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  • Posted: Feb 15, 2024
    Deadline: Not specified
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    The South African Reserve Bank is the central bank of South Africa. It was established in 1921 after Parliament passed an act, the "Currency and Bank Act of 10 August 1920", as a direct result of the abnormal monetary and financial conditions which World War I had brought


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    Legal Counsel x 2 - LSD

    Brief description

    The main purpose of this position is to provide comprehensive and effective legal advice relating to the legislative, regulatory and litigious issues within the South African Reserve Bank (SARB) Group, including the Prudential Authority (PA), with a special focus area on financial sector laws as defined in the Financial Sector Regulation Act 9 of 2017. This includes banking, insurance, financial market infrastructure and other related areas. The incumbent may also be required to lead a team of legal consultants in the provision of legal advice and to contribute proactively to the mitigation of legal risk within the SARB Group and the PA.

    Detailed description

    The successful candidate will be responsible for the following key performance areas:

    • Proactively identify,address and managepotential legal risks within the SARB Group, including the PA.
    • Contribute to, and take responsibility for, the development of appropriate legislative and regulatory frameworks that have an impact on the SARB Group, including the PA.
    • Take responsibility for monitoring and reviewing local and international legislation, regulation and policies that have an impact on the mandateof the SARB Group, and advise the Head of the Legislation and Financial Sector Law, senior management in the Legal Services Department and others across the SARB Group on any developments.
    • Conduct and integrate research on issues relating to the legislative, regulatory and policy frameworks that have an impacton the SARB Group and the financial sector,and advise on their impact on the current frameworks.
    • Steer legal processes for internal clients on complex legal challenges and disputes affecting their operations.
    • Draft legislation and regulations as well as opinions to address specific concerns of the SARB Group, including the PA.
    • Participate in negotiations to conclude agreements and agree on relevant positions, policies, principles, litigation matters and regulatory action matters, in consultation with senior management in the Legal Services Department.
    • Participate in internal and external forums, and present and/or defend informed positions that are in the interest of the SARB Group, including the PA.
    • Lead special projects to ensure that mandated and informed positions are developed and presented to stakeholders.
    • Manage the projects related to legislative, regulatory and policy issues in the SARB Group, including the PA, to ensure that mandated and informed positions are developed and presented to stakeholders.
    • Manage stakeholder relationships in relevant areas (internal and external) to enhance the operations of the SARB Group, including the PA, and to facilitate the required co-operation and concurrence between financial sector regulators.
    • Manage litigation affecting the SARB Group, including the PA, by managing the litigation process with external counsel.
    • Provide regular updates and progress reports on all instructions for the purpose of management information, consistency of application of legislation/opinions to manage reputational and legal risk.

    QUALIFICATIONS

    Job requirements

    To be considered for this position, candidates must be in possession of:

    • at least an LLB degree (NQF 8) or an equivalent qualification; and
    • at least 5–7 years of relevant work experience.

    The following would be an added advantage:

    • admission as an Attorney or an Advocate of the High Court; and/or
    • banking, insurance and/or financial market infrastructure regulation industry experience.

    Additional requirements are as follows:

    • good written and verbal communication skills;
    • professional ethics;
    • acute judgement skills;
    • listening skills;
    • assertiveness;
    • problem-solving skills and analysis;
    • decision-making skills;
    • relationship management;
    • being a self-starter;
    • attention to detail;
    • presentation skills;
    • organizational awareness; and
    • project management skills.

    Method of Application

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