PURPOSE OF THE JOB

The purpose of the role is to assist the INSETA on all matters relating  legal compliance and contract management functions. Amongst others the role will be responsible for  ensuring the organisation’s  compliance to regulatory and legislative requirements as well as the  monitoring and reporting of identified  legal risks .

Key Performance Areas

Outputs

Legal advice and Opinions

30%

• Contribute to the successful implementation of the INSETA Excellence model
• Provide opinion, advice and interpretation of new legislation and regulations

Contract Management

10%

• Assist with the drafting, vetting, reviewing, negotiating and re-negotiating of legal agreements, including service level, intermediary and binder, outsource agreements and other legal documentation
• Conduct research and develop proposals on various strategic initiatives
• Act as an office of record in relation to legal matters
• Implement and effective contract management system
• Assist in the development and implementation a procedure for termination and/or ceding of contracts as and when required.

Compliance with statutory requirements

20%

• Respond to regulatory information request by ensuring consistency, accuracy and timeliness .
• Assist with the 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.
• Identify  training requirements relevant to the field of law and  present such training to INSETA business units, to ensure capacitation of staff on matters relevant to the execution of their work
• Assist in development of projects to comply with regulatory frameworks governing the work of INSETA

Organisational litigation

10%

• 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%

• Review specified Board presentations and advise if in conflict with legislation .
• 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
• Assist with the engagement of  external Attorneys and preparation of  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

10%

• 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%

• Assist with ensuring support of the Legal Manager in delivering prudent and proper management of Legal Advisory Services, in line with INSETA policies and Public Finance Management Act, 1999.
• Assist in Managing a departmental budget and monitor efficient use of resources

REQUIRED QUALIFICATIONS AND EXPERIENCE

Qualifications

Minimum Requirement:

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

Admitted attorney of the High Court of South Africa

Experience

A minimum of 5 years’ experience in a position providing Legal services (in Litigation, Contract Management and or in Regulatory Compliance Environment,2 of which  must have been in a regulatory environment.

2  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

• Knowledge at legal matters
• Interpretation and application of legislative prescripts
• Strong communication skills both verbal and written.
• Knowledge in 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