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Wanangwa Hara

Wanangwa Hara

Managing Partner

Wanangwa is the Managing Partner of the Firm. He delivers advisory, transactional and dispute settlement legal services to local and international clients on tax, commercial law, syndicated financing, energy, corporate, investments, contracts and property transactions. Wanangwa is known for clear and practical advice across a range of commercial and tax issues. 

On tax, Wanangwa’s technical specializations include corporate tax, reorganizations, international tax, tax for charitable organizations, INGOs, banking and finance taxation, payroll tax, investment incentives and customs duties. In managing clients’ tax and customs disputes, Wanangwa assists with the registration stage, audit stage, objections, appeals before the Malawi Revenue Authority, dispute settlement before the tax tribunal, High Court and Supreme Court.

Wanangwa has a Bachelor of Laws [Honours] degree by the University of Malawi, 2014. He is an MBA-Executive candidate at the University of Bolton.

Experience

Conducted an LDD on USD 12 500 000-00 carbon credits financing and transfer arrangement where a foreign company intended to finance the operations of a local entity in the renewables and sustainable energy sector in exchange for transferring the carbon credits generated by the local entity in its systems enterprise subsidized by the sale of carbon credits derived from emission reductions.

Advised a technology group in the financial services sector backed by British-Malawian investors on a project for establishment of a financial institution in Malawi and USD 100 000 000-00 investment.

Advised an international financial institution on provision of letters of credit on strategic imports with the Reserve Bank of Malawi. Conducting litigation triggered by defaults on letters of credit exceeding USD 2 000 000-00 involving nominated private companies.

Advised a top multinational sugar company on recoverability of sums of money GBP 542 202. 24 owed under novated contracts of supply of sugar with entities domiciled in Greece through arbitration before the Refined Sugar Association in London including the registration and enforcement of awards.


Supported the local team on various international finance facilities extended to local agricultural entities by a regional treaty bank as well as currency swaps.

Was part of the local consultant on class litigation before the England and Wales High Court in Josiya & 7262 others vs British American Tobacco Plc, Imperial Brands Plc & Ors [2021] EWHC 1743 where Malawian tobacco farmers, claim damages for unjust enrichment.

Lead advisor and litigation lawyer for a client Mitra Systems in the public procurement dispute involving the Reserve Bank of Malawi and the Review Committee of the Public Procurement Asset Disposal Committee and another firm regarding the procurement for the supply and delivery of ICT Hardware for Flexicube Upgrade and Hardware for Automated Transfer System (ATS) valued over MK2 billion.

Litigation lawyer and portfolio manager for FDH Bank PLC, FDH Holdings Ltd, First Discount House Ltd. Rendering dispute resolution to the bank’s matters in financial services, securities, employment, mergers and acquisitions, white-collar crime, and a broad spectrum of disputes from 2015 to date. Recently, defended a claim for the unlawful realization of security by some cotton ginners valued over 5 billion. Litigated and facilitated a compromise settlement in favor of the Bank.

Advised an international entity on the implementation of the WHO Framework Convention on Tobacco Control and the steps Malawi will have to carry out to adopt and domesticate the FCTC. Focus on taxation of tobacco products manufactured in Malawi or imported into Malawi.

In 2021, advised two company based in Norway, on registration and the regulatory requirements for setting up a company limited by guarantee and/or a foreign company in Malawi including the regulatory framework and operational requirements, Registration of an INGO and Congoma Registration.

Advised and conducted legal due diligence for a multinational company with presence in Europe, Middle East and Africa on hiring independent contractors, limits of using independent contractors and rights of independent contractors, misclassifications risks, the regulatory framework and strategies companies use to manage independent contractor compliance and choice of law provisions.

Provided a legal note to a client in UK that intended to provide an inventory or commodity finance facility to a United Arab Emirates entity for the sum of USD 5 000 000-00. The purpose of the facility was for the UAE entity to finance the inventory purchase of pulse, fertilizer and soya beans in Malawi. The facility would in turn be guaranteed by the Malawian entity and UAE Entity. The inventory would be collateral under the Personal Property Securities Act. Advised on formalities required to create the security instrument, registration and costs.

Provided a legal advisory note on the preparatory stages for an Egyptian multinational energy company that had signed a Memorandum of Intent with the Government of Malawi for investment in construction of 100 MW Solar PV Power Plant and construction of hydro power project. This included procedures and requirements for the establishment of an SPV and applicable procedures; types of land and procedures on land acquisition, review of project documents including the power purchase agreement etc review of financing documents, thin capitalization, sovereign guarantees, Reserve Bank of Malawi requirements, ESGs, tax structure, investment tree, investment certificate and incentives.

Represented an established INGO in Malawi on all processes related to deregistration, tax compliance, archiving and asset disposal, HR matters, redundancies, and reporting requirements.

Represented and advised an international Swiss company on the public procurement landscape and the public-private partnership regime in Malawi and on the implementation of the tax stamp regime in Malawi and the concept of direct negotiation.

Conducted a regulatory review for a mapping company in china for a car navigation system project and spatial map distribution services in Malawi.

Conducted an LDD for a company investing in an Indian company in the education sector with branches in Kenya, Zambia, Malawi, Uganda and Tanzania providing recommendations and corporate compliances, local filings, labour compliances, contracts, regulatory aspects of the business. And facilitating the procurement of consents and approvals of the transaction.