Mtetwa and Nyambirai Legal Practitioners

Revision as of 16:55, 2 October 2020 by Smanganyi (talk | contribs) (→‎Litigation)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Mtetwa & Nyambirai Legal Practitioners
Mtetwa and Nyambirai.jpg
AbbreviationM&N
Formation2006
FounderBeatrice Mtetwa and Tawanda Nyambirai
TypeLaw Firm
Headquarters2 Meredith Drive, Eastlea, Harare
Location
ServicesLegal
Senior Partner
Beatrice Mtetwa
Senior Partner
Tawanda Nyambirai
Websitehttp://www.mandn.co.zw/index.html

Mtetwa and Nyambirai Legal Practioners is a Zimbabwean firm with a rich history of providing cutting-edge legal services to both individuals and businesses for over a decade. The firm represents some of Zimbabwe's largest corporate entities and has handled high profile commercial transactions with a proven success rate.[1] Their team of legal practitioners have proven expertise in a diverse list of fields such as commercial law, constitutional and human rights law, labour law, administration of estates, conveyancing and property law, and general civil and criminal litigation.

Background

Founded in 2006, Mtetwa & Nyambirai has established itself over the past decade as one of Zimbabwe’s leading law firms. The firm’s founding partners Beatrice Mtetwa and Tawanda Nyambirai have worked together for nearly three decades, having first met when Tawanda was still at law school doing his attachment at Kantor & Immerman, where Beatrice was already a partner. Tawanda and Beatrice later became close friends when Beatrice represented Tawanda’s late brother in resisting his unlawful dismissal on the grounds that the dismissal was a violation of his constitutional right to freedom of worship.

Tawanda later joined Beatrice at the same firm where he also became a partner. The two of them became a formidable team, successfully handling several landmark cases together including the famous Econet cases of the late 1990s which paved the way for the launch of what is now Zimbabwe’s largest telecommunications company. That case illustrates the powerful combination of Beatrice’s fearless determination and heart for justice with Tawanda’s sharp mind and savvy business sense that produces ground-breaking results for our clients. Those characteristics continue to shape the culture of Mtetwa & Nyambirai to this day.

Over the years, the firm has grown into a full service law firm with the capacity to handle matters relating to all aspects of Zimbabwean law. Our lawyers have international experience and expertise in a very broad range of practice areas. The firm employs a team of highly professional support staff who have extensive contacts with the courts and the deeds registries office. The combined experience of our staff allows us to ensure that matters are seamlessly conducted in a competent and efficient manner. We’re committed to continuing our tradition of providing cutting-edge legal services with the goal of delivering justice for our clients.

Cases Handled

Mtetwa & Nyambirai’s history is punctuated by landmark cases in multiple areas of the law. As one of our longest standing clients, Econet Wireless’s name appears on many of those cases. These include cases such as Econet Wireless v Trustco Mobile, saving our client over a US $1 million in averted damages, and Derdale v Econet Wireless which is now the seminal case on the inherent jurisdiction of the High Court under the 2013 Constitution of Zimbabwe.

The firm has been involved with multiple high profile human rights cases. Notably, we were instrumental in the recovery of abducted activist Jestina Mukoko — who was held incommunicado and tortured for nearly a month in 2008. We subsequently handled a string of related legal cases that followed, including securing a stay of prosecution for Ms Mukoko and suing her abductors for damages in their personal capacity. Their founding partner, Beatrice Mtetwa, has received multiple international awards for her efforts and sits on the board of the International Bar Association’s Human Rights Institute.

Core Values

Performance Driven

They appreciate effort, and reward and celebrate results. They set challenging goals and do not shy away from accountability.

Being Responsive

Their clients expect them to respond to their questions and concerns quickly. Getting back to their clients promptly is one way they demonstrate the sensitivity to their issues and how much they care about them.

Being Honest

They believe in open and honest communication as the best foundation for any professional relationship. They always act with integrity in their relationships.

Hard Working

They “bring it” every day. While skill, talent, and knowledge are necessary for producing good results, passion is the energy that fuels their attorneys in the cases which they handle.

Accountability

Holding themselves accountable for results is a reflection of their personal commitment to your cases.

Honouring Commitments

They follow through on their promises and consistently follow-up to ensure that your case is completed in accordance with the commitment they made.

Seeing Problems as Opportunities

Their attorneys view all legal problems as opportunities to advance the law and to achieve justice. They take advantage of every case to become better, smarter, and more effective.

Setting and Managing Expectations

Their attorneys understand the need to manage the broad expectations of clients and always create mutually understood expectations in every situation.

