Legal Advisor: Litigation (2602) at The South African National Roads Agency (SANRAL)

MINIMUM REQUIREMENTS:

• Bachelor of Laws/ LLB or equivalent NQF Level 8 Qualification.
• Admitted attorney or Advocate (with Pupillage from the Bar) of the High Court of SA, Member of the Law Society/ LPC.
• 5 years min relevant experience.

ADVANTAGEOUS:

• LLM and/or specialisation by experience would be advantageous, demonstrable record of litigation and litigation management.

KEY RESPONSIBILITIES:

Execute Litigation strategy and operational plan development and execution

• Execute the Litigation Strategy to provide an effective and efficient litigation service in managing SANRAL’s litigation demands. 
• Adopt and execute the litigation management and monitoring processes/ procedures.
• Contract for the litigation unit Key Performance Areas in line with define operational goals and objectives.
• Implement operational objectives and provide quality litigation management and support to business in litigated and non-litigated disputes and matters.
• Monitor and report on litigation matters and performance deliverables in line with predefined measurement criteria and agreed performance objectives implement the agreed mechanism to improve delivery and performance of litigation services.
• Identify Litigation Risks and elevate them in divisional meetings and structures for intervention and implementation of the appropriate measures to mitigate and prevent the risk.
• Manage the litigation budget and expenditure on legal fees.

Litigation Management 

• Guide the resolution of, SANRAL claims and/or disputes through negotiation, mediation, arbitration and litigation methods, as required.
• Advise on and guide the resolution of engineering and construction-specific claims/disputes including delays, price acceleration claims and change of work claims. 
• Oversee the resolution of FIDIC-Contract -related issues and/or disputes through adjudication, litigation, arbitration, mediation or negotiation, as required.
• Provide advice and defend SANRAL on infrastructure procurement matters emanating from Tenders issued by SANRAL provide advice and defend all other procurement litigation matters.
• Manage, assess and advise on the merits of litigated matters to determine if a settlement can be reached or the matter should proceed to court.
• Ensure timely procurement and appointment of external service providers to defend or institutive legal action for SANRAL.
• Appoint, Instruct and consult with external legal service providers within the correct internal procedure and PFMA requirements.
• Manage service providers’ performance and delivery in instruction.
• Manage the litigation cycle from end-to-end and provide the appropriate instructions to avoid litigated matters becoming dormant.
• Comply with court timelines and limit reliance on condonation, extensions, tendering of costs. 
• Consult internal clients/business to obtain instructions, facts on the matter and report to be business on developments in their matters monthly and as and when required.

Reduction of Legal Costs and Expenditure 

• Review invoices and ensure that legal fees are reasonable within agreed rates.
• Review invoices to ensure there is no overreach.
• Appropriately reduce and remove excessive items on legal bills.
• Use the Tariffs to determine costs of disbursements.

Recovery of Costs

• Manage and monitor the execution of judgements, orders, awards in favour of SANRAL at conclusion of a dispute/litigated matter.
• Manage the recovery of costs awarded to SANRAL.
• Ensure Legal bills are subjected to taxation/and or agreed fees and executed, engaging the services of a taxation consultant where necessary.
• Record costs recovered and to be recovered and provide monthly and quarterly reports on the status.
• Report monthly and quarterly.

Management and Reporting of the functions of the Litigation Unit

• Submit report on operational litigation.
• Keep records and manage incoming litigation and pre-litigation disputes. 
• Manage the equitable allocation of work and assign responsibilities to Legal Advisors and officers as required. 
• Monitor the execution and review assigned work and responsibilities and any delays in delivery and performance. 
• Provide weekly, monthly and quarterly reports to Management on litigation and active matters.
• Compile memoranda and submission for Litigation to the relevant committees of SANRAL.