TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS
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TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS
BOWMANS Technology, Media and Telecommunications
Contents
04 Our Firm
05 Our Footprint in Africa
06 Our Technology, Media and
Telecommunications Sector
08 Our Specialist Services
09 Our Signature Matters
12 Accolades
14 Key Contacts
2 3
BOWMANS Technology, Media and Telecommunications
Our Firm Our Footprint
in Africa
We help our clients overcome legal complexity W e are present in six countries in Africa:
Kenya (Nairobi), Mauritius (Moka), South
and unlock opportunity in Africa. Africa (Cape Town, Durban, Johannesburg),
Tanzania (Dar es Salaam), Uganda (Kampala)
and Zambia (Lusaka).
O ur track record of providing specialist legal
services in the fields of corporate law,
banking and finance law and dispute resolution,
At the inaugural IFLR1000 Awards for Sub-
Saharan Africa (2020), we received 10 awards
across four jurisdictions confirming our leadership
We work closely with our alliance firms in
Ethiopia (Aman Assefa & Associates Law
Office) and Nigeria (Udo Udoma & Belo-
spans over a century. when it comes to advising on multijurisdictional Osagie). These are two of the leading Uganda
mergers and acquisitions in Africa. At the African corporate and commercial law firms in their
With eight offices in six African countries and Legal Awards (2020), we won awards in three jurisdictions. Ethiopia
over 400 specialist lawyers, we draw on our categories and were highly commended in a
unique knowledge of the business and socio- further four categories including African Law We have developed best friends relationships
political environment to advise clients on a wide Firm of the Year – Large Practice. with PFI Partnerships in Malawi and Taciana
range of legal issues. Peão Lopes & Advogados Associados in
We received awards in three out of four Mozambique, and regularly work with leading
Nigeria Kenya
Everywhere we work, we offer clients a categories at the Dealmakers East Africa Awards law firms in other countries such as Angola,
service that uniquely blends expertise in the (2019): top legal adviser in the M&A Category for Botswana, Ghana, Ivory Coast, Namibia, Tanzania
law, knowledge of the local market, and an both deal flow and deal value and advised on the Rwanda, South Sudan and Zimbabwe.
understanding of their businesses. Our aim Deal of the Year. In the Dealmakers South Africa Malawi
is to assist them to achieve their objectives Awards (2020), we were placed third for both We have a comprehensive database of all the Zambia
as smoothly and efficiently as possible while transaction value and transaction volume in the law firms we work with in the rest of Africa
minimising the legal and regulatory risks. General Corporate Finance Category and fourth covering such countries as Algeria, Egypt,
for both deal value and deal volume in the M&A Morocco and French-speaking West Africa.
Our clients include corporates, multinationals Category. Mauritius
South Africa
and state-owned enterprises across a range of We are representatives of Lex Mundi, a global
industry sectors as well as financial institutions association with more than 160 independent Mozambique
and governments. law firms in all the major centres across
the globe. Lex Mundi gives us the ability to
Our expertise is frequently recognised by connect our clients with the best law firms in
independent research organisations. Most each of the countries represented.
recently, Mergermarket identified us as the Bowmans offices
number one legal adviser for Africa by number of
completed deals in 2020.
Alliance firms
Best friends
Significant transaction
or advisory experience
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BOWMANS Technology, Media and Telecommunications
Our Technology, Media and
Telecommunications Sector
Our specialists in technology, media and “Distinguished practice with
telecommunications law advise clients in
leading expertise across
this sector operating or looking to enter
into the African market. a wide range of IT and
telecommunications matter.”
ith extensive experience of the regulatory
W
landscape in many African jurisdictions, we – Chambers & Partners, 2018
assist our clients get to market quickly while
avoiding many of the pitfalls of operating in
a new jurisdiction.
We advise on licensing requirements and
policy and market developments in this highly
regulated sector.
We also assist in a wide array of corporate mergers
and acquisitions and commercial agreements
which take into account technology, media and
telecommunications regulatory requirements.
These range from all forms of infrastructure
sharing arrangements, to fibre optic network
deployments (on an EPC, EPCM, BOT or simple
design build basis), to system integration, software
development, software or platform licensing,
IT services (in all forms including outsourcing)
to providing comprehensive advice on data
protection, compliance and data breach and
incident response.
