THE MAWALLA WAY

The mawalla wayheritage - growth - protection2

With our roots firmly anchored in tradition,our branches reach towards the sun.

Two trees planted together cannot avoidbrushing against each other.

No.1‘nekewalawala’…sharing his knowledgeand wealth with many

IntroductionIn every tree, a monkey. Under every rock, a spider.Indeed, making your way in Africa is allabout choosing The Right Guide.Distinguished, pioneering and proudly indigenous, Mawalla Advocatesis rooted on the fertile and gentle slopes of Mount Kilimanjaro in theUnited Republic of Tanzania.The name Mawalla is derived from the Chagga word ‘nekewalawala’,and means ‘those who come from the one who shares his knowledgeand wealth with many’.The name was first bestowed on a left-handed warrior from Rombo (a principality on the western sideof Kilimanjaro) known as Sawaya, grandfather to Juma Reginald Sawaya Mawalla and great grandfatherto Nyaga Paul Mawalla, both of whom have bravely and tirelessly crafted the legacy of the firm to this day.It is a legacy based on three unshakeable pillars.One, a unique distillation of several generations of invaluable experience gained navigating the intricaciesof Tanzania’s three legal systems.Two, our mission to use this unique ability to manage the wealth of those who have, and to unlock valuefor those who don’t, creating wealth and improving the plight of all.The third pillar is the Mawalla Way, the honour code according to which we approach this task, comprisingthe rich values passed from one generation to the next.And so we help shape the future of this great land, just as the hands of those who came before us helpedshape the past.3

No.2With our roots firmlyanchored in tradition,our branches reachtowards the sun.

Chapter 1Giant silk cotton trees growout of very tiny seeds.In Africa, the tradition of paying tribute to one’s ancestors serves anend in itself; it’s an assurance of continued prosperity and good fortunefor those who follow. But this story also tells of a proud legacy of power,influence and wealth creation.In 1850, Sawaya – the aforementioned left-handed warrior – was foundto be conspiring to overthrow the Chief of the Kilimanjaro principalityof Rombo. Fearing for his life, he gathered his wives, children and cattleand fled east, to where the trading town of Moshi now stands.Once at a safe distance – and while seeking rights to traverse Marangu Land – he met Chief Marealle theFirst. The Chief immediately recognised in Sawaya a shrewd negotiator, and invited him to settle on his lands.As the family prospered, so their reputation as kingmakers and skilled negotiators grew. After the demise ofSawaya, his firstborn – also Sawaya Mawalla – became an elder of the tribe, a trusted advisor to Chief Marealleand husband to one of his daughters. Not a decision was taken nor a dispute entered into without the wilySawaya Mawalla at the chief’s side.From diplomatic relations with visiting Arab and European traders, to the orchestration of regional warsin Moshi and Kirua, Sawaya Mawalla – a wealthy and influential landowner holding sway over some 100 squarekilometres of family land – was always in the thick of things.When his son, Juma Reginald Sawaya Mawalla, was born in 1934, travel and a superior education weredeemed necessary to continue this tradition of excellence.5

No.3Juma R. S. Mawalla- Founder of Mawalla Advocates -

And so – after attending Old Moshi Secondary School and Tabora Upper Secondary School, and receiving thehighest honour for bravery in the Boy Scouts from the Queen of England – Juma R. S. Mawalla left for India.Under the watchful eye of Mrs. Indira Ghandi (later Prime Minister of India), he received a degreein Economics. Then to the University of London where he obtained a Degree of Bachelor of Laws. Back inTanzania (then still named Tanganyika), he became one of the first Tanganyikans ever to be made a Barrister.In 1960, while Julius Nyerere was still fighting for independence, Juma R S Mawalla decided to start his ownlaw firm. Kibo Chambers was duly registered and a Certificate of Admission granted by Her Majesty’s HighCourt of Tanganyika. Advocate Juma R S Mawalla soon became a feared lawyer, a respected negotiator, and hisfirm the most prestigious in the country.A full life and a distinguished career included a long tenure as a director of East African Airways,representation on the East African University Council in Nairobi, establishment of the country’s firstLegal Aid Clinic, membership of the International Commission of Jurists (ICJ) in 1982 (comprising just40 members from around the world), membership of The Pan African Union of Lawyers, The African BarAssociation and the prestigious World Peace through Law Centre.It was at about this time that his son Nyaga Paul Mawalla was born. He first attended Arusha InternationalSchool, and then IIboru Special Secondary School, settling for nothing less than academic excellence.Torn between entering the priesthood and enrolling for a degree in Mechanical Engineering at Harvard,Yale or the Massachusetts Institute of Technology, Nyaga P Mawalla opted instead for a Law Degree at theUniversity of Dar Es Salaam, which he completed with honours in 1998, leaving behind guides to the studyof law still used in that university to this day. Naturally, it wasn’t long before Nyaga P Mawalla became theyoungest advocate in Tanzania.Under the guidance of Juma R S Mawalla, Nyaga P Mawalla gained deep experience in all areas of thelaw and business.In 2003, while looking for a new location for the renamed – and fast-growing – Mawalla Advocates,he acquired a semi-urban site in the outlying suburb of Moivaro Arusha, Northern Tanzania’s maineconomic centre.The fact that the reasonable price of the land was directly attributable to the lack of access in no waydissuaded the young pioneer. He purchased land from each of his neighbours – a metre or two at a time –and tarred a road to his new front door.7

