whether legal or quasi legal or social

or business.

Ÿ Studying analyzing projects in the light of existing statutes, general laws and regulations

Ÿ Suggesting and drafting amendments and any other changes to legislation

Ÿ Providing legal opinions on a case by case basis

Services In Detail

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PROPERTY, NOTARIAL AND CONVEYANCING AND MINING LAW05

Our Real Estate department deals with all facets of property law including:-

Ÿ Drafting, execution and registration of all types of notarial deeds.

Ÿ Registration of transfers and bonding of immovable properties.

Ÿ Sale, purchase, lease and general rights in property, including intellectual property

Ÿ Mortgage bonds, general and special notarial covering bonds

Ÿ Town planning applications change of use and subdivisions

Ÿ All types of conveyancing work on behalf of corporate clients; developers, government agents,

pension funds and Real Estate Agents.

Ÿ Mining investments, lease rights, prospecting licences and special concessions.

We handle this portfolio with the multiple expertise that it requires. We offer services in:-

Ÿ Ante nuptial contracts

Ÿ Advice on property relationships

Ÿ Divorce, custody, maintenance and access to children

Ÿ Children's rights including matters related to adoption and care, guardianship and wardship of

minors

Ÿ Civil and customary marriages and inheritance issues.

Ÿ Probate/estate planning.

Ÿ Wills, Trusts and Administration of Estates.

Ÿ We strive to handle all types of litigation from the lowest to the highest courts in Zimbabwe and

where necessary instructing correspondent lawyers elsewhere in the world. We handle litigation on

behalf of corporate clients associations as well as individuals.

DIVORCE AND FAMILY LAW 06

07 CIVIL AND CRIMINAL LITIGATION

Services In Detail

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This is a fast growing area requiring up to date knowledge of the current Labour Relations

Legislation. Our expertise covers:-

Ÿ General Labour consultancy services

Ÿ Corporate governance issues and fair labour practice

Ÿ Employment and Industrial Relations Laws

Ÿ Employment contracts, codes of conduct and constitutions

Ÿ Labour and trade union disputes

Ÿ Retrenchment packages and retirement packages and issues on fair labour practices

Ÿ Arbitration and Dispute Resolution

Ÿ Conditions of service, pollution and environmental issues.

Our qualied partner specially deals with;-

Ÿ General insurance issues and opinions

Ÿ Drafting and interpreting insurance contracts

Ÿ Insurance and personal injury claims

Our services span:-

Ÿ Advance tax planning

Ÿ The handling of tax objections and appeals against tax assessments.

Ÿ Analysing and advising on tax implications of agreements and business transactions

Ÿ Advice on tax efciency and drafting trusts and other tax planning instruments.

Ÿ Estate duty strategies

Ÿ Registration of patents and trade marks

Ÿ Intellectual Property, Entertainment law and International Franchising

Ÿ Litigation to protect these rights

LABOUR LAW CONSULTANT AND EMPLOYMENT LAW08

09 INSURANCE SERVICES AND TAX LAW

INTELLECTUAL PROPERTY , COMMUNICATION AND

TRANSPORT AND ENVIRONMENTAL LAWS10

Services In Detail

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Services In Detail

We have the legal and technical prowess much needed in this bitterly competitive eld.

We handle matters relating to:-

Ÿ Regulatory requirements in postal, telecommunications, electronic wireless and computer elds.

Ÿ Aviation Transport and Travel laws

Ÿ Public Liability and injury or death damages claims

Ÿ Especially for industrial manufacturing and municipal clients

Ÿ Issues of Labour safety

Ÿ Health and anti-pollution Laws

Ÿ Citizenship, permanent and temporary residence and work permit applications

Ÿ Visitors visa

Ÿ Entrepreneurial visas

Ÿ Business visa

Ÿ Temporary admissions

Ÿ Arrangements with the relevant organizations and relevant government organization assisting with

investors and communication with immigration department to sort out any visa related issues.

Ÿ Residence permits and also challenges in any detention

Ÿ citizenship

11 IMMIGRATION

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The rm will engage other experts such

as Counsel, medical tax, nancial

advisors, engineers and technicians

when this is necessary. Further, the rm

will undertake, on behalf of corporate

and individual clients strategic and

effective lobbying in legal, business and

protocol matters

In addition to the Law Society

recommended, tariffs for non-litigious

work, fees are based on the complexity

of the matter on hand and time spent on

the matter, the responsibility carried by

the practitioner and the substantive

benet to the client. The rm may also

enter into specic agreements with

clients on xed fees and mode of

payment. We encourage prior

discussion of the basis of our fees with

clients.

R.Chibaya Law Chambers is governed

by the Law Society of Zimbabwe in the

conduct of its legal practice. We

subscribe to the highest professional

standards of integrity and condentiality.

OUTSOURCING

R. ChibayaLAW CHAMBERS

OUR FEES AND LEGAL CHARGES

THE LAW SOCIETY

Services In Detail

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Our Team

Ms R. ChibayaSenior Partner

Ms Chibaya is a graduate from the University of Zimbabwe with an LLB Honors Degree. She is a reputable Legal Practitioner having been registered with the High Court and the Law Society of Zimbabwe; she has been in Private Practice since 2011. She is a hard working lady, self motivated and goal oriented individual. She is the Founding Partner at R. Chibaya Law Chambers and responsible for drafting and court attendance in all courts in Zimbabwe, registration of securities transfer of immovable properties and Notaries. Ms Chibaya seats on various boards as a trustee and is currently a council member of Women’s University in Africa.