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BOWMANS Technology, Media and Telecommunications
Our Specialist Services Our Signature Matters
Telecommunications Media We have acted for: legislation and regulation governing products
that utilise Near Field Communication (NFC),
Our close relationships with government We advise various media clients in the context • A multinational company regarding the Radio Frequency Identification (RFID) and
agencies and industry regulators are a of their commercial operations in South Africa deployment of satellite services across Africa. payment system technologies in Kenya.
significant factor in our ability to provide and with regard to their regulatory obligations. • City of Johannesburg in relation to the • ICASA in a review application by Cell C to
exceptional advice to our telecommunications We also regularly advise the regulator, ICASA. implementation of the SAP S4 HANA set aside call termination rates. This litigation
clients regarding the environments in which enterprise resource planning (ERP) solution, as arose out of the litigation brought by MTN
they operate. Technology an upgrade to the City’s existing SAP solution, and Vodacom following which ICASA made
to manage and integrate the City’s systems. new regulations setting cost controls. The
We have extensive experience advising on Our lawyers have a good understanding of the We drafted and negotiated the agreements team assisted ICASA to draft reasons for the
regulatory requirements, particularly in relation legal, business and technical considerations between the City and the relevant service new regulations and with its preparations
to licensing as well as compliance. We have also of technology matters as a result of serving provider in relation to implementation of the for the review application. The matter is
assisted our clients to respond to policy and technology companies in South Africa, elsewhere solution, as well as various related agreements. important because call termination rates are
market developments in the sector in Kenya, in Africa and in the United Kingdom over a • Capricorn Group entities (including Capricorn a key pro-competitive intervention,
South Africa, Tanzania and elsewhere in Africa. number of years. Group Holdings, Bank Windhoek, Bank particularly in the mobile space. Cell C’s
Gaborone, Cavmont Bank, and related withdrawal of its review application supports
In recent times, there has been a marked Our expertise covers software development entities) and ContinuitySA, in respect of a ICASA’s position that the regulations were
increase in deal activity in this sector across and systems integration, as well as hosting variety of information technology-related both lawful and procedurally fair.
Africa. In South Africa, this has included the and indirect distribution models such as reselling matters, including reviewing, amending and • IRESS Limited, Australian listed financial
conclusion of a number of black economic and white labelling. We offer tailored advice and providing comments in relation to various services technology company, in relation
empowerment transactions. always provide a holistic perspective on how to software licensing, cloud services, software to its acquisition of 100% of the shares in
mitigate risks inherent in particular circumstances. development and services agreements. South African financial services technology
We have acted for various clients in these • City of Johannesburg with drafting company I-Net BFA, which were held by
transactions and have wide-ranging expertise We have extensive experience in advising clients on of municipal by-laws on the installation Media 24, as well as acquisition of the
regarding the types of issues which may arise technology-related transactions to minimise clients’ of electronic communications facilities. intellectual property of I-Net BFA. We drafted
including ownership and control restrictions risk in relation to developing and commercialising • Eaton Towers Ltd on the financing of its the intellectual property assignment for the
and the implications for deal structure, proprietary solutions and implementing, licensing, acquisition of the tower assets/ infrastructure transaction and assisted in relation to the
financing and regulatory approvals. maintaining and supporting digital products and of Bharti Airtel by IFC and Standard Bank. due diligence conducted on I-Net BFA and
systems. The technologies involved range from The transaction was valued at over USD 100 its group, the intellectual property provisions
The liberalisation of the communications traditional software and enterprise resource million and involved six African countries and warranties included in the transaction
sector in South Africa has also resulted planning solutions, to highly bespoke systems and (Ghana, Kenya, Rwanda, Tanzania, Uganda documents, and the closing of the share sale.
in a number of new small and medium- software, to innovative solutions involving disruptive and Zambia) as well as India. • KnowRoaming Ltd, a Canadian company,
sized entrants as well as the incorporation technologies such as artificial intelligence and • Ericsson in relation to numerous network in drafting and negotiating an original
of local licensed entities by multinational blockchain technology. We regularly advise on construction and management projects in equipment manufacture agreement with TCL
telecommunications companies. cybersecurity, data protection, e-commerce, and various African countries, including the DRC, Communications (through its TCT Mobile
consumer protection matters. Rwanda and Swaziland. International Ltd entity and through the Alcatel
A major trend in the market at present • Facebook Inc. in setting up its first African and TCL brands) with a view to procuring the
is a move towards greater sharing of office in Johannesburg. It is envisaged that embedding of KnowRoaming’s software on
network infrastructure. We have been the South African office will serve businesses TCL Communication’s devices. KnowRoaming's
Our technology, media and
involved in a range of transactions to across the continent. software enables subscribers to roam on
give effect to sharing arrangements. telecommunications expertise • Google on general aspects of data protection foreign mobile networks and pay substantially
and privacy in Kenyan law and on the state of cheaper rates than traditional roaming services.
has been ranked in the top
band by Chambers & Partners
since 2008.