No.4Nyaga Paul Mawalla- Pioneer -

Mawalla Advocates quickly became prominent as a dynamic, fast growing law firm following this visionarymove to Arusha. Nyaga P Mawalla identified exceptional talent and assembled a team of motivated lawyersoffering specialised skills in the disciplines of corporate, wildlife and land law.Deciding that its future is not in being all things to all men, the strategic decision was taken to concentrateMawalla Advocate’s focus on corporate governance, wildlife law, real estate, wealth structuring andmanagement. Affiliate companies Mawalla Holdings Limited (formerly known as NPM Holdings limited)and Mawalla Trust Limited were incorporated to supplement the Mawalla group’s core service offerings.As the firm’s business grew, its supporting infrastructure needed to expand. In 2006 the firm moved again,this time to a private estate in Arusha’s Burka suburb, now Mawalla Heritage Park.Inspired as much by a talent for wealth creation as a need for office space, Mawalla Heritage Park now housesthe Mawalla Law Offices (including Mawalla Advocates and Mawalla Trust Limited), the Mawalla CorporateCentre (including Mawalla Corporate Services, Mawalla Financial Services and Mawalla Holdings), as wellas a private restaurant and eight stand-alone residential units.Known as much for breaking new ground, building roads and planting trees (leading to the formation ofPlant-a-Tree Limited), Nyaga P Mawalla has harnessed the legendary acumen of the Mawalla bloodlineand honed it through education and experience, to ensure that he enriches any project to which he turnshis hand.9

No.5‘Msongoru’ is the Chagga word for lawyer.It means ‘the person who walks in front’

Chapter 02If you refuse to be made straight when you are green,you will not be made straight when you are dry.‘Msongoru’ is the Chagga word for lawyer. It means ‘the person whowalks in front’. Describing a guide, a sage, a trusted advisor, this definitionis at the heart of an honour code which channels our endeavoursin a way that is both ethical and practical, both spiritual and functional,mindful of both our past and our future. We call it The Mawalla Way.Be forthright from the first; accurately identify those clients you can help and those you cannot, so not towaste their time or ours.Be efficient with your energy; achieve optimal results for our chosen clients in the safest, quickest and mosteconomical way.Be realistic; bring to bear elements of legal and financial literacy (the ability to create and manage wealth) insuch a way that our clients’ investments and business ideals are protected with diligence, care and excellence,without unnecessary complexity or gratuitous recourse to protracted and costly litigation.Leave no stone unturned; be tenacious – whether in support of a client, in defence of the courts or inthe promotion of fairness, impartiality and integrity.Be an example to all; embody the highest standards of reasoning, courtesy, independence and confidentiality.Be nobody’s darling; stand alone for as long as it takes, risking popularity and favour, in a quest to do whatmust be done and say what must be said.11

No.6Mastery of three law systems- Islamic Law, Customary Law, English common law -

Chapter 03It is foolhardy to climb two trees at oncejust because one has two feet.Understanding the complexity of one legal system is hard enough.Understanding Three Systems of Law as they apply within one countryis near impossible.Tanzania’s legal system combines Islamic law, customary law anda legacy of English common law, and requires a unique blend of skillsand mastery of a dazzling array of precedents.In themselves, the Judicature and Application of Laws Act and the Mode of Life Test (that together determinewhich legal system will apply and when) often prove to be beyond the grasp of all but the most astutelegal minds.13

