Dlamini Shabangu Attorneys (Eswatini)

Corporate Commercial 

We are experienced in corporate-commercial transactions in Eswatini involving mergers and acquisitions, director and shareholder disputes, corporate and tax structuring, as well as formulating commercial agreements. Our clear understanding of the Income Tax Order 1975, Value Added Tax Act 2011, Companies Act 2009, Copyrights and Neighbouring Rights Act 2018, Electronic Communications Act 2013, and the Competition Act, 2007 has enabled us to assist our clients in navigating testing commercial transactions towards resolution.

Energy (power, oil and gas)

Our transactional and regulatory experience in in Eswatini's power and coal sectors has extended to offering services in fuel fabrication, transportation and supply in the oil and gas sectors. Our mainstay is in structuring our clients for optimum operation in the domestic markets of South Africa, Eswatini and Mozambique. We are gaining significant ground in oil and gas: upstream, midstream and downstream activities, including licencing requirements, as well as the development and financing of facilities and infrastructure, including importation, storage, wholesale, distribution and retail of petroleum products, as well as  oil and petrochemicals in the SADC region. We understand the Swaziland Electricity Company Act 2007, Electricity Act, 2007, the Energy Regulatory Act, 2007, the Fuel Tax Act, 2022, and the Petroleum Act, 2020.

Banking, Finance and Capital Markets

We advise in Eswatini's financial services sector on regulation, compliance, listings, finance, including debt and equity capital markets as regulated by the Financial Institutions Act, 2005. Our services also focus on suspcious transactions as forecasted in the Money Laundering and Financing of Terrorism Prevention Act, 2011.

Forensics

Our offering includes high-stakes fraud, procurement, asset tracing, supply chain, and business intelligence investigations in Eswatini through the use of digital forensic tools to especially review electronic evidence. With our network of experts, our experience in this field has enabled us to train clients on risk in order to anticipate corporate crime.

Healthcare Regulation

We advise on consent, confidentiality, procurement, tariffs, compliance, reimbursement models, health audits, management systems, hospital lease agreements, malpractice investigations, conflict of interest management, and robust governance in accordance with the Public Health Act, 1969 and Pharmacy Act, 1929 as well as the South African Regulation 158 Regulating Private Hospitals and Unattached Operating Theatre Units often applied in Eswatini.

Infrastructure projects

The economic life-cycle of infrastructure projects ranges from our experience in advising in the development, acquisition, management, restructuring to selling assets in Eswatini. We advise our contractor clients in Eswatini on infrastructure projects with a bias towards loans, project finance, guarantee and dispute resolution assistance.

Mining

Our dedicated team has advised and prepared commercial instruments for both emerging and large mining entities in Eswatini as well as South Africa, with our involvement also extending to advising on mining transactions and operations of chrome-ore and anthracite coal off-takes both on privately-owned and Eswatini Nation Land in accordance with the provisions of the Mining Act, 1958.

Private clients

We have a portfolio of Eswatini's high net-worth individuals to whom we offer quality, practical and personalised wealth management services from estate planning, tax compliance for individuals and trusts, to managing personal risk and exposure to liability.

Procurement

Legislation forecasts and requires all public procurement to adhere to fair, equitable, transparent, competitive and cost-effective practices. We advise in all forms of public procurement as well as the interpretation and application of administrative action to meet legislative and constitutional standards. This has sharpened our approach in all manner of administrative law in judicial review proceedings. We are well-versed with the Public Procurement Act, 2011 and the Regulations.

Distressed Debt & Restructuring

Restructuring is broader than insolvency which often results in business rescue or liquidation processes. We are able to assist with asset tracking and investigations, as well as to advise on directors’ duties during periods of financial distress and restructurings. Our clients draw from our keen understanding of the Insolvency Act, 1955 and the Consumer Credit Act, 2016. 

Renewables

We have been involved in the evaluation processes of several battery energy storage and renewable energy Independent Power Producer Procurement Programmes, from bid-submission to commercial and financial close. We have experience in biomass and biofuel manufacturing trial projects using specific vegetable oil crops to generate sustainable yields of vegetable oil crop feedstock in targeted land tracts for renewable fuel production to accelerate the global decarbonisation ambitions.