General Manager: Legal and Regulatory Affairs at MTN

Mission/ Core purpose of the Job

The General Manager: Legal & Regulatory Affairs is responsible to provide Group Finco with a proactive and integrated legal and regulatory risk management strategy, serving as a point of contact and liaison with applicable regulators and enable standard operating procedures . Further the GM will be responsible to manage and support the business in crafting responses relating to legal & regulatory matter than will enable compliance with applicable regulations and standard operating procedures.

The role will oversee the management of legal services and regulatory concerns at Group Finco by, providing on-going legal and regulatory advice on various business issues, manage disputes and litigations, develop regulatory policies, legislative frameworks and manage future impact of new regulatory policies and legislation on Group Finco operations.

The role will support Finco Opcos to maintain effective relationships with relevant government departments, legislatures, regulatory bodies, and agencies to advance and protect Group Finco commercial interests, ensuring an enabling environment for Group Finco activities

Key Performance Areas: Core, essential responsibilities / outputs of the position (KPA's) 

Strategy Development and Implementation

• Provide input into Finco strategy in line with the overarching business goals, ensuring that Finco maintains and improves its leadership positioning
• Define the overall Legal & Regulatory Affairs strategy and business planning for the team
• Ensure the effective execution of the strategy by means of providing direction, structure, frameworks, models, plans and roadmaps, aligned to group strategy and frameworks, implementing to Opcos
• Drive the effective cascading of the overall business plan
• Execute the Legal & Regulatory Affairs strategy through the development of regulatory policies and legislative frameworks
• Provide input into the Business Plan and cascade this to Opco Legal& regulatory teams where applicable
• Drive product revenue and growth, operational excellent and customer satisfaction

Staff & Leadership Management

• Build and manage a high performing team by providing leadership, role clarity, training and career development
• Build and manage a high-performance team
• Continually develop a culture of strong collaboration and effective team working
• Ensure open communication channels with staff and implement change management interventions where necessary
• Provide definition of roles, responsibilities, individual goals and performance objectives for the team
• Set KPIs and provide regular performance feedback through a well-defined and implemented performance review program
• Develop and implement a training plan in order to build and develop skills within the team
• Encourage knowledge transfer through the implementation of a knowledge transfer plan and drive continuous improvement philosophy through the knowledge transfer plan
• Performance manage resources in accordance with HR policy and legislation where necessary
• Actively participate in leadership team and develop skills of own team
• Promote a ‘Finco centric’ and ‘partnership approach’ to develop strong relationships with other working groups and ensure adherence to Group governance

Operational Delivery

Functional Leadership:

• As the functional leader of the Legal & Regulatory Affairs vertical, the General Manager is accountable to:
• Establish, monitor and align the direction, strategy and results of the Legal & Regulatory Affairs vertical collectively and as individual work areas
• Lead and drive an integrated solution development and problem-solving philosophy within the function
• Monitor true-value metrics to measure the impact and benefit of the function to Group Finco
• Drive continuous improvement across the function

Delivery Leadership:

• As the delivery leader of the Legal & Regulatory Affairs , the General Manager is accountable for the following work area outcomes

