SME Bank Consultancy and Stakeholders Engagement

SLC through its managing partner Mr. EN Shikongo acting as lead legal counsel was appointed as part of a consultancy by the Government of the Republic of Namibia through its Ministry of Trade and Industry during the period 2004 – 2012 to oversee all legal aspects relating to:

  • Conducting a study into the feasibility of converting the Earthwhile Namibia Credit Guaranteed Trust into a banking institution.
  • Providing legal counsel in relation to the aforementioned assignment.
  • Advising and or making recommendations in relation to the feasibility of the aforementioned conversion and identifying the Small and Medium Enterprises Banking Institution as a suitable and feasible vehicle.
  • Attending to the study of small and medium enterprises institutions in Malaysia, Kenya, Zimbabwe and making recommendations in relation to an appropriate structure and identifying suitable technical partners to partner with Government in relation to the proposed banking institution.
  • Attendance to all pre incorporation and post incorporations contracts in relation to the SME Banking Institution including its registration and compliance with all Namibian Banking Institutions requirements.
  • Negotiating and conclusion of Shareholders and Managerial agreements between the parties.
  • Overseeing and handling the licensing process of the SME Banking Institution with Namibian Central Bank.

 

AVIATION AND INTERNATIONAL ARBITRATION

SLC through its managing partner Mr. EN Shikongo acting as a representing counsel and instructing counsel represented Air Namibia  the national carrier in several proceedings before the Aviation Transport Commission in relation to aviation regulatory matters to date.

As instructing counsel in an international aviation aircraft leasing dispute initially in France and thereafter in the United Kingdom London, at the International Arbitration Centre involving a substantiated finalization of which remain pending due to protracted  and complex aviation issues.

On or about 2009 and 2010 SLC through its managing partner represented Air Namibia in international litigation in the  German Federal Court with a positive outcome involving the dismissal of a substantive aviation claim in favour of the National Airline.

SLC continues to represent the National Airline in various civil and commercial transactions.

 

COMMERCIAL RESTRUCTURING AND LEGISLATIVE DRAFTING

During or about 2009 SLC represented by its managing partner (E.N Shikongo) and supporting staff within the firm acting as lead legal counsel successfully executed an assignment on behalf of the Government acting through the Ministry of Agriculture and Forestry involving:

  • Identification of shortcoming within the current MEATCO legislation (Act no 21 of 1992) and in particular uncertainty pertaining to the issue of ownership.
  • Undertaking a study relating to the restructuring of the Meat Company of Namibia including studies within neighboring jurisdictions including Botswana and South Africa.
  • Attendance to recommendation of an appropriate business structure and model for revised and restructured Meat Company of Namibia.
  • Attendance to a complete redraft and proposal of a new MEATCO Act and Regulations incorporating amendments in relation to the revised MEATCO structure.
  • Conducting workshops and stakeholders briefing sessions in all the regions of the Republic of Namibia to gather stakeholder’s input in relation to the proposed new MEATCO structure the new and Act and its Regulations.
  • Attendance to preparation of a report in relation to the findings and recommendations.
  • Attendance to the drafting of the new MEATCO Act and Regulations, presentation and motivation of final version before the Cabinet Committee on Legislations and to government drafters and overseeing its acceptance by the Government.

 

CORPORATE TRANSACTION AND CAPITAL RAISING

During or about 2015 the  Namibia Water Corporation authorized by Government set out to raise Capital.

Pursuant to the appointment of Standard Bank of Namibia as Issuer, Shikongo Law Chambers (E.N Shikongo) was appointed as the Corporate and legal advisor for the Issuer (Namwater) in relation to the transaction and in that capacity attended to overseeing all aspects in relation to:

  • General legal counsel and guidance;
  • Provision of the required lead counsel legal opinion and attendance to all pre transactional and post transactional legal requirements and attendances;
  • Attendance to all legal due diligence prerequisites of the transaction.
  • The transaction was concluded at the end of 2015 with Nampower raising an oversubscribed amount N$ 200 000 000.00 (two hundred million Namibian dollars).

 

MINING AND RELATED ENGAGEMENTS

During 2013 SLC represented by E.N Shikongo was engaged and participated in the conclusion of the Kombat Mine M & A transaction between the Australian and Canadian listed Manila Co representing Havana Investments Pty Ltd a local partner in the transaction and as part of the transactions oversaw all legal aspects pertaining to the:

  • Receipt, perusal, drafting, negotiations and conclusion of several ancillary contracts towards perfection of the transaction. Above included the conduct of all legal due diligence for final closing of the transaction via the Australian Stock Exchange.
  • The value of the transaction amounted to N$ 150 000 000.00 (one hundred and fifty million Namibian dollars) as at the time of conclusion of the transaction.
  • N Shikongo continues to maintain his relationship within the Mining Industry as current Chairperson of the Australian owned Craton Mining Company and being Chairperson of the Namibian Minerals Ancillary Rights Commission.

 

OIL AND GAS

During 2012 EN Shikongo assume a three year Directorship in HRT being a  Canadian and Brazilian Stock Exchange listed Oil and Gas entity specifically representing Namibian interest following the adoption of an oil drilling programme targeting oil drilling in the Republic of Namibia.

As Board member and in addition to being a member of the HRT audit company, we oversaw and directed all aspects of pre drilling and contracts negotiations, develop budgets, mitigation against risk attendance to all  governmental regulatory approvals specific to the oil drillings programme.

All together a total of three oil rigs were drilled in the period between 2012 to 2013 constituting the sum total of the only and highest amount of oil exploration drills ever conducted in the Republic of Namibia and resulting in the first non commercial local oil discovery. In depth knowledge of all aspects of oil and gas industry relating to pre and post oil drilling process were acquired as preparation and in anticipation of possible oil discovery.

Shikongo Law Chambers maintain its continued presence in the Oil and Gas industry through its continued representation of several Oil and Gas companies operating in Namibia as well as through its current position as government liaison officer of the Namibia Oil and Gas Association in respect of which it acts as advisory counsel.