Mawande Maqungo – GC Powerlist
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South Africa 2024

Information technology

Mawande Maqungo

General counsel | Datatec

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South Africa 2024

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Mawande Maqungo

General counsel | Datatec

What are the most significant cases and transactions that your legal team has recently been involved in?

I have been involved in numerous cases and transactions, some of the most important ones being: acting as advisor to Datatec in the sale of Analysys Mason, a global leader in telecoms, media, and technology management consulting, to a UK-based private equity firm; acting as advisor to Datatec in the acquisition of a majority stake in Mason Advisory Limited, a UK based digital and technology consultancy; representing Westcon-Comstor in the acquisition of a London-based Amazon Web Services advanced consulting partner and solutions provider; representing Logicalis South Africa (LSA) in a B-BBBEE transaction with a private equity fund, which acquired an interest of 40% in LSA.

How do you see the general counsel role evolving in South Africa over the next five-ten years?

The role of the general counsel has been reshaped over the past few years and will continue to do so. The future general counsel should have the ability to adapt to the ever-changing legal landscape, but also be curious to constantly learn and develop beyond their legal knowledge. The role will require a certain skillset that is far more than legal; a strategic partner who has sound business fundamentals, good grasp of technology tools and ESG-related issues.

The general counsel role will evolve such that the ability to leverage technological tools will become increasingly important for the successful general counsel. The ability to understand and interpret data will be critical to the role of a general counsel.

As a result of the diverse mix of skills, the general counsel will become increasingly important in strategy sessions. In this regard, the general counsel can be expected to become more integrated into the business, which means they should be able to communicate and collaborate with different disciplines across the business.

Looking forward, what technological advancements do you feel will impact the role of in-house legal teams in the future the most? Which have you found most useful in your legal team?

The technological advancement that is receiving the most attention in the legal space is machine learning and artificial intelligence (AI). This will likely have the largest impact on the role of in-house legal teams going forward. From automating mundane tasks to generating novel solutions, these advances can empower legal teams. AI has been in use already for a number of legal tasks, particularly in law firms. In-house teams are only beginning to embrace AI.

There are increasing regulatory requirements from all parts of the business, particularly ESG. Being in a corporate that is in more than 50 countries, the in-house team has embraced AI from managing the regulatory landscape in which we operate. We are using tools that require certain information to be inputted that assist in monitoring and assessing the regulatory environment in a certain geography. The information from the tool is then analysed for compliance and tracked. We are still in the infancy stages and looking to enhance the use of such AI tools.

How do you suggest in-house lawyers build strong relationships with business partners?

The value attributed by the business partners to the legal department is a lot about perception. If the legal department is seen just as a cost centre, then its significance to the rest of the business becomes more challenging. In my role, aim to bringing the legal department closer to the business in order to change the perceptions so that the legal department is seen as an enabler. Encourage a team of problem solvers with different expertise rather than a segregation of departments.

Know your business and clients. Understanding the business better allows the in-house lawyer to be able to implement creative solutions that are unique to the business. This is beneficial to the business and clients, as it could lead to savings.

Decisive decision making. The ability to make sound and decisive decisions is important.

Provide solutions. Do not provide legal roadblocks when new ideas are discussed. Instead, provide practical advice suitable for the business partners and their risk appetite.

Manage conflicting interests within the business. Be good at understanding and managing political conflicts within their organisation.

Gain trust. You must be trusted by the business partners.

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