Elton Jangale is the managing partner of our practice in Malawi.
He specialises in competition law and public-private partnerships (PPP) in Malawi, the Common Market for Eastern and Southern Africa (COMESA) and the Southern Africa Development Community (SADC).
In the area of competition law, his experience ranges from advising clients on the competition law aspects of takeovers, mergers and acquisitions; to structuring compliance programmes and providing training on compliance; and acting for clients in competition enforcement litigation and dispute resolution.
He has also been consulted on the formulation, reform and development of competition law and policy.
In the area of PPP Elton is experienced in advising, drafting, negotiating, reviewing, monitoring and arranging commercial agreements, concessions and related legal instruments. His expertise in this field covers conducting PPP and project finance feasibility studies.
Elton’s expertise extends to business and finance as well as commercial, company and tax law.
He is a member of the Institute of Chartered Accountants in Malawi (ICAM) and the Malawi Law Society; a fellow of the Association of Chartered Certified Accountants; and a member of the General Council of the Bar of England & Wales. Elton has an LLB (Hons) from the University of London, a Postgraduate Diploma in Professional and Legal Skills from City University in London, and a Master of Philosophy in Development Finance from Stellenbosch University.
Experience gained prior to joining Bowmans is as follows
Relevant M&A and Competition experience
- Legal counsel in Malawi to The Coca-Cola Company and AB InBev BV in relation to structuring transactions and advising on regional and national antitrust laws.
- Legal advisor to Central Poultry in relation to two acquisitions in Malawi, including providing M&A transaction, antitrust and due diligence legal advice.
- Counsel to the African Export-Import Bank in relation to various transactions with the Reserve Bank of Malawi and Government of Malawi, including conducting legal due diligences, vetting contractual documents for compliance with local regulatory requirements, preparing documents that align with Malawi law as well as English law, and attending to registration and obtaining of regulatory approvals with responsible authorities.
- Advised on the disposal of Global Tea’s stake in Makandi and Kawalazi Tea & Coffee Estates to the acquirer, Dhunseri Tea
- Advised on the disposal of Supa Swift’s stake in FedEx Malawi to FedEx.;
- Advised on the disposal of British Petroleum’s stake in BP Oilcom Malawi to Puma Energy.
- Acting as legal counsel to Paladin Africa Ltd in relation to the review of laws and regulations for purposes of legal and regulatory compliance.
- Advising various clients (Japan Tobacco International [JTI], DHL Services, Global Tea Ltd, foreign law firms) on Malawi laws relating to general commercial transactions.
Relevant Project Finance experience
- Providing Project Finance transaction advisory services on the re-concessioning of Malawi Lake Services and on the re-negotiation of Malawi Railways;
- Transaction advisory in relation to numerous contracts (including the Malawi Railways PPP concession and the PPP Toll Road in Port Louis in Mauritius).
Relevant Public Law experience
- Legal transaction advisor to confidential clients in relation to public-private partnerships (PPP) and Project Finance.
- Review of the Malawi Public Finance Management Act and development of the Amendment Bill. This included conducting a literature review, a diagnostic review of Malawi laws related to public finance managed (PFM), a benchmarking analysis of PFM laws of five African countries, stakeholders’ interviews and consultations with public and private sector people, and the ultimate, the creation of a comprehensive key issues report and the ultimate drafting of the PFM Bill.
- Acted as a PPP Legal Expert, consultancy to perform a feasibility study concerning the introduction of road tolls under a PPP arrangement on selected sections of public roads network. This included an assessment of the adequacy of the governance, institutional and legal framework in the Road Fund Administration Act and other relevant legislation for the introduction of tolling; carrying out of an institutional due diligence to assess the capacity to enter into and manage the contract and make relevant reform recommendations where necessary.
- Advised as a legal consultant on the European Union (EU) project to Ministry of Industry, Trade & Tourism for a Consultancy for Assessment of Options for Domestication of COMESA Competition Regulations. This included reviewing laws that govern the domestication of international treaties in Malawi, including conducting consultations with government agencies; assessing options for domestication of COMESA Competition Regulations; assessing how the COMESA Competition Commission & the CFTC may interface to avoid creating legal conflicts in discharging their respective mandates under their respective laws and regulatory regimes; and recommending appropriate legal options for domesticating the Regulations
- Legal advisor in Malawi to develop a National Transport Master Plan to guide sustainable development of an integrated multi modal transport sector over the period 2017 to 2037. This included reviewing governance, legal and regulatory framework for the transport sector, together with any deviations from both international best practice in attaining sustainability, and compatibility with regional economic community norms, and identifying needs for capacity building, legal reform and technical assistance where appropriate.
- Legal advisor in relation to the set-up of institutional, legal, governance and regulatory framework for investment promotion and facilitation in Malawi. This included creating a legal framework that gives the Malawi Investment & Trade Centre the power and governance structure to fulfil its mandate as an effective, efficient and competitive “One-Door” One Stop Service Centre for investment and trade promotion and facilitation in Malawi.
- Legal advisor as a PPP expert in relation to conducting a feasibility study on PPP on student accommodation on participating public universities in Malawi.
- Acting as an Investment Policy Reform Advisor under the USAID Southern Africa Trade Hub for investment policy implementation in Malawi.
- Legal advisor to and member of the Technical Working Group (TWG) for Malawi National Single Window. This included reviewing laws relating to the National Single Window (NSW) framework and participating in the initial drafting of a NSW law and related governance and institutional framework.
- Individual Consultant in the PPP Commission consultancy to the Public-Private Partnership Commission (PPPC), including carrying out a legislative assessment/review of l the PPP investment framework and developing PPP Investment Policy & Legislative Framework for Malawi.
- Legal advisor to the Malawi Economic Justice Network on simplification of foundations and principles of the Public Procurement Act, including reviewing the Public Procurement Act, preparing a simplified version of the policy, foundations and principles of the PPA governance, drafting it into a booklet and conducting trainings.
- Lead Consultant, PriceWaterhouseCooopers, in consultancy services to assist the National Audit Office (NAO) in strengthening its operational capacity. This included reforming the Office of Auditor General (AG) and National Audit Office (NAO), reviewing the relevant policy and legislative framework, developing training manuals on public procurement audits, providing training on the procurement framework and developing templates to guide the AG and NAO on conducting public procurement audits.
- Legal consultant to the Reserve Bank of Malawi (on the Financial Sector Technical Assistance Project) for the Financial Consumer Protection legal and regulatory framework review. This included carrying out a diagnostic review of the Financial Services Act (FSA), Consumer Protection Act (CPA); and Competition Fair Trading Act (CFTA); recommending solutions on harmonising the legal framework for financial consumer protection in Malawi; preparing draft amendments to the FSA, CPA and CFTA; and reporting on the proposed reforms on the World Bank and RBM.