A Snapshot of portfolios held:Ÿ Mimosa Mining Company – Legal advisory, litigation and conveyancing.Ÿ Registration of Securities on behalf of FBC Bank Limited.Ÿ Debt collection and registration of Securities on behalf of ZB Bank.Ÿ Micro King Finance – Debt collection Ÿ Knight Frank Real Estate – Recovery of arrear rentals and eviction proceedingsŸ Women and Law in Southern Africa – Estates Ÿ Goromonzi and Makumbe High Schools – Settling Labour disputes

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Ÿ Petro Trade (Private) Limited – Chairing Labour dispute hearings.Ÿ Canterbury Mine – Chairing Labour Disputes Ÿ Zimbabwe Micronance Facility – Change of name and advice on annual returnsŸ Makebreak Trading (Private) Limited – Litigation and Legal advice to the company Ÿ Zvimba Rural District Council – Arbitration Proceedings on Labour disputes Ÿ The Anglican Church for the Province of Central Africa – litigationŸ Various individual clients on almost every aspect of law.

She is biased towards registration of securities (conveyancing and notary) Civil, Labour, Corporate and commercial law matters. She has strong passion for family law matters.

Ms Chibaya is a volunteer Legal Practitioner for Transparency International Zimbabwe (TI-Z), a nonprot and non partisan system oriented local chapter of the international movement against corruption. She is also a member of the “test case” committee with Women and Law in Southern Africa and Education Trust (WLSA) an organization advancing the rights and welfare of women and girls on family law disputes in Zimbabwe.

Madam Chibaya took part in the drafting of the new Constitution of the Republic of Zimbabwe in 2011 as

a rappouter during consultation outreach program in the Manicaland Province of Zimbabwe.

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Mr Adrian Tanaka Terry Mbotshwa is a graduate

from the University of Zimbabwe with an LLB

Honours in September 2017. He is a registered

Legal Practitioner, Conveyancer and Notary

Public. He is a charismatic, goal oriented,

hardworking and is exuberant in the legal arena.

He has bias for the following disciplines of the legal

sphere; Industrial and Intellectual Property Law,

Human Rights Law, Corporate Law, Law of

Succession, Civil and Criminal Law.

ACHIEVEMENTS

v He participated in Commercial & Contract

Law UZ internal Moot Court and was in the

top ten(10) nalists.

v He a member of the Zimbabwe Law

Students Association (ZILSA) which focused

on Legal Aid Services to the community.

v He was a Secretariat in the Commission of

Justice & Peace at Cathsoc University of

Zimbabwe in 2016.

Mr V. BhebheProfessional Assistant

Mr A. T. T. MbotshwaProfessional Assistance

Mr Vusumuzi Bhebhe is a graduate from the Midlands State University with an LLB Honours Degree. He graduated with a First Class LLB Honours Degree and was awarded the Midlands State University Book prize and the Gundu & Dube Award in November 2016. He i s a registered Legal Practitioner, Notary Public and Conveyancer. He is a versatile, hardworking, result oriented "good team player". He has a keen interest in Labour Law, Mining Law, Intellectual Property Law, Human Rights Law and Criminal Law.

KEY ACHIEVEMENTS:v He represented the Midlands State University

at the 22nd African Human Rights Moot Court Competition, 2013, in Cape Town, in which his team was ranked number ten out of sixty-four universities and his team's heads of argument were ranked number nine.

v He represented the Midlands State University at the National IHL Moot Court Competition at the Harare High Court in 2013.

v He represented the Midlands State University at the Jean-Pictet Moot Court Competition in, 2014, in Portugal.

v He represented the Midlands State University at the 2014, 2nd Southern African Disability Rights Moot Court Competition which his team won and his team's heads of argument were ranked number one.

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Supporting Staff

Eugenia Shumba

The Receptionist

Jokina Mugauri

The Conveyancing and Litigation Secretary also the Personal Assistant to Ms Chibaya

Omally Basket

Intern

Tinashe Xaba

The Messenger & Driver

Grace Mhongovoyo

The Administrator

R. ChibayaLAW CHAMBERS

The

TEAM12 R. Chibaya Law Chambers PROFILE

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COMPANY DOCUMENTS

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15R. Chibaya Law Chambers PROFILE

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Contact DETAILS

Further information on R.Chibaya law Chambers, can be obtained from:-

(04) 703505/6 or 08644211870 +263 772 358 010

[email protected] rachibaya

www.rchibayalawchambers.co.zw

R.CHIBAYA LAW CHAMBERS No. 36 East Road/Bath Road Belgravia HARARE

Contact Details

17R. Chibaya Law Chambers PROFILE

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R.CHIBAYA LAW CHAMBERS No. 36 East Road/Bath Road

Belgravia HARARE

R. ChibayaLAW CHAMBERS

www.rchibayalawchambers.co.zw