Company Secretary and Legal Services Specialist at National Agricultural Marketing Council

Job Description

• The National Agricultural Marketing Council (NAMC) is a statutory body established in terms of the Marketing of Agricultural Products Act, 1996. The NAMC provides strategic advice to the Minister of Agriculture on the marketing of agricultural products and plays a critical role in supporting the agricultural sector through sound governance and financial stewardship. 
• The NAMC is seeking a Company Secretary and Legal Services Specialist to oversee and provide strategic direction with regards to Corporate Governance, Legal and Compliance Services to the Council, its Committees, NAMC Management and to the NAMC broadly.
• Oversee and approve the drafting, review and compilation of all legal documents/processes including legal opinions. Develop the Governance Unit Strategic Plan and oversee its implementation. Oversee the monitoring of legal risks and provides strategies to mitigate against legal risk within NAMC.
• To also ensure that the organisation adheres to good corporate governance principles and complies with relevant legislation and regulatory requirements.

Key Responsibilities:

Legal Services

• Oversee and provide strategic management of the provision of effective and efficient legal services and updates on new legislation relevant to NAMC.
• Oversee and provide direction on the external sourcing of legal services/legal opinion to ensure value for money.
• Ensure effective and efficient vetting of contract/MOAs.
• Oversee and approve the drafting of legal documents and processes.
• Oversee and provide direction on any litigation and resolution of legal dispute were applicable.
• Oversee and ensure that Department of Agriculture governance standard on PFMA is compiled and submitted quarterly to Department of Agriculture.
• Ensure that the administrative and contractual decisions of the NAMC are compliant with governing legislation and conduct awareness sessions on the impact of any new legislative requirements and related issues.
• Ensure that Council and the NAMC understand their duties and the scope of performing with the prescribed mandate.
• Provide a report on the status of all legal matters affecting the NAMC to Council and Committees on a quarterly basis or as and when required.

Company Secretary duties

• Provide guidance and corporate governance advisory to Council and Committee members pertaining to their fiduciary duties.
• Oversee preparation of agendas and meeting packs for Council and Committee meetings.
• Oversee and manage the quality of Council and Committee minutes, drafting of resolutions, and lodging of required forms.
• Follow up on actions/resolutions from Council and Committee meetings.
• Oversee policies, making sure they are kept up to date and referred to the appropriate committee(s) for approval.
• Maintain statutory books, including registers of Council members, Committees and managers.
• Deal with correspondence, collate information and write reports, ensuring decisions made are communicated to the relevant stakeholders.
• Contribute to meeting discussions as and when required, and advise Council members of the legal, governance, accounting and department implications of proposed policies.
• Raise matters that may warrant the attention of the Council.
• Attend to queries in relation to the Council and its Committees and related compliance issues.
• Deliver queries to the appropriate person(s) to resolve.
• Assist the Council Chairperson with the yearly evaluation of Council members.
• Develop and maintain an effective filing system

Governance, Compliance and Internal Control

• Oversee the development and the compilation of the Legal Risk Register.
• Present the Quarterly Legal Compliance Report/register Audit and Risk Committee (ARC) and Council.
• Oversee compliance with relevant legislation and NAMC Policy Framework. Oversee and ensure that compliance queries within the NAMC are evaluated, investigated and resolved.
• Oversee and provide direction on the induction and training of Council and Committee members and keep them abreast of corporate governance developments.
• Act as a liaison between the offices of the Chairperson of Council and that of the Chief Executive Officer.
• Provide advice on meeting processes procedures to Council and Council Committees.
• Make presentations where necessary on governance reports at the Council and Council committee meetings.
• Control and approve the communication between external stakeholders, Council Chairperson, Council and Committee members and Management Committee (MANCOM).

Reporting and Stakeholder Engagement

• Develop, and maintain sound working relationships with customers and stakeholders to the NAMC (internal and external).
• Manage  team relationships, sound partnership with Risk and Compliance.
• Encourage team and colleague communication throughout the NAMC.
• Ensure the NAMC is in compliance with legislative submission dates.

Key Competencies:

• Good understanding of legislations applicable to Public Service, policy formulation, contract drafting and management.
• Knowledge of the litigation processes within the agricultural sector, Labour Relations and sound Law interpretation skills. Knowledge of the SCM regulatory framework, PFMA and relevant National Treasury prescripts, PSA, corporate governance and regulations, Marketing of Agricultural Products Act, 1996 and Companies Act 71 of 2008.
• Public Service Anti-Corruption Strategy and anti-corruption and fraud prevention measures.
• Medium Term Strategic Framework (government priorities) and Estimates of National Expenditure (ENE).

Minimum Requirements:

• A relevant Bachelor’s Degree in Law, (LLB/LLM).
• 3-5 years’ experience in interpreting and advising on relevant legislation, directives, practices/ procedures and ensuring compliance.
• Admitted Attorney.
• Membership of the Law Society of South Africa (ISSA), the Institute of Company Secretaries of Southern Africa (ICSA) or relevant bodies will be an added advantage.
• Strategic thinking and analysis
• Oral and written communication
• Rule orientation
• Planning and organizing.
• Leadership.