Regulatory 

• In line with MTN Group guidelines, develop and implement a robust Regulatory Affairs strategy, policy and framework that are aligned with government and regulatory directives and that support overarching business goals
• Establish the strategic direction for the regulatory affairs function
• Provide strategic guidance, advice, and insight across Group Finco and its Opcos
• Manage affairs connected with protection, reputation, and enhancement of Group Finco’s interests amongst government regulators, stakeholders, and influencers. Represents the Group to external stakeholders and positions the business positively
• Establish and maintain strategic alliances with critical governmental organisations and regulatory institutions
• Maintain relationships with key stakeholders internally and externally to protect and enhance Group Finco interests and reputation
• Identify priorities and provide advice on communication implications for Group Finco business plans and actions to ensure government’s view and related factors are considered
• Manage and craft responses and plans with Business teams to enable compliance with applicable regulatory requirements
• Provide counsel, training, and interpretation of laws that relate to Finco products and services as well as corresponding policies and directives
• Oversee Finco products and services regulators, planning and executing successful regulatory agency engagements
• Lead the preparation, review, and completion of documents for regulatory submission
• Enable Group Finco compliance with regulatory reporting requirements by assessing the impact of all new government and regulatory changes on business activities and ensure all internal policies and processes align with all statutory regulations
• Provide input to Group Finco strategies to enable present and future compliance and mitigation of regulatory risk i.e., Material legislations, fines, and reporting requirements for various regulators (i.e., Banks and applicable regulatory bodies)
• Provide support through subject matter advice and crafting appropriate responses to regulators to enable the business to be compliant with regulatory requirements (E.g. Compliant with the license and Regulatory obligations that may be promulgated by local banks, financial institutions, and regulators from time to time)
• Provide legal support into Regulatory policies/regulations, legislative framework and future impact of new Regulatory policies and legislation
• Ensure effective implementation of strategy by means of providing direction, structure, framework, models, roadmaps, and support to local teams within operations
• Understand the impact of potential changes driven by the local regulators, industry, marketplace, and/or legal environment and report these back to leadership to ensure company alignment
• Monitor and track trends in the Fintech & Banking regulatory environment likely to impact Group Finco and ensure initiation of appropriate response. Critically analyse the impact of any new regulatory/policy changes
• Monitor, track and provide guidance on Investment & Brokerage related regulatory requirements and obligations
• Support the business teams in acquiring the required licenses for Trading & Brokerage accounts for Financial Asset classes & instruments
• Keep abreast of new regulatory changes and requirements in emerging technologies E.g. Crypto Currencies and Crypto Wallet
• Ensure monitoring and analysis of pending legislation and regulations that may impact the Group Finco operations, and alert leadership
• Monitor and inform the business on financial impacts of regulatory developments and trends while highlighting potential revenue generation/cost saving opportunities
• Monitor and provide updates on unfair or inconsistent regulatory practices by competitors to CEO and Group Regulatory Affairs leadership where applicable
• Ensure training to all staff on legislative requirements
• Actively participate in the lobbying of key stakeholders to shape and change policy and draft legislation
• Oversee the initiation and facilitation of Governance meetings to ensure relevant participation and provide direction and counsel to various discussions that will enable compliance to regulatory requirements
• Contribute to the development and governing company policies in line with the relevant local/ regional laws, legislation, and regulations
• Supervise production of monthly Regulatory requirements and Compliance reports for Management
• Establish and maintain a regulatory tracking management system for all regulatory mandates
• Manage inter-functional relations to ensure synergy across the various departmental functions

Legal

• In line with MTN group guidelines, develop and lead Group Finco legal strategy to promote and protect matters in line with Finco Group requirements and global best practice to ensure that the organisation is viable both internally and externally
• Oversee delivery of legal services and resources to accomplish Group Finco goals, strategies, and priorities
• Maintain Group Finco interactions with the relevant governmental bodies, legislatures, and the regulatory community
• Oversee the management of a team of corporate counsel and other members of the legal department
• Ensure the preparation of Legal and Regulatory annual work plans and budget and ensure the effective execution thereof for the achievement of business objectives
• Offer legal services advice and representation to advance and protect the commercial interests of Group Finco
• Provide leadership in managing disputes and litigations
• Ensure the building of capacity and capability to comply with legal and ethical standards, practice good corporate governance and effective leadership
• Create and maintain amicable working relationships with regulators and ensure sustainable stakeholder engagement
• Monitor and keep abreast with policy developments, bills, and new policies within the legislative/regulatory arena
• Prepare periodical and Group Finco reports on the performance of the function as required
• Oversee the delivery of legal services and resources to accomplish company goals, strategies, and priorities
• Provide advise on Privacy & Data Protection related agreement clauses and expected compliances & negotiating relevant agreements and clauses with relevant parties
• Oversee and manage the required legal documentation with regard to licensing, intellectual property and other related aspects of Products & Services legal documentation
• Support Group acquisitions and divestments and restructuring
• Provide legal support to the commercial legal teams in the Opcos
• Provide guidance in respect of adopting applicable legislation and enabling compliance
• Manage legal risk across the Group
• Formulate contractual framework for strategic projects
• Facilitate dispute resolution
• Formulate and support litigation strategy and Co-ordinate and supervise external counsel advice.
• Anticipate and manage the (legal) risks connected with or resulting from the business strategy and operations
• Oversee the drafting of contracts/agreements
• Advise Group Finco on commercial, contractual, and legal terms

Corporate Affairs & External Communication

• Lead and guide the Corporate Affairs for Group Finco
• Ensure collaboration with the regulatory & Public Policy team to strengthen Government & regulator relations
• Enhance the reputation of the organization business with political and media stakeholders
• Oversee and manage the engagement activity matrix and stakeholder mapping
• Lead and build relationships with key in country decisionmakers, key opinion formers and commentators
• Lead and drive collaboration with Government for policy making
• Represent the company and participate in key industry forums, conference and government trade bodies
• Provide guidance to Opcos with key in country organizations & government bodies for CSR activities
• Oversee global communications and Opco communication guidelines
• Review and oversee external communications and announcement to the press, investor community, select publications, organizations with feature requests etc.
• Liaise with internal clients, manage agents and communications agencies
• Liaise with media monitoring service providers for quarterly evaluation and coverage reports
• Work with the Marketing and key accounts to integrate PR campaigns with customer promotions
• Review and oversee the company website and content creation

