Legal Advisor at Eskom Pension and Provident Fund

Provide legal counsel/advice

• Render professional legal advice to ensure all actions/resolutions regarding matters relating to the Fund comply with statutory requirements.
• Provide legal advice/assistance in the application of legislative prescripts, including the rules of the Fund.
• Provide advice to internal stakeholders across the range of legal interests, risks and obligations.
• Guide the fiduciary responsibilities of Trustees and management through the provision of sound advice on issues identified and queried.
• Investigate facts, research and apply legal principles to formulate and communicate legal opinion and/or documents.

Contract management 

• Compile and review referred agreements in terms of recognized best practice and business requirements.
• Negotiate the terms of the contracts when necessary, achieving EPPF’s best interests.
• Provide legal advice to the Fund on the implications of contracts, minimising legal risk.
• Make alterations and/or negotiate alterations to contracts to protect the interests of the Fund.
• Resolve contractual disputes in the interests of the Fund.
• Deal with contract exit management appropriately, minimising risk.
• Maintain a repository and database of all Fund contracts, which are approved and accessible.

Perform legal duties and administration oversight, including participation in Fund-wide Projects/ Initiatives

• Oversee the quality and output of the Junior Legal Advisor, ensuring their performance is regularly monitored and coaching them for development and continuous improvement.
• Lead the legal, taxation, statutory and general interfaces within and between the EPPF and its stakeholders in compliance with the Pension Fund Act and associated regulations.
• Maintain adherence to the Financial Sector Conduct Authority (FSCA) requirements.
• Ensure receipt of summonses and court related documents served on the EPPF in accordance with appropriate procedure.
• Take the lead in advising on  disputes  and any related processes
• Investigate and compile reports outlining action plans related to summonses and court orders.
• Draft standard documentation e.g. acknowledgement of debt, rules and contracts.
• Resolve legal disputes by liaising with external parties verbally and in writing e.g. member complaints.
• Maintain the legal records as required by law and make available when required by the authorized people.
• Manage and maintain the Fund attorney database.
• Provide input in the administration of the EPPF Rules by overseeing the maintenance of a library of documents related to rules and benefits and updating the rule-book as necessary.
• Draft various legal communications based on information provided, with proper consideration to legal implications of response.
• Provide inputs in the compilation of annual audit report, at financial year-end within stipulated time frames.
• Provide legal advice or comments on reports that have to be tabled before management.
• Manage the section’s budget contribution by reconciling all budget activity (invoices) for consolidation and report to the Governance and Assurance Executive.
• Lead and Participate in different Fund committees and strategic initiatives/ project.

Manage legal action

• Manage the process of litigation and provide necessary support to external legal service providers.
• Brief attorneys to institute legal proceedings in defence of the Fund.
• Conduct investigations to ensure an accurate factual basis is established on designated issues, preparing case files and drafting documentation.
• Research applicable legal principles and Pension Fund Rules to establish a legal position.
• Manage resources and litigation process, protecting the EPPF’s interests and minimising costs.
• Represent EPPF at statutory inquiries, administrative or any other proceedings as and when required.
• Receive and conduct an initial evaluation of court processes served on the Fund, provide advice on approach to be adopted by the Fund.
• Implement recommendations of the Attorneys, when required, regarding court cases and legal administrative affairs.

Manage legislative compliance

• Draft regulatory updates to Management and relevant Board structures as required, in order to create regulatory development awareness in the Fund and to transfer knowledge.
• Monitor that the Fund meets its statutory obligations in terms of members and the Employer’s responsibilities, following up appropriately to achieve compliance.
• Assess statutory compliance in terms of relevant legislation throughout the Fund.
• Assess company risk in terms of legislative requirements and make recommendations which minimize negative impact.
• Coordinate training in new pertinent legislation throughout the Fund.

Requirements

REQUIRED MINIMUM EDUCATION/TRAINING

• LLB,  Bcom Law, or similar qualification.
• Registered with professional bodies – (advantageous).
• Admitted Attorney.

REQUIRED MINIMUM WORK EXPERIENCE

• At least 8 years post admission job-related experience.

TECHNICAL COMPETENCY REQUIREMENTS 

• Knowledge of Financial Services Industry Laws (PFA, FSRA, etc), regulations and other related guidance instruments issued by the  Financial Sector Conduct Authority.

Working knowledge of:

• regulatory landscape impacting retirement fund investments, the parties involved, and laws regulating them, the vehicles that retirement funds can utilise to invest, negotiating, providing opinions and legal guidance, and drafting relevant documents related to such investments.
• PE deal structures and terms, conduct due diligences, and advise on the terms of the deal.
• Reviewing, drafting, and negotiating contracts with a focus on business transactions and commercial agreements.
• The ability to use standard software packages (eg Microsoft Office) and to learn bespoke packages if required.
• Excellent negotiation, drafting, and analytical skills.
• Drafting and presenting reports.
• Experience in dispute resolution, Litigation Management and Cost.
• Competence in risk management is highly recommended.

BEHAVIOURAL REQUIREMENTS

• Leadership.
• Self Mastery.
• Execute with Excellence.
• Customer Centric.
• Agile.