Article 16: Creating value through legal compliance- Perspectives of an in-house counsel

Written by Advocate Brownie Ebal

On 14th July, 2022 I attended a zoom panel discussion by The East African Law Society.

The zoom discussion highlighted the role of in- house counsel in ensuring that the organizations they represent are compliant with all relevant laws, regulations and government directions.

The various speakers emphasized that the legal arm of a company should focus on key important areas of corporate governance; Regulatory and legal compliance, policies management process, contracts management process and monitoring and reporting. The discussion emphasized that legal compliance is crucial as it allows organizations to continue doing business in a particular jurisdiction.

Key roles of in-house counsel in ensuring legal compliance

• Advise the board and management of an Organisation on legal compliance requirement, implications and time frame to compliance.

• Work closely with the compliance, internal audit and risk department of the organization to identify the compliance gaps and best ways to address them.

• Continuous engagement with the regulatory authorities for a broader understanding of the regulations for effective implementation.

• Engagement with peers in the industry on compliance common issues, challenges and other.

• Continuous training of the organizations’ employees on legal compliance requirements.

• Staying informed on the various regulations with which the company must comply and stay abreast of any changes.

Further discussions were held in regards to the practicality of legal compliance in Tanzania, Uganda, Kenya and Rwanda with case studies being analyzed.

Conclusion

It was agreed that legal compliance is important and it is a key reason why businesses keep running. In addition, legal compliance it is not a one-man job, but rather a collection of team effort from various people in the organization.

Finally, for an in house counsel to add value and be considered the organization’s voice of reason, alignment and continuous engagement with internal and external stakeholders is paramount.

An in-house lawyer should always stay abreast with the latest laws and jurisprudence so as to adequately advise the corporation on corporate governance and legal compliance issues.

An informed lawyer is an asset.