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Simbarashe Madziwa

Simbarashe Madziwa

Legal Counsel and Contracts Specialist
Mississauga, Ontario

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About Simbarashe Madziwa:

Contracts and compliance specialist with expertise in contract reviewing, drafting, negotiation, performance monitoring, invoicing and dispute management built in renowned multinational corporations involved in international commercial transactions. Articulate professional with proven record of excellent contracts and risk management and commercial acumen. Fine interpersonal skills and good relationship management with customers, suppliers and partners. Determined, detail orientated  and dynamic, with additional experience as claims officer, company secretary, data privacy officer and compliance manager responsible for compliance audits, risk mapping and corrective action plan collaboration. 

 

Currently Legal Counsel – Contracts Specialist for Bridgestone EMIA office in South Africa, and working remotely while residing in the Greater Toronto Area, ON.

 

Graduated with a Master of Laws (LLM) International Commercial Law that included a study of Canadian common law of contract and international commercial transactions. Completed NCA exams in preparation of application for call to the Ontario bar.

 

Licensed and admitted attorney of the South African High Court in good standing with the Legal Professionals’ Council. Currently in the process of completing NCA exams for a call to the Ontario Bar. Expected completion in 2023.

Experience

Legal Counsel, Contract Specialist — Bridgestone EMIA(Remote)

Bridgestone Firestone - world’s biggest tire manufacturer and retailer, and leading mobility solutions innovator with an extensive contract register requiring high degree of accuracy, attention to detail and knowledge of contractual terms and law.

  • Drafting, review, improvement and negotiation of new contracts, amendments and renewals of contracts and tender in fast paced environment, including interpretation and analyses of contract requirements, tenders and contract documents for business;
  • Management and improvement of the contract lifecycle and process from mobilization to finalization, timely contract renewals, providing notice and timeous exercise of options;
  • Maintain accurate record of contracts execution, amendments and significant events, work releases, change orders, certificates of payment, correspondence, notice addressing performance of contractual obligations, and resolving issues in accordance with policy;
  • Support & facilitate communications with customers and vendors to negotiate contract terms and conditions, resolve claims and disputes, and work schedules;
  • Lead dispute resolution of critical contract issues including contractor performance, and adherence, ensuring compliance  with conditions by engaging internal legal representation and negotiating settlements, or enforcement of penalty clauses.
  • Monitor adherence to corporate policies and regulatory requirements and ensure compliance with applicable competition, intellectual property, privacy, antibribery and other laws and policies and maintain corporate integrity. Due diligence screening of suppliers;
  • Participate in relevant division strategic business planning and review sessions to stay aligned with priorities and objectives, in order to support operations improvement projects, like cost reduction, optimization, cost/benefit analyses.

 

Senior Legal Counsel & Contracts Administrator— Bollore Logistics, South Africa

Lead Counsel – Contracts Administration for the global top 10 logistics and supply chain company with fast paced contract requirements in transportation, IT software, and finance, and demanding compliance program.

  • Contracts – review, interpret, analyze, negotiate and draft an average of 50 contracts/agreements a month (at least 5 key account contracts). Maintain contract database and lifecycle processes and contribute to overall contract strategy to ensure terms are applied to reduce risk and protect business using Contracts Management System.
  • Capture required provisions in contract documentation, recommend changes and improvements, interpret and review contract documents, vendors’ submissions. Administration of project contractual matters including task plans, invoicing, changes amendments, contract performance and compliance, contractual insurance requirements, disputes and claims;
  • Administration of contract lifecycle tasks including timeous renewals and exercise of options, providing notices, claims and resolving inconsistencies, operational irregularities, and contract records including work releases, variations, certificates of payment, correspondence, notices;
  • Led successful compliance program including establishing quarterly risk analysis / risk mapping, action plans and process improvements, compliance committee, facilitating training and e-learning for antibribery, anti-money laundering (AML), transfer pricing, labor law and customs through strong cross functional collaboration;
  • Monitors status of contracts, report to management and business partners on such as pending changes, contingency usage, outstanding payments, disputes and critical matters in order to facilitate timely resolution and avoid risk of claims and disputes;
  • Excellent success rate is monitoring contractual performance, enforcement of penalty clauses, liquidated damages, and negotiation of resolution of claims.
  • Championed drive to compliance with new data privacy legislation (Protection of Personal Information Act), GDRP and best practice as data privacy officer.
  • Manage and mentor legal team for Southern Africa Cluster countries;

Education

Master of Laws (LLM) – University of Johannesburg

International Commercial Law study of the world’s major economies’ laws of electronic contracts, autonomous contracting systems, recognition and enforcement of foreign judgments, choice of law and dispute resolution forums. 

Completed a treatise on the modern relevance of the locus contractus (place of contract) as a factor for determining choice of law in common law systems, including Canada.

 

 

Bachelor of Laws (LLB) – Nelson Mandela University

Golden Key International Honor Society for Academic Excellence Member

Competition (anti-trust), Information Technology (IT), Intellectual Property and Tax laws.

 

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