General Manager: Litigation at MTN

Mission/ Core purpose of the Job

• The General Manager: Group Legal (Litigation) is responsible for managing all aspects of litigation and disputes, involving the MTN Group (including all forms of dispute resolution, and civil and criminal proceedings). This includes ensuring proper legal risk management and mitigation and providing oversight, guidance, support and advice to operating units and stakeholders on all litigation and disputes involving MTN, across the MTN Group. 

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

• The General Manager: Group Legal (Litigation) will be accountable to achieve amongst others the following key objectives:
• Provide leadership, management and direction on all litigation* related matters across the MTN Group (including all forms of dispute resolution, civil and criminal proceedings, insolvency litigation, tax litigation and intellectual property litigation, to name a few);
• Formulate and implement litigation strategy, policies, guidelines and oversight across all operations, including monitoring compliance by operations;
• Provide legal opinions and legal advice and support to the Group and operations on all litigation matters, including the provision of guidance and professional advice on all litigation matters;
• Support all transactions concluded by the MTN Group, to the extent that advice and input is required in relation to matters relevant to litigation, liability and risk arising from or relevant to such transactions;
• Development of standard templates, clauses and playbooks for contractual arrangements, to the extent applicable to litigation and disputes (for example, liability, indemnity, dispute resolution, and penalty clauses);
• Manage all litigation matters  and associated documentation, including review of and drafting of letters of demand and replies,  pleadings, settlement agreements, submissions for reviews, appeals etc;  
• Research of legal developments and amendments to applicable laws and regulations;
• Facilitate dispute resolution and settlement processes, including leading or participating in negotiation meetings with internal and external stakeholders, and drafting and negotiation of settlement agreements;
• Provide legal support to the legal teams in operating units;
• Provide guidance in respect of compliance with applicable legislation and general jurisprudence;
• Manage litigation risk across the Group;
• Engage and consult with management, Counsel, attorneys, relevant stakeholders and witnesses where required;
• Co-ordinate and supervise outside counsel, external briefs and pending litigation matters;
• Providing training to personnel across the MTN Group on litigation policies and guidelines and managing litigation and disputes and associated risks;
• Engagement and co-ordination with other key internal stakeholders, including Risk and Compliance, Regulatory, and Internal Audit;
• Preparation and provision of reports, submissions and briefings to the boards of members of the MTN Group and relevant governance, risk, audit and management committees.

Note : Reference to litigation in this job description includes all forms of litigation, disputes and contentious matters and proceedings. It also includes threatened and pre and post litigation.
Key Deliverables

• Provide leadership, management and direction on all litigation related matters across the MTN Group (including all forms of dispute resolution, civil and criminal proceedings, insolvency litigation, tax litigation and intellectual property litigation, to name a few );
• Formulate and implement litigation strategy, policies, guidelines and oversight across all operations, including monitoring compliance by operations;
• Provide support, guidance, legal opinions and legal advice and support to the Group and operations on all litigation matters, including the provision of guidance and professional advice on all litigation matters
• Engagement and co-ordination with other key internal stakeholders, including Risk and Compliance, Regulatory, and Internal Audit;
• Generally managing all matters and issues relevant to the legal aspects of the MTN Group’s litigation activities.

Role Dependencies

• Active support from the Group Legal team and MTN Executives
• Deep understanding of the MTN business strategy
• Understanding of risks and threats to the MTN business and strategy
• Understanding of the OpCo, business and Regulatory context and associated risks
• Understanding of cultural and societal norms and nuances in MTN’s markets
• Timely decision making and reporting
• Deep understanding of litigation Rules and principles (including dispute resolution, arbitration, civil claims )
• Alignment of OpCo and Group strategy initiatives

Job Requirements 
Education:

• Minimum 4-year Academic Degree with Honours (LLB or equivalent preferred)
• Admission as an attorney or Advocate of the High Court
• Experience in the management of litigation matters
• MBA / Masters advantageous
• Fluent in English
• Fluent in French (an advantage)
• Knowledgeable in telecommunications, digital and financial services sectors

Experience:

• Minimum  10 years of post-qualification litigation experience at a reputable law firm (local or International).
• Considerable exposure in litigation management of highly complex matters (locally and internationally) and in respect of various aspects including civil litigation, commercial litigation (insolvency, tax, Intellectual Property), dispute resolution and arbitration
• Ability to manage a legal litigation portfolio independently
• Work across diverse cultures and geographies