Magagula Attorneys’ tax Practice provides high quality legal advice to corporate and individual clients on the legal and regulatory aspects of tax law. We work in all areas of domestic commercial taxation and advise on transactions spanning a wide range of industries. We assist our clients in the planning and proposal process, with negotiations and implementation, and defend the transaction or arrangement should SRA (Swaziland Revenue Authority) audit, litigation, or controversy arise.We also advise clients on tax implications of cross-border financing, transfer pricing, thin capitalization, structuring of mergers & acquisitions, partnerships and joint ventures. We advise and offer opinions on the VAT consequences of agreements, transactions and the optimisation of VAT recovery.
Our approach to corporate law is fresh and creative enough to meet the complex and modern needs of the corporate world. Magagula Attorneys has an enviable reputation as a provider of quality legal services across the full spectrum of corporate law, including; company law, contract law, insurance law, insolvency, business rescue, financial & debt restructuring, international business transactions, trade and investment law. We assist clients in the planning phase of business establishments and agreements. In this regard, we advise clients about the various commercial& legal implications of transactions such as; profit sharing agreements, partnership agreements, joint ventures, lease agreements, loan transactions and equity investments.
Since the establishment of the Financial Services Regulatory Authority (FSRA), investment companies, insurance companies and other businesses trading in the financial services field have been facing various compliance issues. Therefore, at Magagula Attorneys we offer legal advice in relation to all financial services and investment management. In this regard, we advise clients on aspects of Swaziland Regulatory work as it pertains to financial services and investment management, including advising on banking law, providing specialist advice on structured products such as derivatives and equity investments in the Swaziland Stock Exchange (SSX). We also advise clients on the regulatory and legal framework governing the financial services field.
Magagula Attorneys Financial Services & Investments practice offers advice on the establishment of collective investment schemes (both formal &tinhlangano), hedge funds and other structured funds, drafting and negotiating investment management and advisory agreements, and advising on custodial arrangements on the local exchanges. We also provide advice on the regulatory environment affecting private equity funds.Our practice also has a particular competence in dealing with the central bank of Swaziland (the regulator responsible for regulating financial services, including approving the operation of foreign domiciled investment funds in Swaziland).
Our competition law practice covers a wide range of services to our corporate clients. These include, merger notifications, cartel investigations, competition litigation, exemptions and compliance and regulatory advice. We assist our clients to comply with the relevant competition legislation, i.e.; Competition Act __of 2011 as well as other regulatory policies put in place by the Swaziland Competition Commission.
Magagula Attorneys advises on the spectrum of Swaziland and internationally developed standard form construction contracts as well as variety employer specific construction industry contracts and service contracts. Our construction contracts conform to the standards put in place by the Swaziland Construction Industry Council (CIC). At Magagula Attorneys we work closely with our strategic partners who are in the construction industry. These include consultants, quantity surveyors and auditors. Our association with these various partners enables us to efficiently safeguard interests of our clients during the drafting of construction contracts, by allowing industry specific expert to advise on the feasibility and practicality of each and every term or condition of the construction contract. In this way, we ensure that every contract that we draft not only makes legal sense, but also structural and financial sense. In this way unnecessary contractual disputes are averted from the outset.
Magagula Attorneys Aviation and Telecommunications practice offers in depth knowledge of the aviation and telecommunications sectors. Having served in the board of the Swaziland Civil Aviation Authority (SWACAA) for a period of 8 years, 5 of which as the chairman of the board; the firm’s managing partner possess industry specific expertise and experience. Our Managing partner also holds a Master’s degree in International Airspace and Telecommunications law from the University of Pretoria (UP), South Africa.
Since Swaziland is a member of the International Civil Aviation Organization (ICAO), the country is expected to comply with the international standards set by ICAO. Therefore, at Magagula Attorneys we offer legal advice on aspects of Swaziland Aviation Regulatory work as it pertains to the aviation aspects. We advise on ICAO International Civil Aviation Standards and Recommended Practices (SARPs), advice on policies in support of safe, efficient, secure, economically sustainable and environmentally responsible aviation sector.
The Telecommunications department also falls under the care of the capable Mr Magagula. It is important to note that our Mr. Magagula has served as the deputy chairman of the Board at the Swaziland Royal Science & Technology Park (RSTP), which harbours the country’s most significant innovation centre. To this end, our Mr. Magagula has an in-depth understanding of telecommunications law as a result of his direct involvement at the innovation park coupled with his master’s degree in telecommunications law. Telecommunications pertains the system of electronic communications and broadcasting the Kingdom of Swaziland. Telecommunications are transfer, emission, transmission or receiving of communications of signs, signals, written texts, images, sound, or communication of any kind through a conductor, radio waves, optic or other electromagnetic medium. Since the establishment of the Swaziland Communications Commission in 2013, regulation in the communications industry has increased significantly. Therefore at Magagula Attorneys we offer legal advice in relation to all compliance with the regulations put in place by the communications commission.
Our Intellectual property practice provides clients with a full range of legal services relating to acquisition and enforcement of intellectual property rights. Our intellectual property law practice covers copy rights, patents and trademarks. Copy right law protects the form of expression of ideas, not the ideas themselves. Economic rights from copy rights, allow the rights owner to derive financial reward from the use of his works by others; and that is what we seek to protect at Magagula Attorneys. We also provide services such as Trade-Mark registration, trade mark litigation (trade mark infringement & passing off). We advise clients about the suitability and strength of the mark, how to properly use your mark, potential legal refusals to register the mark and any other related issue. One of our leading clients in this field is DM KISCH, an international intellectual property firm.
• Civil litigation
• Debt collection
• labour law
• Divorce litigation
• Company Registration
• Trading licenses
• Work permits
• Immigration law