Sawyer & Mkushi Legal Practitioners

11th Floor, Social Security Centre 2nd. Street, P.O.
Box 3312Harare
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From a small beginning of two partners in June 1975, Sawyer and Mkushi (S & M) has grown into a formidable practice in the last 34years. The firm draws its experience from well-known personalities in the legal profession. There are five principals namely, Honour Piniel Mkushi (senior and founding partner), Davison Moses Foroma, Ostern Mutero, Jingini Raphael Tsivama, and Nyaradzo Gilbertina Maphosa supported by several graduate- qualified professional assistants. Collectively the firm represents a concentration of specialist talent and a dynamic team of expertise. About Us: Sawyer and Mkushi is carefully structured and staffed to meet the demands of contemporary commercial and general legal practice. The firm handles all aspects of legal work in Zimbabwe, Africa and literally all over the world. There are no restrictions on capacity and ability to handle legal work in any country. The firm also has reputable correspondent law firms in the leading countries of the world for the efficient execution of international contracts. Our partners hold memberships in various International Law Organisations like The Commonwealth Lawyers Association , The International Bar Association and Corporate Lawyers Association of South Africa. These associations keep the lawyers abreast of global trends especially when they handle internationally related mandates. The firm offers a portfolio of services ranging from private personal matters to major acquisitions and take-overs, privatisations and commercialisations to litigation or consultancy abroad. Our clients include private enterprises, parastatals, conglomerates, governments, non governmental organisations as well as private individuals. Within the practice is an active civil and criminal litigation department. OUR MISSION Our mission is to provide the highest standard of professional legal service in the most efficient cost- effective manner. Areas of Practice 1.COMMERCIAL AND CORPORATE LAW We offer a comprehensive package of services in this area that includes:- Drafting agreements and related opinion work. Formation, incorporation and registration of companies Agreements of sale international trade Acquisitions, mergers and take-overs drafting company resolutions Attending to change in company memorandum and articles of association increasing or reducing authorised share capital amendment of objects of companies and submission of company returns Privatisation and floatations of companies. Voluntary and compulsory liquidations Share registrations, transfers and general broking Partnerships and joint ventures Agreements of sale, hire and hire-purchase Security bonds Guarantees, suretyship and indemnity agreements 2.BANKING AND FINANCIAL SERVICES The financial services sector benefits from our expertise in such areas as: General financial advice in liaison with relevant bodies on investments into Zimbabwe Rendering opinions in international financial agreements Drafting financial facility agreements debt securities Arranging equities, Banking law Drafting security forms and documentation insolvency stock exchange matters Reserve Bank of Zimbabwe requirements Exchange Control requirements. Vetting and drafting international financial agreements 3.COLLECTIONS We have a collections department responsible for: Preparation of Demands and Summons Drafting acknowledgements of debt Registration of security documents Recovery of debts and foreclosures expeditiously and effectively. Registration and execution of foreign judgements. Restructuring debts and handling Compromising and Set-offs 4. PROJECT LEGAL CONSULTANCY This is a specialised area with a 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, invetigate, research, undertake due diligence and report on any project requiring thorough professional and balanced analysis Company restructures, mergers and acquisitions including sale of shares Sale of business and share swopping. Management buy outs Commercialisation and privatisation re-structures Examining legal regimes in force and applying legal requirements to specific projects. Studying, analysing and rendering advice on all types of projects whether legal or quasi legal or social or business Studying and analysing projects in the light of existing statutes, general laws and regulations. Suggesting and drafting amendments and any other changes to legislation. Providing legal opinions on a case by case basis. 5. PROPERTY, NOTARIAL AND CONVEYANCING Our Real Estate department deals with all facets of property law including: Drafting, execution and registration of all types of notarial deeds. Registration of transfers and bonding of immovable properties. Sale, purchase, lease and general rights in property, including intellectual property mortgage bonds, general and special notarial covering bonds Town planning applications, change of use and subdivisions All types of conveyancing work on behalf of corporate clients, developers, government agents pension funds and Estate Agents. 6. FAMILY AND PRIVATE LAW A dedicated team of professionals handles this portfolio with the multiple expertise that it requires. They offer services in: Ante-nuptial contracts advice on property relationships Divorce, custody, maintenance and access to children. Children's rights including matters related to adoption and care, guardianship and wardship of minors Civil and Customary marriages and inheritance issues. Probate/Estate planning. Preparation of Wills, Trusts and Administration of Estates. 7. CIVIL AND CRIMINAL LITIGATION A dynamic expert team handles 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. 8. LABOUR CONSULTANCY This is a fast growing area requiring up to date knowledge of the currentLabour Relations Legislation. Our expertise covers: general labour consultancy services; corporate governance issues and fair labour practice; employment and industrial relations law; employment contracts, codes of conduct and constitutions; labour and trade union disputes; retrenchment and retirement packages and issues on fair labour practices; arbitration and Dispute Resolution; and conditions of service, pollution and environmental issues. 9. INSURANCE SERVICES Our qualified team specially deals with:- General insurance issues and opinions Drafting and interpreting insurance contracts Insurance and personal injury claims 10. TAX LAW Our services span: Advance tax planning The handling of tax objections and appeals against tax assessments. Analysing and advising on tax implications of agreements and business transactions. Advice on tax efficiency and drafting trusts and other tax planning instruments. Estate duty strategies. INTELLECTUAL PROPERTY Registration of patens and trade marks Intellectual Property, Entertainment law and International Franchising. Litigation to protect these rights COMMUNICATIONS AND TRANSPORTATION LAWS We have the legal and technical prowess much needed in this bitterly competitive field. We handle matters relating to:- Regulatory requirements in postal, telecommunications, electronic wireless and computer fields. Aviation Transport and Travel Laws. Public liability and injury or death damages claims. IMMIGRATION Citizenship, permanent and temporary residence and work permit applications. ENVIRONMENT LAW Especially for industrial manufacturing and municipal clients. Issues of labour safety Health and anti-pollution Laws GENERAL LOBBYING The firm will undertake, on behalf of corporate and individual clients strategic and effective lobbying in legal, business and protocol matters. OUTSOURCING The firm will engage other experts such as Counsel, medical, tax or financial advisors when this is necessary.