Legal and Compliance - Senior Manager at The National Student Financial Aid Scheme(NSFAS)

RESPONSIBILITIES:

Policy, Systems and Procedure Development

• Lead in the development and management of the NSFAS policies, frameworks, guidelines, and procedures
• To maintain legal language or specifications, current working knowledge of alterations in legislation and ensure that regulatory reform is appropriately escalated and managed

Core Strategic & Operational Objectives

• To lead and participate in the development of the legal unit’s strategic and operational plan.
• To lead and participate in the development of the key performance indicators (KPIs) and operational plans of the unit.
• To provide legal advice and guidance to the CEO, the Board and its committees, and executive management on a variety of legal topics.
• To partner with management to devise effective and efficient defence strategies.
• To draft, solidify and/or review agreements, contracts and other legal documents affecting and impacting the organisation.
• To guide and support internal and external legal counsels and business teams to drive operational efficiencies.
• To guide and oversee the legal compliance aspects of the PAJA, PFMA, FICA, FAIS, AML/CFT, NCA, POPIA and NSFAS Act.
• To guide the legal management of responses to the media, Parliament and other oversight bodies.
• To conduct or oversee the conducting of training and dissemination of appropriate legal and compliance requirements to staff.
• To conduct legal research on the legal aspect affecting the organisation.
• To manage the co-sourced or outsourced supply of services of the unit.
• Advise the organisation on the establishment, implementation and monitoring of compliance risks.
• Drive compliance culture and conducts compliance awareness within NSFAS.
• Lead the development and implementation of the NSFAS compliance programme.

People Management & Ethical Leadership

• Manage and/or delegate participation in the recruitment and selection of unit vacancies in line with Employment Equity targets.
• Lead and manage the unit team to achieve the set and agreed programmes.
• Direct, inspire, coach and mentor subordinates to deliver quality programmes in line with NSFAS Values.
• Lead and manage the individual performance contracting and review process for subunits.
• Lead and manage all disciplinary matters of units related to performance and conduct issues.

Stakeholder Management & Relationship

• Collaborate with internal stakeholders to meet legal and compliance-related deliverables.
• Collaborate with internal stakeholders to ensure that reports to DHET, National Treasury, Auditor General of South Africa (AGSA) and other external stakeholders are compiled and sent timely.

Project Management & Leadership

• Manage and supervise the projects to address identified needs per legal and compliance deliverables.
• Analyse and interpret project reports on completion of the project to evaluate return on investment and to inform decision-making in the unit.

Budget Optimisation

• Forecast for unit core administration activities and projects.
• Expenditure in line with core activities and projects.

Risk, Compliance Monitoring & Evaluation

• Lead and manage the plans and processes that support the implementation of identified key controls and established risk mitigation procedures.
• Conduct audits and reviews of the service unit processes and improve the outcomes.
• Lead and manage the plans and processes that support the implementation of identified key controls and established risk mitigation procedures.
• Analyse and improve the audit, risk and compliance outlook.
• Adhere to forensic methodology and processes.

Information & Knowledge Management

• Collaborate with stakeholders to build systems that enable the management of data obtained from different sources.
• Collaborate with stakeholders to use their experience, education and understanding to obtain knowledge from this information.

Reporting & Accountability

• Reporting on unit strategic KPIs progress, operational plan progress, strategic legal and compliance stakeholders issues and interventions management, internal and external audit and risk exposure and business improvement opportunities.

DESIRED QUALIFICATIONS, SKILLS AND EXPERIENCE

Minimum Requirements:

• NQF Level 8, LLB or Equivalent
• Admitted Attorney or Advocate
• Certified Compliance Professional (CCP) / Compliance Institute of SA
• 10 years’ experience in legal profession of which of which 5 Years’ experience should be in a management level
• Must demonstrate a multi-disciplinary legal experience across some or all of the following:
• Sound understanding of PAJA and its application and compliance thereto
• Consumer Credit Act
• In-depth knowledge of POPI Act, and PAI Act and related legislation
• In-depth knowledge of FAIS and FIC Compliance and its related legislation
• Contract drafting, negotiation and management
• Sound understanding of government supply chain regulations and requirements
• Legal Advisory (including Labour Law) and compliance
• Regulatory Compliance (PFMA, FICA, POPIA, FAIS, AML/CFT, King)
• Contract enforcement
• Dispute management
• Drafting of regulations
• Handling responses to the media, Parliament or other oversight-type bodies
• Litigation Management & Dispute Resolution
• Track record of having provided legal opinions
• Compliance Monitoring & Assurance Reporting
• Internal Control Frameworks
• Policy Formulation & Implementation
• Executive & Senior management Stakeholder Engagement
• Leadership, Training & Capacity Building
• Computer literacy – Intermediate MS Package Suite
• Driver’s license

Preferred:

• NQF level 10 in Law, MBA legal related qualifications
• Anti-Money Laundering Certification / FICA Compliance
• Over 12 years plus experience in a legal management role
• In-depth understanding of development finance, credit, contract and labour legislations
• In depth understanding of the King Code on Governance particularly in a public entity context
• Good network with other financial services providers and structures
• Understanding of management processes in higher education institutions
• In-depth knowledge of relevant legislation applicable to Public Entities
• Exposure to union negotiations