PURPOSE OF THE JOB

The main purpose of the job is to provide professional legal and advisory services on behalf of the INSETA. This role is responsible for the review of legal and contractual risks and ensuring the efficient administration of legal-related matters.

Key Performance Areas

Outputs

Legal advice and Opinions

30%

• Contribute to the successful implementation of the INSETA Excellence model
• Keep abreast of issues, anticipate changes in demand/regulatory changes and effect timely interventions to address the changes, working with the appropriate Heads to introduce these into the service
•  Proactively and flexibly work with the other Legal Support Managers to improve the quality and efficiency of legal support services provided to the business, ensuring consistency of approach
• Take proactive steps together with divisions to mitigate any potential litigation matters that may impact the INSETA.
• Advice on remedial action on non-conformance to performance standards
•  Review legal instruments to ensure adequate protection of INSETA’s interest.
• Detect early warning of all risky and potentially litigious matters from divisions in order to provide timeous legal advice and avoid potential and unnecessary litigation.
• Provide well-researched and cogent advice to divisions regarding potentially litigious matters.
• Proactively manage external legal service providers by providing clear and well-informed instructions in pending litigation matters.
• Provide general legal support and advice to management and divisions to protect the reputation of the INSETA
• Ensure that all records relating to all matters are properly kept and archived when matters are closed.
• Manage and lead all projects and initiative within the legal advisory services unit
• Provide capacity building and facilitating information sessions pertaining to all legal matters.

Contract Management

10%

• Responsible for drafting, vetting, reviewing, negotiating and re-negotiating of legal agreements, including service level, intermediary and binder, outsource agreements and other legal documentation
• Research and develop proposals on various strategic initiatives
• Implement and effective contract management system
• Develop and implement a procedure for termination and/or ceding of contracts as and when required.

Compliance with statutory requirements

20%

• Develop overall corporate legal  policies and procedures.
• Review INSETA’s legislative objectives and mandate to assess the gaps among the legal frameworks.
•  Contribute substantively to the INSETA’s strategy, planning and reporting processes
• Consult with divisions and external legal counsel on litigation strategy when required.
• Coordinate internal stakeholders to prepare briefs and recommend litigation remedies.
• Provide opinion, advice and interpretation of new legislation and regulations

Organisational litigation

5%

• Provide written comments on litigation documents prepared by external legal counsel in order to ensure that the INSETA’ position in all litigation matters is fully and properly articulated and thereby protect the INSETA’ interest.
• Research and draft, legally sound, implementable and timely opinions as required by the INSETA to inform key decisions.
• Provide sound advise on litigation matters.

Governance and Reporting

10%

• Advise INSETA on governance and legal matters
• Advise on matters of Good Governance; the Companies Act and King IV
• Coordinate and manage the support to the CEO in respect of Board and external meetings
• Review service of the panel of attorneys on a monthly basis and establish guidelines for the usage of the panel
• Liaise with external Attorneys and prepare comprehensive briefs to counsel as and when required Develop, monitor and/or review Dispute Resolution Framework
• Prepare reports for presentation to relevant governance structures

Risk Management

5%

• Collaborate with the risk management in the review and maintenance of the INSETA Regulatory Universe and development of Compliance Risk Management Plans
• Development and implement action plans in response to the legal operational Risk Register
• Contribute to the overall management of Risk 

Financial support

10%

• Execute prudent and proper management of Legal Advisory Services in line with INSETA policies and Public Finance Management Act, 1999.
• Exercise proper implementation of financial management protocols within the business unit.
• Development a departmental budget and monitor efficient use of resources

People Management

10%

• Manage individual and team performance in line with set performance targets
• Mentor and coach staff within the  legal department where required and identify skills gaps and compile developmental plans for team with clearly defined career paths and job enrichment opportunities
• Implement HR policies and procedures to control/regulate workplace conflict and initiative corrective measures and consultation to address deviations from standards.

REQUIRED QUALIFICATIONS AND EXPERIENCE

Qualifications

Minimum Requirement:

Grade 12 or equivalent plus an LLB (NQF 8) qualification  Degree or equivalent

Admitted attorney of the High Court of South Africa

Experience

A minimum of 5 years’ experience in a management position providing Legal services (in Litigation, Contract Management and or in Regulatory Compliance Environment

3  years’  post admission experience (as admitted attorney of the High Court of South Africa)

Knowledge of Administrative, Civil, Criminal, Corporate and Contract Law

Knowledge of contract management

REQUIRED KNOWLEDGE AND SKILLS

Knowledge

• Knowledge of legislations governing SETAs
• Strong corporate legal background dealing with reviewing and drafting of all types of commercial agreements.
• Proven track record of providing relevant and appropriate legal counsel
• Proven track record in civil litigation, administrative law, labour law contracts drafting and vetting,  dispute resolution processes
• Experience in the implementation of efficient contract management processes
• Knowledge and working experience in the applications of the Public Financial Management Act (PFMA),National Treasury regulations and other relevant legislation and regulations that govern the Public Service
• Knowledge of current legislation, applicable to state owned entity particularly SETAs.
• Proven legislative drafting experience in the public sector
• Broader knowledge of the South African legislative landscape
• Understanding and interpretation of SETA landscape

Skills

• Expert knowledge at legal matters
• Interpretation and application of legislative prescripts
• Strong communication skills both verbal and written.
• Excellent drafting, analytical, and negotiation skills.
• Attention to detail
• Self-disciplined and able to adhere to strict timeframes
• Ability to prioritise workload in line with strict timeframes and optimise the use of resources
• Proven ability to find creative and innovative solutions to problems and to overcome potential challenges (quick thinker)
• Research and investigations skills
  Good Presentation skills
• Exercise a high level of confidentiality.
• Integrity and Professionalism