No.7Giving business a raisedplatform for flight

Chapter 04The prosperity of thetrees is the well being of the birds.Over the years, the pursuit of legally based yet business oriented solutionsto the complicated issues facing business set-ups in Tanzania hasled Mawalla Advocates to specialise in solutions ranging from real estatedevelopment, asset and property acquisition, to statutory compliance,corporate governance, investment and project financing. But it has alsopropelled us into the forefront of change, demanding that we blaze a trailas A Pioneering Force within our profession.The firm set up Tanzania’s first Legal Aid Clinic in the early 1980s to offer legal knowledge and accessto justice for the less fortunate.Our Conveyancing Division has handled over 50% of major conveyancing and merger & acquisitiontransactions in the Arusha and Kilimanjaro regions.Pioneered many aspects of Tanzania’s landed property law, including the creation of models for easementsto otherwise inaccessible land, planning highest and best use models for land use, zoning for land useand land rent purposes, subdividing to enhance the value of land, creation of titles for clients to havebankable documents, drawing up restrictive covenants for estates and enabling properly planned suburbs andsatellite towns.We set up the first, fully licensed Trust Division in Tanzania. This trust currently holds funds, equity and interestsexceeding USD 5,000,000 in trust for its clients.Mawalla Advocates was the first firm to form a dedicated Corporate Services Division offering a full rangeof corporate management solutions to clients, including a comprehensive data and record keeping systemfor proper corporate governance and a landed property management system for managing company assets.Corporate Services currently manages over 100 companies.15

No.8Creating stars for others to navigate theirway in the world of business

We pioneered the establishment of a Financial Services Division to offer various financial services to Mawallagroup clients. Financial Services advises and provides financial services to clients to ensure they comply withTanzania’s Income Tax Act [No. 11 of 2004].We pioneered models to enable hunting companies to consolidate for efficiency.We were the first firm to set up a fund to conduct community conservation and block developmentin terms of Tanzania’s Hunting Regulations of 2000 (as amended).We pioneered Tanzania’s first Private Public Partnership (PPP) in wildlife management areas by facilitatingand negotiating investment agreements, as well as creating models of how Wildlife Management Areas shouldbe valued and how proceeds should be derived and distributed.We were Tanzania’s first training-orientated law firm offering clear training guidelines, a value systemfor interns and office and accommodation facilities of a high standard.The Mawalla group presently comprises 20 lawyers specialising in various disciplines, supported by70 employees, all of whom are instructed and expected to conduct their relationships with clients and eachother in terms of The Mawalla Way.17

No.9Providing our clients with all the business channels- under one canopy -

Chapter 05The elephant eats frommany trees.Effective protection of wealth demands proficiency in a number of keyWealth Creation and Management Services. Each one of these specialisedservices stems from our time-honoured ability to craft solutions thatare legally based but with a powerful business-friendly orientation. Eachhas been honed by our founding fathers and their associates over generations,and each is dedicated to one singleminded mission: to managethe wealth of those who have it, and to unlock value for those who don’t,thereby improving the plight of all.Real Estate ServicesWith a long and proud history of ground-breaking projects, including the development of virgin land, theMawalla Group has long been at the forefront of implementing real estate legislation. The Group has considerableexperience in planning and zoning land, and advising on real estate finance, real estate investment, realestate investment trusts, real estate litigation, real estate private equity, real estate securitisations and realestate tax.Trust and Management ServicesAs a long-standing family business, ensuring that a legacy passes safely from one generation to the nextis always close to the hearts of the Mawalla people. The Mawalla Group has pioneered the formation of thefirst duly licensed trust company dedicated to establishing and managing trusts, advising on asset protectionschemes, preparing wills and administering deceased persons’ estates, acting as attorneys, providing independenttrustees and corporate trustee services, setting up charitable trusts and companies, and providingcustodial or nominee management services19

No.10Mawalla a place for all to learn, grow,protect and create wealth

Corporate ServicesThe skills developed in building, managing and maintaining Mawalla’s own diversified group of companiesare successfully applied on behalf of other corporations. These competencies extend to performing complexmergers and acquisitions, overseeing private equity and private equity funds, and advising on all aspects ofcorporate management and governance.Asset Management ServicesThe Mawalla Group has learned from its many clients that the only aspect of wealth more challengingthan creating it, is the ability to keep it. As a result, Mawalla Asset Management’s skills extend to all mannerof wealth and asset management, including asset management outsourcing.In summary, the Mawalla Group’s Wealth Creation and Management divisions expertly consult, invest andmanage wealth and assets for our clients, always in accordance with The Mawalla Way.21

This tree and that, under which one will you sit?Here and there a road, which one will you follow?-African Riddle Proverb

Mawalla Road Mawalla Heritage Park Plot No. 175/20 Mawalla Law Offices Arusha Tanzania P. O. Box 6101Telephone: +255 754 282 038 Telephone/Facsimile: +255 732 972 468 Electronic mail: law.reception@mawalla.co.tzWebsite: www.mawalla.co.tz1