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BOWMANS Technology, Media and Telecommunications
• Link Africa in a precedent-setting case in • Orange on the disposal of all of its shares • TE Connectivity Ltd and Commscope Inc.
the High Court, Supreme Court of Appeal and shareholders’ loans, comprising 70% (Chinese walls) in connection with the
and Constitutional Court in an application of Telkom Kenya, to Jamhuri Holdings Ltd, South African portion of the disposal by
by the City of Tshwane regarding the need owned by Helios Investment Partners. TE Connectivity Ltd of its broadband network
to obtain permission from local government The Government of Kenya holds the solutions business unit to Commscope Inc.
for the installation of electronic remaining 30%. This transaction involved a restructuring of
communications facilities on municipal • Orange SA (formerly France Telecom) the TE entities in South Africa and the sale
property. Link Africa was successful in the on the disposal to Africell, of its majority of the South African broadband network
appeal to the Constitutional Court in 2015. shareholding (held by Atlas Services Belgium) solutions business unit to Commscope Inc.
• Liquid Telecoms in structuring and preparing in its Ugandan subsidiary, Orange Uganda Ltd. • The NLD Project undertaken by MTN,
a framework agreement for the sale and • SABMiller on the hiving out of the ABI Neotel and Vodacom, the largest fibre
maintenance of duct and fibre and the built Bottling division of SAB Pty Ltd into a roll-out in South African history.
to suit of fibre links. separate subsidiary, and more specifically, • Two independent tower companies on the
• Micro Focus regarding the licensing of its on the impact of this on all IT contracts. roll-out of passive infrastructure, licensing
software and the provision of support, Our work extended to drafting the transitional requirements and other necessary aviation,
maintenance and related services to a state- service agreements to ensure business building and environmental approvals.
owned entity in a transaction which is worth continuity post hive out.
hundreds of millions. • Satellite operators on radio frequency
• Mobile Telephone Networks Pty Ltd (MTN) spectrum licensing requirements and
in relation to its purchase from Multichoice liaising with ICASA and other regulators
South Africa Pty Ltd of 100% of the issued across Africa.
share capital in Smart Village Pty Ltd, • Standard Chartered Bank on data protection
a fibre-to-the-home infrastructure and in the context of transitional arrangements
services company. for data processing pursuant to the sale of
• MTN in the roll-out of its radio network an operational division, including the drafting
across South Africa and the integration of of appropriate contractual indemnities.
such new or upgraded sites into its existing • Swift Networks Ltd in connection with the
core network. acquisition of Direct-On-PC Ltd’s
• Naspers Group on data protection 4G wireless business. We advised on
and privacy issues relating to an online regulatory and compliance issues and
shopping website. assisted Swift Networks to obtain the
• National Treasury regarding all legal aspects necessary regulatory approvals from the
of the Integrated Financial Management Nigerian Communications Commission.
System Programme, a multi-billion rand • Tata Communications in respect of its
project to integrate all government systems. ZAR 7.5 billion disposal of Neotel to
Our involvement includes negotiating the Vodacom. Our work included advising on the
framework agreement for the licensing of application to ICASA for change of control of
the relevant solution and the attendance Neotel’s spectrum licences, proposed roaming
maintenance and support services. agreements and filing with the competition
• Oger Telecom in respect of its disposal authorities. It is one of the largest deals
of some of its shares in Cell C. to be undertaken in the South African
telecommunications sector to date. It was
also the first transaction undertaken under
the new regulatory rules.
