About

Number of years practice: 20+

Principal practice areas: Government regulation, TMT, global disputes and M&A

Languages spoken: French and English

What is the geographical focus of your practice in Africa?

Pan-African practice.

Please describe the most important matters you have worked on in the African market in the last two years, including your role and the significance of the matter (if any) to the development of business and law.

I have been assisting the respective authorities of Bénin in drafting their Digital Code, this includes new legal frameworks designed to aid the development of broadband infrastructure and digital economies. I have also been assisting the authorities of Togo in launching the privatisation of Togocom, as well as Djibouti Telecom’s top management in relation to the restructuring of the company. I have also provided assistance to the authorities of Djibouti in the drafting of a new cybersecurity law and the negotiation of a US$50m loan from the Agence Française de Développement for the construction of two international submarine cables.

We also assisted in the negotiation of the DARE project, an international fibre optic cable landing in Kenya, as well as Kolagana in Uganda, which is a start-up proposing internet access using the TV White Space technology in rural areas.

I benefit from close ties to Governments and TMT regulatory authorities in the Maghreb region, including with global strategy consulting firm Roland Berger in Algeria, where we have advised the Government of Algeria on the national digital strategy. In Morocco, I participated in the definition of the new 5-year strategy of the Moroccan Telecommunications Regulator, whilst in Tunisia, I’ve been assisting Ooredoo on regulatory and transactional matters dealing with the wholesale international traffic.

What differentiates your practice from that of other private practice lawyers?

Co-leading a Jones Day Africa practice comprising of 50 lawyers in Paris, Dubai, London and Washington DC dedicated to the African continent, and spending the majority of their time on the ground in more than 30 countries in Africa. I have the pleasure of working with lawyers who understand the cultural, political and legal nuances of doing business in Africa.

My practice is unique in having a dedicated TMT-focus in Africa and now duplicating the great success learned in the telecom sector over the last 20 years to other utilities such as water, transportation and energy. I regularly advise public entities and major telecommunications groups on issues related to broadcasting, distribution, digital and cybersecurity issues, and corporate law. Our team is also very active in renewable energies, off grid solutions, production and distribution of drinkable water, and various models of PPP.

I have advised more than 30 governments and regulators in Africa in the granting of licenses, the privatisation of operators, the opening up of the market to new players, and the restructuring and reforming of the worldwide legal and regulatory framework.

In addition to my numerous instructions in assisting governments and regulatory authorities in Africa, I also counsel private companies, telecommunications operators, investment funds, and financial institutions on financing, restructuring, and M&A. By way of example, I led a team in advising Orange on its 2016 acquisition of a minority stakeholder in Africa Internet Group (AIG), a leader in the e-commerce sector in Africa and the first e-company dedicated
to the African market (value above $US1bn).

The Orange deal reflects the emergence of the e-commerce sector in Africa, and will draw considerable attention from existing e-commerce actors and investors in the coming years.

My firm is at the forefront of OHADA law – and since November 2017, Jones Day has been advising the Organization for the Harmonization of Business Law in Africa, (OHADA), in reforming
its arbitration act and creating a mediation act.

Why has Africa been a particularly strong focus for you?

For many outside observers in Europe and elsewhere, Africa suffers from connotations of investor risk, underdevelopment and failed governments. Africa became a strong focus for me early in my legal career because I was curious and wanted to go deeper into better understanding Africa. I aimed for change by focusing on improving the rule of law, which would attract more business to Africa and thus further technological modernisation. Lawyers advising clients on Africa-related matters must be patient and willing to “roll-up their sleeves” without the expectation that everything will work like in London, Paris or New York.

In addition to being a good lawyer, you have to be a perceptive business adviser with humility, acute cultural awareness and emotional intelligence in case things do not go according to plan. I like the challenge of working in Africa and being part of an “Africa Rising” story, where I can advise on opportunities for Jones Day to serve existing and new clients with interests in Africa.

I have spent most of my career assisting African governments and newly private operators throughout the liberalisation of utilities sectors
in EMEA. In more than 20 African countries, I have been working almost continuously, involved in projects ranging from drafting the entire new legal framework applicable to foreign investment, telecoms, energy or PPP to assisting operators and investors with privatisations,
M&A transactions, and IPOs – this is what I enjoy doing!

What changes have you seen in the appetite for Africa-based ventures and investments over the last five years?

Technology business models across new verticals like e-commerce and distributed power generation have increased investor appetite in Africa, particularly if these Africa-based companies or joint ventures can deliver to a mass market of consumers within the continent. By way of example, the emergence of a growing digital economy in Africa has brought investors in tandem with legal challenges, and this is where my practice has seen a rise in drafting new regulatory codes across several African countries such as, Algeria, Burkina-Faso, Bénin, Chad, Djibouti, Morocco, Sénégal, Togo, and Tunisia, to name a few.

China’s level of investment in Africa has particularly grown in the last five years, especially in the key investor sectors of natural resources, telecommunications, port construction and transportation.

Are there any aspects of the African legal market that you would like to see change?

There is no such “Africa legal market”. Each sub region and country is as different as in Asia and Europe. The standard of the legal profession in Western Africa has already improved a lot.

In countries such as South Africa, Nigeria, Kenya and Morroco the legal market is still much more mature, [whereas] in Central Africa the best firms are still very much a “one man show”.

What megatrends do you think will shape the African market over the coming five years? How (if at all) will these trends affect your practice?

By way of megatrends over the coming five years, I believe that we will continue to see an increase in legal instructions from clients in growing Africa’s digital services and in the energy sector (in particular renewable off grid projects). We are working on new solutions to bridge the digital divide and make internet a success throughout the African continent.

Substantial investments have been made in international connectivity but the last mile, to bring connectivity to people’s homes and businesses, remains a challenge. The lack of electricity is both a major bottleneck for economic development and a chance as there is place for new models, low cost and environmental friendly.