Parks Tafa

Managing Partner

Background

Parks Tafa is the Managing Partner at Collins Newman & Co, the largest law firm in Botswana, and has been with the Firm and in private practice for over 26 years. He is one of the leading lawyers in Botswana, with an outstanding track record of a long career with considerable experience as a business-transactional lawyer, having been involved in many large transactions and acted in several ground-breaking matters for prominent clients both in Botswana and from elsewhere.

Professional Qualifications

Bachelor of Laws – October 1991 (University of Botswana)
Attorney of the High Court of Botswana – November 1991

Career Summary

  • Parks is consistently ranked by Chambers Global as a Band 1 leader in his field.
  • PLC Which Lawyer? 2011 recognises Parks as a top corporate and commercial lawyer.
  • IFLR 1000 2013 and 2014 recognises Parks as leading lawyer in Energy and Infrastructure in Sub-Saharan Africa.
  • Co-author of Construction and Projects Overview in Botswana article featured in Practical Law Multi-Jurisdictional Guide 2013/2014

Areas of Interest

Competition Law, Company Law, Intellectual Property

Recent Matters & Experience

  • Acting in 2012/2013 for PEEPA as lead legal advisor with AF Mercados as part of an International consortium to advise and prepare for the introduction of private sector participation in the electricity supply industry, through the separation and privatisation of Botswana Power Corporation generation, transmission and distribution businesses;
  • Acting as the Botswana Counsel part of an International consortium lead by Mott McDonald engaged by the Government of Botswana in the restructuring of water, energy, gas and petroleum sectors, leading up to the setting up of multi-sector umbrella regulator, namely, Botswana Energy and Water Regulatory Authority (“BEWRA”), which includes drafting primary legislation and legal framework to be presented to Parliament in July 2014;
  • Principal external legal counsel for Botswana Meat Commission for a period over twenty-three (23) years, including being involved in the restructuring of the business of the Commission and its various subsidiaries, including the sale and disposal of Botswana Road Services, Mainline Carriers, real estate and property portfolios;
  • Acting for the Government in drafting primary legislation amendments to Electricity Supply legislation to allow Independent Power Producers (“IPP”) promulgated by Parliament in December 2007 and the drafting of the Model IPP Licence for Botswana;
  • Acting for Botswana Meat Commission in various funding, financing and capitalisation initiatives to finance working capital and trade finance and/or beef exports, including drafting and negotiating Government Guarantees with various financial institutions in Botswana;
  • Acting for Botswana Meat Commission in the drafting and negotiating of various major commercial agreements, including a Consignment and Transportation Agreement with Carriers, Livestock Purchase Agreement, European Union Distributorship Agreements, Cattle Feeding Agreements with Feedlotters contracted by BMC aimed at assisting the Commission in managing, transporting, shipping, insurance, trade finance, production, logistics, marketing and various upstream and downstream of the BMC supply chain of its beef industry and beef by-products, both for export and domestic business;
  • Acting for Botswana Meat Commission in the formation of distributorship agreements for the export of Botswana beef in the European Union;
  • Has, for over many years, advised, acted for and supported Botswana Meat Commission, the Board and Management, to manage stakeholder relationships and risk with regulators, including the Department of Veterinary Services (“DVS”) and the Ministry of Agriculture, and ultimately to the Government of Botswana as a sole shareholder;
  • Legal advisor to the Ministry of Agriculture in the privatisation of Banyana Farms commercial ranches and conversion into leaseholds;
  • Co-counsel for Botswana Power Corporation negotiating the Operation and Maintenance Agreement with Steag Energy Services GmbH for the operation and maintenance of the 600MW Morupule B Power Station in the value of BWP 170 million;
  • Co-counsel for Botswana Power Corporation negotiating the Operation and Maintenance Agreement with CNEEC for the operation and maintenance of the 600MW Morupule B Power Station in the value of BWP 170 million;
  • Co-counsel for Botswana Power Corporation on taking-over of sections of the 600MW Morupule B Power Station under the EPC Contract between BPC and China National Electric Engineering Company Limited;