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BOWMANS Technology, Media and Telecommunications
Accolades
CHAMBERS & PARTNERS IFLR1000 2020 THE LEGAL 500 EMEA
IFLR1000 FINANCIAL AND CORPORATE
2021 RANKED US IN RANKED US IN THE 2021 RANKED US IN
GUIDE 2020 THE FOLLOWING AREAS FOLLOWING AREAS THE FOLLOWING AREAS
Eighteen of our practices across five jurisdictions are ranked
(eight in the top tier) and 37 of our lawyers are recognised. BAND 1 TIER 1 TIER 1
KENYA KENYA KENYA
MERGERMARKET’S AFRICAN AND Banking & Finance Financial & Corporate Banking, Finance & Capital Markets
Corporate/ M&A Commercial, Corporate & M&A
MIDDLE EAST LEAGUE TABLES 2020 Employment
Mining
Employment
FinTech Legal SOUTH AFRICA Real Estate & Construction
Bowmans is identified as the top ranked legal firm Intellectual Property Capital Markets: Debt
by number of completed deals in 2020. Real Estate Capital Markets: Equity SOUTH AFRICA
Energy & Power Commercial, Corporate & M&A
SOUTH AFRICA M&A Competition
AFRICAN LEGAL AWARDS 2020 Capital Markets: Debt Employment
Capital Markets: Equity Projects & Infrastructure
UGANDA
Competition/ Antitrust Shipping & Transport
We won three practice awards at the African Legal Awards hosted by Financial & Corporate
Corporate Investigations
Legal Week and the Corporate Counsel Association of South Africa: Project Development
Corporate/ M&A TANZANIA
Competition Team of the Year, Energy and Natural Resources Team Employment Leading Firm
of the Year, and Transportation and Infrastructure Team of the Year. Environment TIER 2
IT & Telecommunications UGANDA
Projects & Energy KENYA Leading Firm
DEALMAKERS EAST AFRICA AWARDS 2020 Public Procurement Energy & Power
Shipping Infrastructure TIER 2
We were among DealMakers East Africa’s leading dealmakers for 2020, Tax
SOUTH AFRICA
placing first for number of M&A transactions worked on in East Africa, KENYA
TANZANIA Banking
with more than 26% market share, and having advised on the deal Infrastructure Dispute Resolution
General Business Law
named Deal of the Year. Mining Privatisation & Projects
UGANDA Oil & Gas
SOUTH AFRICA
General Business Law Project Finance
Banking & Finance
IFLR1000 AWARDS FOR SUB-SAHARAN Dispute Resolution
BAND 2 TANZANIA Investment Funds
AFRICA, 2020 Financial & Corporate Tax
AFRICA WIDE
Bowmans is confirmed as the top multi-jurisdictional M&A adviser in TMT OTHER NOTABLE
Africa at IFLR’s inaugural awards for Sub-Saharan Africa. We received
KENYA
10 awards across four jurisdictions including being named Tanzania MAURITIUS
Private Wealth Law
Firm of the Year, Uganda Firm of the Year, and being recognised as the Projects & Energy Financial & Corporate
overall M&A Team of the Year.
SOUTH AFRICA
Administrative & Public Law
Banking & Finance
DEALMAKERS SOUTH AFRICA AWARDS Dispute Resolution
FinTech
2020 Media & Broadcasting
Restructuring/ Insolvency
We were among DealMakers South Africa’s leading dealmakers for
2020, placing third for both transaction value and transaction volume in
the General Corporate Finance Category and fourth for both deal value
Recognised Recognised Recognised
and deal volume in the M&A Category.
71 Lawyers 37 Lawyers 66 Lawyers
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BOWMANS Technology, Media and Telecommunications
Key Contacts
DAVID MPANGA RICHARD HARNEY
Deputy Chairman Senior Partner, Kenya
Kampala, Uganda Nairobi, Kenya
T: +256 31 226 3757 T: +254 20 289 9000
E: david.mpanga@bowmanslaw.com E: richard.harney@bowmanslaw.com
CRAIG KENNEDY HEIDI TAYLOR
Head of Technology, Media and Telecommunications Partner
Johannesburg, South Africa Johannesburg, South Africa
T: +27 11 669 9349 T: +27 11 669 9529
E: craig.kennedy@bowmanslaw.com E: heidi.taylor@bowmanslaw.com
JOHN SYEKEI KATE BERETTA
Head of Intellectual Property East Africa Partner
Nairobi, Kenya Cape Town, South Africa
T: +254 20 289 9000 T: +27 21 480 7939
E: john.syekei@bowmanslaw.com E: kate.beretta@bowmanslaw.com
LIVIA DYER
Head of Technology, Media and Telecommunications
Johannesburg, South Africa
T: +27 11 669 9334 To view profiles of our lawyers,
E: livia.dyer@bowmanslaw.com please visit www.bowmanslaw.com
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Cape Town, South Africa
T: +27 21 480 7800
E: info-cpt@bowmanslaw.com
Dar es Salaam, Tanzania
T: +255 76 898 8640
E: info-tz@bowmanslaw.com
Durban, South Africa
T: +27 31 109 1150
E: info-dbn@bowmanslaw.com
Johannesburg, South Africa
T: +27 11 669 9000
E: info-jhb@bowmanslaw.com
Kampala, Uganda
T: +256 41 425 4540
E: info-ug@bowmanslaw.com
Lusaka, Zambia
T: +260 96 227 5329
E: info-zb@bowmanslaw.com
Moka, Mauritius
T: +230 52 98 01 00
E: info-ma@bowmanslaw.com
Nairobi, Kenya
T: +254 20 289 9000
E: info-ke@bowmanslaw.com
Follow us on Twitter:
@Bowmans_Law
www.bowmanslaw.com
Alliance Firms:
Aman Assefa & Associates Law Office, Addis Ababa, Ethiopia
T: +251 11 470 2868
E: info@aaclo.com
Udo Udoma & Belo-Osagie, Lagos, Nigeria
T: +234 1 2774920-2, +234 1 2719811-3
E: uubo@uubo.org
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