Attorneys

  • Beatrice Mtetwa - Senior Partner
  • Tawanda Nyambirai - Senior Partner
  • Mzokuthula Mbuyisa - Managing Partner
  • Jill Zindi - Consultant
  • Mark Rujuwa - Associate
  • Doug Coltart - Associate
  • Wellington Musengwa - Associate
  • Jabulani Ndlovu - Associate
  • Prosper Tamuka Chakanyuka - Associate

Practice Areas

  • Corporate and Commercial Law
  • Employment Law
  • Conveyancing and Property Law
  • Administration of Estates
  • Criminal Law and Litigation
  • Human Rights and Constitutional Law
  • Alternative Dispute Resolution
  • Family Law
  • General Litigation
  • Environmental and Mining Law
  • Telecommunications Law

Milestones - Success Stories

Litigation

The firm has a proud record in assisting clients in complex commercial transactions and litigation which has been reported in the Zimbabwe Law Reports. The publication is prepared by the Legal Resources Foundation, a non-profit making organisation. The editorial board consists of senior legal practitioners and Judges of the Superior Courts in Zimbabwe. Some of the reported cases handled by the team, selected on account of the novel legal principles discussed as well as the public interest in such cases include:

NYAMBIRAI v NSSA & ANOR 1995 (2) ZLR 1 (S)

  • Tawanda Nyambirai personally challenged the provisions allowing for compulsory acquisition of property by way of the National Social Security Pension Scheme. While he ultimately lost the matter, the case is iconic as it gave the Supreme Court an opportunity to develop the law on pension schemes and their relationship with property rights. It has been quoted in many cases subsequent to it in Zimbabwe and in South Africa.

MUCAL ENTERPRISES (PRIVATE) LIMITED V STEWARD BANK LIMITED HH 198/15

  • A case in which a local bank was sued for damages arising out of what the Plaintiff claimed were losses it suffered after its bank account was frozen. Taona Wayne Nyamakura (Taona Nyamakura) defended the case on behalf of the bank and the damages claim was dismissed with costs.

ECONET WIRELESS (PVT) LTD V TRUSTCO MOBILE (PTY) LTD 2013 (2) ZLR 309

  • A case in which the court developed the principle of anticipatory breach and its effect on the rights of the parties. The Firm went on to represent the Appellant at arbitration and successfully argued for the case of the Respondent to be dismissed.

OLIVER CHIDAU & OTHERS V JAYESH SHAH & OTHERS HH137/15

  • A case which involved a business transaction in which TN Asset Management, their client, bought shares in a listed company for value from a seller who had received the shares in the form of pledged security for a loan. The initial owners of the shares, the Applicants in the matter above, sought a declaratur that the sale of the shares to their client “constituted unlawful parate executie”, that the securities transfer form executed by the forth applicant in respect of shares held by it was invalid by reason that the certificate was defective and that ownership of the shares did not lawfully pass to the second respondent.
  • The applicants also sought the return of the shares to them among other relief. In dismissing the application and finding in favour of their client, the court confirmed that the doctrine of parate executie is part of our law and that a person who takes transfer of pledged instruments in good faith and for value receives title to those rights free from any defences. The case was a classic in its restatement of our law of securities as derived from our common law (Common Law in Zimbabwe).
  • In the field of Individual and Collective Employment Law, their team has defended employers in disputes with employees and organisations which represent them with a proven track record of excellence. For example, after the aftermath of the Labour Amendment Act, 2015, many employers have been compelled to settle bills for claims for damages in the millions, yet all the clients we represent have successfully resisted the claims.

JESTINA MUKOKO CASES

  • The firm was instrumental in the recovery of abducted activist Jestina Mukoko — who was held incommunicado and tortured for nearly a month in 2008. The firm subsequently handled a string of related legal cases that followed, including securing a stay of prosecution for Ms Mukoko and suing her abductors for damages in their personal capacity.

Non Litigation Cases

The firm has advised listed companies in transactions concerning take overs, reverse take overs, mergers and demergers. Most recently the firm handled a complex rights offer specifically meant to address the liquidity challenges currently bedeviling the Zimbabwe economy.

Picture Gallery

Videos

Contact

  • Address: 2 Meredith Drive, Eastlea, Harare
  • Box Address: P.O. Box 4112
  • Telephone: (0242) 251118 701743 790598
  • Fax: (0242) 252079
  • Email: triciaz@mandn.co.zw



References

  1. [1], Mtetwa & Nyambiral Legal Practitioners, Accessed: 2 October, 2020