African GCs face challenges as regulations in countries change 'on a daily basis'
In-house lawyers gathered at the African Corporate Counsel Forum 2018 heard from industry leaders about the main challenges of the moment
September 07, 2018 at 06:17 AM
3 minute read
Constantly changing regulations within African countries are generating new challenges for general counsel working on the continent, according to in-house industry leaders gathered at Corporate Counsel Africa 2018.
The subject was one of many under discussion at the annual event, held this year at the Wanderers Club in Johannesburg.
During a panel session on 'Navigating a multi-jurisdictional climate in Africa', Sonal Sejpal, director at leading Kenyan law firm Anjarwalla & Khanna, commented: "Tanzania and Kenya are not that far apart and they are both common law; but their laws – even at the most basic level – are so different. There is no shortcut to getting advice locally."
She added that about 1,000 regulations or laws in Kenya alone have either been implemented, renewed or changed since the new constitution was brought into force in 2010.
When talking of the need to show respect to other countries when dealing with differences in regulation, however, General Electric Healthcare Africa GC Ayele Locoh-Donou, co-chair of the forum, said: "We have to be better communicators and make sure that we don't misrepresent the culture. I think it's important that when you're a multi-jurisdictional presence and you go to another country, that you respect (the people there) and show them that you're not from that country and so you do not know everything.
"Even if you are coming from a dominant economy like South Africa, Algeria or Nigeria, it's important that you realise that all people want to feel recognised in their own country. We have to make sure when we're doing law that we give that impression too."
BT Africa head of legal Bertrandt Delport summarised the need for general counsel to adapt to a new environment that demands not only legal acumen from its in-house team, but also a working knowledge of the business's needs.
He told the audience at the event: "There's a lot of grey between what the business and the legal team want. You don't win that battle in a day."
He was joined on the panel by General Electric Healthcare Africa GC Ayele Locoh-Donou, HSBC Africa GC Henk Crouse and Jeannine Naude-Viljoen, GC of Transunion Africa.
Almost 120 lawyers gathered for the seventh annual forum, held by Legal Week this September, which also featured a panel discussion on debunking artificial intelligence myths and a breakout session on nurturing employee engagement and potential.
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