Gonjetso Dikiya
Partner
About me
Gonjetso is a Malawian-qualified legal practitioner and telecommunications law specialist with over five jam-packed years of experience in litigation work; telecommunications transactions and deals; commercial transactions; arbitration; regulatory and compliance work in telecommunications and company secretarial work. He has gained his experience working at Ritz Attorneys as a partner in Dispute Settlement Services and Head of the Telecommunications Law department.
Contact Details
Practice Areas
Gonjetso holds an LLM in Information and Communications Law from the University of Witwatersrand where he specialized in Access to Information and Privacy Law, Cyber law (information technology), Media law, and Intellectual property law. He also holds a Bachelor of laws from the University of Malawi.
Gonjetso is a partner at Ritz Attorneys at Law. In his role he has assisted numerous prominent stakeholders in the telecommunications space including Apple, Google, and SITA BV on a wide array of issues including regulatory compliance; provision of company secretarial services; and drafting of contracts. His main areas of interest and focus are data protection, arbitration, telecommunications transaction services, telecommunications mergers and acquisitions, spectrum access and use, authorizations and licensing, foreign ownership approvals, regulatory compliance, content provision, infrastructure deployment, and outsourcing of mobile network management.
Gonjetso is committed to continuous professional development. He has attained several certifications including a Certificate in Broadcasting and Digital Media Policy from the University of Witwatersrand, 2019; APMG Certified PPP Professional (CP3P) Preparation, APMG Certified PPP Professional (CP3P) Foundation, APMG, 2023; Commercial Loan Financing-An Overview of Different Products, University of Cape Town, 2022; and certificate in Effective Legal Writing, University of Cape Town, 2018. Gonjetso has also attended numerous trainings in the telecommunications, media and technology sector including the Regional Cyberdrill for Africa organized by International Telecommunications Union in conjunction with Malawi Communications Regulatory Authority.
Gonjetso has also significantly contributed to the legal and policy development of the telecommunications and media sector. He has voluntarily consulted for government agencies providing advice on innovative law and policy changes that can improve the telecommunications sector. He participated in consultations for the review of Data Protection Act in its formative stages. Further, Gonjetso has researched and disseminated legal and policy insights through publications and presentations at conferences to relevant bodies including Malawi Communications Regulatory Authority (MACRA). One of his written works was an award winning essay that earned him membership of the prestigious International Institute of Communication (IIC) under its Young Future Leaders Programme. He has also worked with the Media Institute of Southern Africa (MISA) whose goal is to promote and protect media independence in Malawi.
Portfolio
My Works
- Led the team that drafted and negotiated the Core banking system for NBS Bank Plc meant to integrate all the functions of the bank and payment systems.
- Offered general advisory services to Apple Inc on prospects of providing OTT Apple TV services in Malawi based on provisions of the Communications Act, international telecommunications licensing law and best practices.
- Offered advisory services to Google Inc on the regulation of light -based (laser) communications equipment operating in the range Google’s equipment operates in. The assignment considered the requirements that are necessary other than type certifications and labelling requirements. based on the Communications Act, international telecommunications licensing law, draft installation rules and best practices.
- Offered advisory services to Aisin Corporation Sales Car Navigation systems on the regulatory framework for car navigation systems and provision of encrypted car navigation systems in Malawi based on Communications Act, international telecommunications licensing law, The Electronic Transactions and Cyber Security Act and best practices.
- Drafted commercial contracts for Afrimax limited including infrastructure sharing contracts. Further he has been offering advisory services to Afrimax Limited on all its corporate matters including how the Communications Act impacts an intended merger/acquisition transaction of another internet service provider, tax liabilities and employment law-related concerns.
- Offered Company secretarial services to Afrimax Pay Limited and Afrimax Limited.
- Advising and assisting SITA to comply with Malawi Communications Regulatory Authority (MACRA) requirements on company transition and renewal of radiofrequency licenses approvals and company secretarial services. SITA is the world’s leading specialist in air transport communications and Information technology. SITA is currently serving over 200 countries in 60 different languages. and general company secretarial duties.
- Routine advisor on referrals from Google Inc with Bowmans Law Firm (Coulson Harney LLC) on TMT compliance in Malawi
- Reviewed, drafted, and advised on construction and financing contracts between Malawi Fertilizer Company and SR Nicholas Ltd (Contractor) and a project engineer on the construction of fertilizer loading terminal in Liwonde, Malawi valued USD 6,000,000.00 including associated novation contracts.
- Local counsel in a cross-currency swap transaction for USD 30,000,000-00 between the Reserve Bank of Malawi, an international bank based in London and a local commercial bank. The team’s role was to draft the swap agreement in line with standard International Swap Dealers Association terms whilst also providing for a local bank to act as an agent to hold and invest the local currency given by the Central Bank.
- Local Counsel for Trade and Development Bank (TDB) on a Finance Facility with a local entity. The scope of the assignment included advising TDB on documentation and an English Law Governed Facility Agreement, advising on regulatory issues relating to foreign exchange, advising on Industry specifications for the borrower, drafting of security documentation and performing security registration and perfection. The total commitment for the transaction was USD 75,000,000-00 and a Malawi capped commitment of USD 7,500,000-00.
- Local Counsel for TD in drafting a USD 10,000,000-00 export finance facility extended to a local agricultural outfit.
- Advised TDB on facilities restatement to a local tobacco export operation which is part of a multinational firm where local facilities were increased from USD 80,000,000-00 to USD 120,000,000-00 Advised on whether the increased commitment would require amendment of the security documentation and registration.
- Advised Shoprite with DLA Piper on sale and acquisition of owned landed properties and owned property assets of over USD4 million between Shoprite and a Mauritian entity. Advised on land acquisition, foreign ownership, exchange control regulations, tax considerations and other property related matters.
- Advised Raising Inc, a California-based non-profit public benefit corporation for Madonna operating as a tax-exempt public charity in the U.S. on a grant and financial support to the Mercy James Centre for Pediatric Surgery and Intensive Care at the Queen Elizabeth Central Hospital in Blantyre District, Malawi in form of a construction of a new two-story annex being added to the Centre. Reviewed and drafted the GCC and SCC of the construction contract.
- Provided a preliminary advisory note to Elsewedy on the construction of 100 MW Solar PV Power Plant and construction of Hydro power Project in Malawi.
- Advised an Australian mining company on the regulatory framework for mining licensing, Mining Development Agreements, fiscal incentives, and mining operations in Malawi in relation to acquisition of an existing mining company.
- Lead lawyer in groundbreaking appeal before the Malawian Apex Court, the Malawi Supreme Court of Appeal, on registration and enforcement of foreign arbitral awards in Malawi. The dispute is between the Cement Products Limited and Reliance Trading Co Fz.
- Lead lawyer in defending class actions against Illovo Sugar Malawi Plc concerning flooding claims occasioned by cyclones.
- Legal advisors and litigation lawyers for Centenary Bank Ltd (formerly Mybucks Banking Corporation Ltd). Assisting the bank on the debt collection portfolio and loan restructuring
- Legal advisors and litigation lawyers for FDH Bank Plc on debt collection, labour matters and recovery of securities.
Pro bono work
- Dimagi Inc on its responsibilities under Data Privacy laws in Malawi.
- Gonjetso advises a number of probono clients for the Legal Aid Bureau in Malawi and the Malawi Law Society.