Mwaiwathu Majawa

19

Associate

Introduction

Mr. Mwaiwathu Majawa is an associate at Ritz Attorneys at Law and sits on the Practice Management Committee of the firm with a focus on marketing, business development and client recruitments.

Mr. Majawa was awarded a Bachelor of Laws Degree [LLB] with Honours by the University of Malawi in 2019 and was admitted into the Malawi Bar in the same year. He is a member of the Malawi Law Society.

Background

Mr Majawa’s work in the legal profession started long before he was awarded his Bachelor of Laws Degree. Whilst still at the University of Malawi, he took roles at the firms of Messrs Destone & Co under the supervision of Counsel Patrick Mpaka and further roles at Hanniford and Associates.

He also participated actively in legal clinical work including the legal aid clinic which dispensed legal advice and acted on behalf of people of limited financial means. He also participated in the Commercial Law and Environmental Law Clinics.

Most notably, Mr Majawa took on leadership roles at the Faculty of Law and acted as the Faculty Representative in the Executive Committee of the Students Law Society in 2017 to 2018. He also participated in international moot and mock trial competitions.

Post Admission Professional Experience

Upon Joining the firm, Mr Majawa thrust into the practice of Commercial Law, International Arbitration, administrative law and the defence of personal injury and employment claims for the firm’s clients.

Besides the general practice, Mr Majawa’s core focus area is in tax law. In that area, Mr Majawa is involved in contesting disputed claims for income tax, value added tax and customs duties. He advises on industrial incentive and rebate schemes and tax strategy including matters such as transfer pricing and the regulations around base erosion and profit shifting (BEPS). He has quickly come into his own as a Tax Lawyer with broad commercial law experience.

Practice Areas

Taxation

Income Tax [Corporate, Individual and Charities / NGOs], Transfer Pricing, BEPS and taxation of MNOs, Customs and Excise tax and procedure, Tax Dispute Resolution, Tax Advisory and Planning and, Tax Treaties and International Taxation, Recovery of tax debts from the state, tax appeals, and Tax Litigation.

Commercial and Business Law

International Commercial Arbitration, Employment, Companies Law, Contracts and Employment, International Trade, Trade Financing and International Investments, Anti – Money Laundering and Terrorist Financing, Debt Collection and Debt Restructuring,

Public Law

Administrative Law, Judicial Review, Public Procurement and Public Finance Management.

Criminal Law

Prosecution and Defense in Tax Crimes, Anti Money Laundering, Corrupt Practices Law, Serious Frauds and Organised Crime.

Recent Practice Highlights

Contested a claim against our client for income tax and unremitted VAT by the Malawi Revenue Authority. The MRA claimed a sum of MK 317,921,107.79 being income tax and VAT. Mr Majawa worked alongside a financial accountant partner to challenge the calculations and the rationales behind them and subsequently revised the figure to MK 36,684,775.98. Mr Majawa alongside Mr Lusungu Gondwe then entered into an amicable settlement with the Malawi Revenue Authority to have the outstanding taxes paid in instalments.

Advised a Swiss based International NGO that wanted to expand its operations in Malawi on general operational issues including employment law and taxation and special provisions applicable to NGOs and Charities under the Taxation Act and the Non-Governmental Organisations Act.

Mr Majawa was part of our team advising a major player in offset printing on strategy for changing the workforce due to reduced operational requirements and the tax implications on the employees to be made redundant and the company’s financial obligations under the employment law and relevant tax law.

Top Skills

Negotiation

Litigation Strategy

Advisory