As ESG issues move higher up the agenda, investors and companies in Africa face increasing pressure to meet environmental, social, and governance standards or risk legal and reputational consequences. In this episode, Nicole Martens Impact Investing Research at Krutham, speaks with Bowmans partners Christina Nduba-Banja and David Geral, and senior associate Brian Mambosho about ESG-related litigation across Kenya, South Africa and Tanzania. They unpack local precedents, investor risks, greenwashing, and the likelihood of regulatory and class action exposure in African markets.

Artificial intelligence (AI) is here to stay, reshaping industries, raising new legal questions, and pushing regulators worldwide to respond. In this episode of the Bowmans ‘Value of Knowing’ podcast, partner Ashleigh Graham discusses the risks that AI adoption pose to businesses and how to mitigate them with partners John Syekei and Vanessa Jacklin-Levin, and senior associate Ashleigh Brink. The discussion extends to global regulatory developments and where African countries stand in the global race to regulate this important and evolving disruptor.

Africa’s FinTech sector is booming, but can regulation keep up? In this episode of the Bowmans ‘Value of Knowing’ podcast, partner Ariana Issaias is joined by partner Bright Tibane, and senior associate Cynthia Amutete. They unpack the state of the playing field in Kenya and South Africa, the evolving rules shaping startups, the fastest-growing areas, and the cross-border opportunities set to transform the continent’s financial future. The discussion extends to the legal shifts and compliance considerations for investors.

Chloë Loubser, knowledge and learning lawyer: Employment and Data Protection, is joined by partner and head of Bowmans’ Data Protection Group based in South Africa, Nadine Mather; director, Ariana Issaias, based in Kenya, and partner Joshua Mwamulima, based in Zambia, to unpack one of the fastest-evolving areas of law across Africa: data protection and privacy. The discussion highlights the current state of regulation in 12 African jurisdictions, and provides detailed information and practical examples from Kenya, South Africa and Zambia.

Public private partnerships (PPPs) hold huge potential to drive infrastructure growth across East Africa, but the path to success is not smooth. In this episode, Bowmans partners Edwin Baru (Kenya) and Joshua Mwamulima (Zambia), and senior associate, Lameck Muganyizi (Tanzania), unpack the evolving legal frameworks, highlight new opportunities in energy, transport and ICT, and discuss the challenges of structuring and financing bankable PPP projects. The discussion provides an essential guide to the PPP landscape for investors.

In this episode, Bowmans’ partner Charles Douglas discusses the complex intersection of sustainability, geopolitics, and the future of African mining with partners Christina Nduba-Banja, Claire Tucker and Wandisile Mandlana. From the shifting influences of global powers like the US and the EU to Africa’s immense critical mineral reserves, the conversation highlights some of the opportunities and challenges facing the industry. These include Africa’s role in the decarbonisation drive, the importance of shared prosperity and the community factors that are critical for the mining industry’s future.

In the latest episode of our ‘Value of Knowing’ podcast, Norma Mazibuko, executive rewards consultant at Bowmans in Johannesburg, discusses remuneration trends in West, East and Southern Africa with Martin Hopkins (Bowmans’ head of Reward Advisory Services, based in Johannesburg); Rainbow Field (director at Bowmans in Nairobi); Lenja Dahms-Jansen (Bowmans’ partner based in Johannesburg); and Ozofu Ogiemudia (partner with Bowmans’ Alliance Firm in Nigeria, Udo Udoma & Belo-Osagie). They discuss significant trends and developments in remuneration practices, providing insights into how African companies are adapting to global standards while addressing local challenges. They highlight important considerations for investors in Africa, from the evolution of executive pay structures to the development of employee share ownership plans and the incorporation of ESG performance measures.

Chloë Loubser, specialist in employment law and data protection, discusses the employment law considerations of business transfers in West, East and Southern Africa with Helen Wilsenach (head of employment and benefits at Bowmans, based in South Africa), Terry Mwango (head of litigation and disputes at Bowmans Kenya), and Victoria Amarachi Agomuo (senior associate with Bowmans’ Alliance Firm in Nigeria, Udo Udoma & Belo-Osagie or UUBO). The discussion covers the two distinct approaches when it comes to the employment consequences of a business transfer, how investors can go about harmonising employment terms and conditions post-transfer and process considerations including the need for mandatory or recommended information disclosure requirements. The discussion provides compelling insights for investors in Africa.

In this episode of The Value of Knowing, host Alison Mellon, a seasoned banking and finance lawyer, is joined by two distinguished guests: Allen Leuta, Head of Banking and Finance and Co-head of Infrastructure at Bowmans, and Shamilah Grimwood, a partner in the firm’s Banking and Finance Department. They explore key energy trends and legislative reforms impacting the energy sector across Sub-Saharan Africa. The discussion covers the current state of the energy sector, historical challenges, emerging opportunities, and significant legislative initiatives driving growth. The episode also highlights specific countries poised for progress and the implications of global climate goals on the region’s energy development. This comprehensive analysis of energy trends and opportunities across Sub-Saharan Africa is not to be missed.

In this episode, Bowmans’ partner Chris Todd continues his discussion with Bowmans’ senior consultant Graham Damant, this time focusing on the obligations and duties of boards in South Africa in relation to CEOs. They delve into how a board should respond to allegations of misconduct by a CEO, including considerations on whether it is appropriate to suspend the CEO. They also discuss the board's obligation to address misconduct committed by the CEO, outlining the appropriate process to be followed and the steps to be taken. Additionally, they cover the board's responsibility to assess the performance of the CEO and take remedial steps for poor performance, which may include termination of employment. Lastly, they explore the board’s duties and the factors that should be considered when concluding a mutual separation agreement with a CEO or senior executive.

The duties of directors in South Africa’s increasingly regulated environment are onerous. In this episode, Bowmans’ partner Chris Todd and senior consultant Graham Damant discuss what boards need to know about employment, employment law, and employee benefits to meet their fiduciary duties and avoid liability. They explore the critical areas that directors must be aware of regarding employment law and regulations. Additionally, they delve into the board’s obligation to set the direction for ethical standards, including defining what constitutes the ethical direction of the company, what policies support this, appropriate delegations of authority, and monitoring compliance. The discussion also covers the board's responsibility to appoint a CEO, focusing on appropriate contractual terms and specific provisions that should be considered, along with the delegation of authority to the CEO and the issue of role clarity. Furthermore, they examine the board's duty to determine the direction of remuneration and approve a remuneration policy. Finally, they address what directors need to do when things go wrong.

Businesses across Africa are facing several economic challenges, including high unemployment rates, slow economic growth, fiscal constraints, and structural issues. As a result of the ever-increasing level of corporate distress and uncertainty, business owners and lenders are curious to see what the new year will have in store for them. In this episode, well-known South African journalist and radio presenter, Michael Avery, hosts a discussion with a range of business rescue, restructuring, and insolvency specialists, including Jo Mitchell-Marais, Southern Africa turnaround and restructuring leader at Deloitte; Stefan Smyth, managing director of the Restructuring Advisory Practice at Kroll; Juliette de Hutton, co-head of Restructuring at Bowmans based in Cape Town; Joyce Mbui, Bowmans’ partner based in Nairobi; and Tobie Jordaan, Bowmans’ partner based in Johannesburg.