Governance

Operational, Tactical and Strategic Meetings

• Hold strategic meetings, ensure relevant participation, and provide guidance and support in the various discussions
• Drive enterprise-wide transformation initiatives, elicit inputs from relevant parties
• Drive adequate risk mitigation and controls, and elicit inputs from relevant parties
• Sign off approval on new initiatives
• Provide relevant budget for internal projects
• Prepare proposal on change initiatives, SLA policies and procedures

Escalations

• Resolve and provide guidance to escalations that have impact on critical path of service delivery
• Resolve issues that will result in severe time, scope, productivity, and cost or resource or reputational impact

Tactical

• Review Legal & Regulatory related projects initiated (internal or global)
• Review and finalise objectives, targets, and budgets for the Legal & regulatory Affairs Function as applicable
• Review key risks, issues and dependencies and set mitigation actions
• Sign-off / provide guidance on decisions regarding tactical changes

Performance

• Define the standards and set targets for performance across the sub-division and identify the parameters for measurement of performance
• Monitor performance against business plans (i.e., business plan tracking) as well as alignment with MTN global strategy and industry best practices
• Identify opportunities for improvement, and provide the necessary support to respective teams to take the corrective action needed to drive performance against business targets
• Oversee business planning, forecasting, and reforecasting

Reporting

• Report on a periodic basis to Group Finco CEO relating to progress made within the function and in accordance with the measurement metrics set by the organisation
• Report on an ad hoc basis on specific projects, as required

Budgets

• Develop and manage the Legal & Regulatory Affairs budget in line with business objectives
• Develop and manage project initiative budgets in line with business objectives
• Ensure that the “cost of operations” is reduced, in line with a least cost operating strategy stemming from the business drivers
• Ensure delivery of revenue and growth targets

Managerial/Supervisory Responsibility

• Continually develop a culture of strong collaboration and effective team working
• Provide guidance and leadership ensuring future focus and current efficiency
• Coach and mentor direct reports to ensure staff motivation is high
• Ensure adequate succession planning & that succession plans are achieved
• Set KPIs and provide regular performance feedback through a well-defined and implemented performance review program
• Ensure the effective management of diversity among personnel in the division
• Identify staff training and development needs and implement necessary actions
• Manage team (including recruitment, on boarding, attrition)
• Recruit and build a world class Legal & Regulatory Affairs team
• Set goals and objectives for direct reports, monitor progress, and maintain motivation
• Set up appropriate structure to meet departmental management objectives

Job Requirements (Education, Experience and Competencies) 

Education:

• Minimum of 4-year tertiary degree in Law or related field
• Master of Law, Master’s in Business Administration, or Post Graduate Diploma is advantageous
• 10 years post admission experience as an Attorney or Advocate
• Relevant certification / accreditation / membership with professional body as required

Experience:

• Minimum of 10 years post qualification Commercial/Corporate Law experience in a large local law firm or an international law firm
• Legal and local regulatory experience in a multi country Global Brand
• 4-5 years of Senior Management Experience
• A minimum of 4 years’ experience in defining and executing legal and regulatory affairs strategies, policies, and frameworks in a scalable/large scale Financial Services and/or Consumer Finance multi-country environment
• Prior experience in Financial Services preferred, with experience in Banking & Mobile Money being an added advantage
• Considerable exposure and participation in negotiations and drafting of highly complex transactions documents (locally and internationally)
• Deep understanding of the Fintech & digital ecosystem, players, business models and industry related best practices
• Understanding emerging markets advantageous
• Worked across diverse cultures and geographies
• Pan Africa multi-cultural experience is advantageous
• Entrepreneurial spirit, self-driven and ability to motivate a fast-paced team
• Attitude of Innovation, inventiveness and thought leadership
• Abreast of global mind-set and best practice
• Willing and flexible to travel within Africa and Middle East
• English speaker. French, Portuguese, Zulu, Swahili, and other African languages a plus

Competencies:

Functional Knowledge:

• Economic, Consumer & Service Regulation
• Privacy & Information Regulation
• MFS & Fintech Regulation
• Technical Regulation
• Banking & Financial Services Regulation
• Government Relations & Stakeholder Management
• Regulatory & Public Policy Research & Impact Analysis
• Legislative Management & Monitoring
• Regulatory Risk Management
• Corporate & Commercia Law
• Litigation – General/ Class action / Investigation
• M&A Legal advisory
• Legal Due Diligence
• Negotiation & Deal review
• Legal Analysis
• Dispute Management
• Labor & Employment law
• IP law & Legislation
• Corporate Affairs Management
• ESG Reporting & Management
• External Communication
• Public & Media Relations
• Social Media Management
• Corporate Diplomacy
• Sustainability Management
• Digital Human Rights
• Reputation Monitoring & Management
• Events & Sponsorships

Skills

• Business Acumen
• Analytics and Interpretation
• Strategic Thinking
• Organizational Agility
• Digital mind-set
• Dealing with ambiguity and complexity
• Decision Making
• Conflict Management
• Negotiation
• Financial and Numerical
• Project Management
• People Management
• Executive Presentation