  • Member of the legal team to Botswana Development Corporation in its proposed BWP 1 Billion note programme;
  • Lead counsel for Standard Chartered Bank Botswana and Standard Chartered Bank Mauritius in the syndicated financing of Okavango Diamond Company valued at US$ 100 million;
  • Acting as lead counsel for First National Bank of Botswana and Rand Merchant Bank South Africa, syndicated financing of Botswana Development Corporation of BWP 400 million;
  • Acting for the Standard Chartered Trade Service Corporation in respect of funding arrangements for a Botswana based sight-holder valued at US$ 16 million and for Standard Chartered Hong Kong in the US$ 35 million financing of diamond sight-holders;
  • Acting as Botswana counsel for African Export-Import Bank in the US$ 40 million facility to the African Banking Corporation group;
  • Acting as counsel to Standard Chartered Bank Botswana Limited in the BWP 120 million Facility granted to ILO Industries (Pty) Ltd and Honey Guide (Pty) Ltd.
  • Acting as counsel to Botswana Development Corporation in the mixed use multi-story Fairscape Precinct Development Project in the value of BWP 500 million;
  • Acting as counsel for First National Bank of Botswana Limited in the BWP 172 million facility to Botswana Public Officers’ Medical Aid Scheme;
  • Legal counsel for Stanbic Bank Botswana Limited on the extension of the Diamond Technology Park development valued at BWP 69 million;
  • Acting as lead counsel for Botswana Public Officers Medical Aid Scheme’s in the acquisition of assets and business of Bokamoso Private Hospital with Lenmed Health with assets valued at BWP 800 million;
  • Acting for CEDA Structured Finance Division in a number of venture and private equity transactions;
  • Acting as lead counsel in Botswana for Cathay Fortune Investment’s proposed acquisition of Discovery Metals Limited valued AUD830 million.
  • Acting as lead Botswana counsel on the scheme of arrangement and acquisition by Cupric Canyon Capital of Hana Mining;
  • Acting for Sasol Petroleum and Origin Energy (Australia) in the multimillion US Dollar joint venture Coal Bed Methane Project;
  • Acting for Botswana Railways in the construction, development and financing of the BWP 400 million real estate development of Rail Park Mall Shopping Centre in Gaborone;
  • Acting for Morupule Colliery Mine in Coal Supply and Off-Take Agreements with NamPower;
  • Acting as lead counsel in Botswana for a syndicate of lenders in the Morupule Expansion Financing valued at BWP 1.2 billion;
  • Member of legal team in the IPO of Wilderness Holdings Limited;
  • Acting for Hana Mining Limited on a secondary listing on the Botswana Stock Exchange;
  • Lead counsel to Local Shareholders in respect of BWP 1.8 Billion in the restructuring of the capital structure of Orange Botswana mobile telephone company with France Telecomm;
  • Acting as lead legal advisor for Botswana Power Corporation in the development of Phase 1 of Morupule B Power Expansion Project valued at US$ 1.4 Billion;
  • Acting as lead legal advisor for Botswana Power Corporation on the integrated Mmamabula Energy Project valued at US$ 16 Billion;
  • Appointed side by side with Clifford Chance to advise on the development of a 270 MW coal-bed methane power plant in Orapa/Mmashoro on behalf of a major export-credit agency in North America;
  • Acting as counsel for the Standard Bank Group in the BWP 279 million re-capitalisation of the local banking subsidiary;
  • Acting for Botswana Railways for over two decades as principal external legal advisor in all aspects of their business, including the drafting of all major commercial and supply chain agreements in connection with the procurement and manufacture, inter alia, of locomotives, wagons and other railway rolling stock and infrastructure;
  • Lead legal advisor to Botswana Public Officers’ Pension Fund;
  • Counsel for investors, financiers, lenders and operators in various mining, infrastructure, construction and resources sectors in Botswana, including management and technical services agreements, EPC contracts and EPCM and off-take agreements;
  • Legal counsel for major mining houses, parastatals and statutory organisations in Botswana including Bank of Botswana, Botswana Power Corporation, Debswana, BCL Limited, Botswana Ash, Botswana Railways, Botswana Meat Commission, Botswana Telecommunications Corporation, Botswana Oil, Botswana Tourism Organisation and University of Botswana;
  • Legal advisor to Debswana Pension Fund;
  • Lead legal advisor to Botswana Public Officers Medical Aid Scheme;