Role Specification: Head of Legal EC#
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1 The South African National Roads Agency SOC Limited (SANRAL) is an independent, statutory company registered in terms of the Companies Act. The South African government, represented by the Minister of Transport, is the sole shareholder and owner of SANRAL. The Agency has a distinct mandate to finance, improve, manage and maintain the national road network (the economic arteries of South Africa) and is committed to carrying out its mandate by protecting and preserving the environment through context-sensitive solutions. The South African national road network consists of km of roads. This network seamlessly connects major cities, towns and rural areas, supporting economic growth and social development and immensely contributing to job creation in the country. SANRAL adds value to all the developmental initiatives in the fields of transport, education, health, and development of communities. It revels in its role as partners in the development of all South African communities and sees this as closely aligned to our core function. SANRAL makes a significant contribution towards road safety by maintaining and improving our road environment, and by identifying and addressing road safety concerns. The organisation also aligns itself with local and international road safety authorities in order to learn and improve the safety of our road users. The organisation will continue to actively participate in communities across South Africa and support the development of South Africa s human capital through tertiary institutions and cooperative governance. 1
2 ROLE SPECIFICATION Head of Legal Position: Head of Legal Region: SANRAL - Head Office - Pretoria Employment: Permanent Reference: INTERNAL AND EXTERNAL ADVERT TO SUBJECT REPORTS TO SALARY OFFICE SANRAL Staff / Career Junction/ Recruitment Agency Head of Legal Chief Executive Officer Market-related SANRAL Head Office Val de Grace, Pretoria, Gauteng POSITION OBJECTIVE Reporting to the Chief Executive Officer, the Head of Legal will be responsible for working alongside the legal team to provide legal input/advice on all legal and compliance matters within SANRAL. The incumbent should be an admitted attorney or advocate with amongst others public and construction industry law as areas of specialty. The incumbent will develop and implement the vision and strategy for the Legal Department to ensure adequate legal and compliance support is provided to the organization. The Head of Legal will provide leadership to the legal and compliance department and legal and compliance leadership across SANRAL. 2
3 MINIMUM REQUIREMENTS: LLB/ BComLLB, admission as an Advocate 15 or more years experience within the public sector or a public law department of a firm of attorneys 7+ or more years management of a legal team experience A detailed understanding of the public sector An in-depth knowledge and understanding of a wide scope of legislation which includes but is not limited to the Preferential Procurement Policy Framework Act, the Public Finance Management Act, the South African National Roads Agency SOC Limited Act, National Treasury s Regulations, the Constitution of the Republic of South Africa and all other interrelated legislation Advanced skills in drafting and vetting contracts and service level agreements Experience in negotiations of agreements Experience in managing Compliance Valid code 8 driver s license (Must be willing to travel) KEY RESPONSIBILITIES: Devise and implement strong legal policies, procedures and systems across SANRAL in order to provide legal services in an efficient manner and ensure organization-wide awareness on compliance Undertake defence of SANRAL in litigation, arbitration and other dispute resolution matters Contribute in the development process of SANRAL s policies, procedures and controls at various levels through input of legal advice on relevant aspects Develop a contract and legal document management system Oversee the daily management of the legal function and provide accurate, timely and pragmatic legal advice to support the organization s objectives Set legal standards for documentation and agreements drafted or perused by the Legal Department Advise on and assist the Board and its sub-committees in a professional manner on a variety of legislative and compliance requests Advise on and assist with the management of all contracts and legal documentation within the organisation 3
4 Maintain expert knowledge on relevant legislative amendments, industry best practice and provision of proactive and holistic advice and solutions to relevant stakeholders Represent the Legal Department at meetings, providing support and guidance, paying particular attention to legal and compliance, and all relevant regulatory-related implications and present possible solutions Manage legal compliance in SANRAL s policies and procedures of the business Manage legal costs, litigation and legal advice for internal and external clients when external attorneys are utilised Negotiate settlement on legal matters Monitor, measure and report on any legal issues, opportunities and developments Manage legal requirements from all of SANRAL s regions Maintain ongoing communications with Executive Management and escalate legal and compliance concerns as and when they arise Proactively support Executive Management with embedding a good compliance culture throughout the SANRAL Implement a workable infrastructure to ensure conformity with compliance regulations Keep abreast of new legislation and regulatory changes and manage the team s response to these Keep the organization apprised of relevant legislative and policy developments and ensuring conformity with these Manage the compliance portfolio including SANRAL s Compliance Policy, compliance universe, compliance management plan, compliance risks, non-compliance database, compliance training schedule etc. Maintain and monitor Compliance register Cultivate and manage objective working relationships with a variety of stakeholders, to ensure that the organization is in a position to obtain expert opinion on specialist areas of Law Comply with governance in terms of legislative and audit requirements Identify and communicate current and anticipated legal and compliance issues Participate in the planning, preparation and delivery of compliance related training Draft and negotiate all types of contracts as well as advise senior and operational management Draft, update and review contracts and other legal documentation 4
5 PERSONAL ATTRIBUTES: Attention to detail Assertive and analytical Solid decision making capability Articulate with excellent verbal and written communication skills High level of accountability Excellent interpersonal, people management and leadership skills Excellent Legal research skills Strong values and integrity Collaborative working, negotiating and persuasive Ability to build and maintain relationships and networks both internally and externally Willingness to create a climate for optimal performance 5
6 ORGANISATIONAL STRUCTURE LEGAL CHIEF EXECUTIVE OFFICER HEAD OF LEGAL 6
7 Employment Reference Checks Employment reference checks are a requirement of SANRAL and forms part of the recruitment and selection process for all applicants on the shortlist for positions within SANRAL. In order for SANRAL to conduct these checks a consent form needs to be completed and signed by the applicant. By applying for the position, you give consent to the SANRAL to process all the documentation received from you, in order to validate your employability. Please note that this is a confidential document and is intended for internal use by SANRAL s Human resources cluster only. All applications received from SANRAL employees will be considered in conjunction with a concurrent search conducted by an Employment Agency on behalf of SANRAL. This advert will be circulated internally and only suitable candidate will be considered for the position. Relocation costs will be borne by the incumbent. Employment Equity Appointments will be made in accordance with SANRAL s Employment Equity plan. SANRAL reserves the right not to fill any vacancies. Closing date for applications: 22 December 2017 Please submit your CV to: Nomfanelo Baba: Head Office Recruitment Specialist baban@nra.co.za Tel Number: Fax Number: For Heidi Harper Corporate Services Executive ROLE SPEC APPROVED. 7
Role Specification: EC#
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