Legal Specialist at Council for the Built Environment (CBE)

JOB PURPOSE

• The Legal Specialist leads dispute resolutions, liaises with external counsel on litigation matters, arbitration, or mediation and supports investigations, manages appeals processes, and oversees litigation arising from professional conduct matters, while ensuring alignment with applicable legislation and strengthening the organisation’s role as an overarching regulator in protecting the public interest.

DUTIES:
MANAGEMENT OF LEGAL OPERATIONS

• Defines clear mandate of CBE and Professional Councils working with the State Law Advisor.
• Aligns Professional Council Framework with CBE Framework for RPL and identification of work amongst others within the CBE mandate.
• Facilitates identification of work process in line with CBE Act.
• Manage the interface between the CBE and the Competition Commission
• Ensure Professional Councils comply with legislation, policy and regulations as well as Health and Safety guidelines.
• Develops and maintains Appeal Guidelines.
• Prepares procedure manual for public use.
• Mediate between stakeholders and councils on matters of corporate governance.
• Facilitates Appeals Committee to expedite appeals and legal cases within its statutory time frames.
• Develops appeals guideline manual for CBE.
• Establishes working Committee with CBE legal team and the 6 Professional Councils and broader built environment sector actors.
• Drafts regulations as when required
• Assesses Councils’ level of compliance with the Corporate governance Framework.
• Assists Councils to overcome challenges preventing compliance with the Corporate Governance Framework.
• Provide proactive, in-house legal advice to the CEO as and when required, ensure regulatory compliance, and provide legal support to the organisation, ensure effective governance, compliance, and enforcement of the built environment regulations and protocols across the sector.
• Assesses Councils’ compliance with the Public Finance Management Act (PFMA).
• Assesses Councils’ compliance with the Policy Framework and reports non-compliance to Department of Public Works
• Ensures funding for all projects proposals are in line with budget projections.
• Provides quarterly reports to EXCO / Council.
• Prepares Close Out report at end of the year.

COMPLAINTS AND INVESTIGATIONS

• Monitors and analyses complaints from Built Environment Professionals and the Public.
• Ensures that all investigations are executed efficiently and confidentially by guiding and advising
• Investigators at all stages of the investigative process.
• Develops and manages a complaints system to ensure that all complaints received by the division are carefully handled and appropriate follow-up actions are taken in a timely manner in accordance with the CBE’s complaints handling procedures.
• Attend to consultations with complainants and stakeholders in relation to the complaints handling process as may be required.
• Mediates between complainant and Professional Councils on matters complaint lodged.

CORPORATE GOVERNANCE

• Develop and update a Corporate Governance Policy Framework which includes e.g. Public Finance Management Act (PFMA), Code of Conduct for Council, Council Charter, Committee Terms of Reference, Legislative Compliance Matrix, etc.
• Oversees overall company-wide legislative compliance requirements (Companies Act, PFMA, King IV) and reports on compliance/non-compliance to Council and.
• Develops overall company-wide legislative compliance matrix and provides reports to Council and relevant stakeholders/governance structures.
• Manages compliance with the Company’s Act and Public Finance Management Act (PFMA) in regard to the meeting documentation

REPORTING

• Develop project plans
• Develop monthly and quarterly reports
• Manage expenditure and resource allocation

HUMAN RESOURCE MANAGEMENT

• Set annual performance objectives for subordinate employees.
• Ensure subordinate employees have signed performance agreements.
• Conduct performance appraisals for subordinate employees.
• Develop action plans to address poor performance of subordinate employees.
• Identify training needs for subordinate employees.
• Ensure ongoing training and development of subordinate employees.
• Address labour issues of subordinate employees.

MINIMUM REQUIREMENTS:

• Bachelor Degree in Laws (NQF 7) degree as recognised by SAQA
• Seven (7) years’ experience in a legal environment, which must include administrative law, legislative two (2) years of which must have been in a supervisory or junior management role

ADVANTAGE REQUIREMENTS

• Public Sector or public sector advisory experience would be advantageous
• Registration or eligible for as a Member of the Legal Practice Council is an advantage.

COMPETENCIES, SKILLS AND KNOWLEDGE

• Proven experience in commercial law, contract law, and regulatory compliance
• Experience within financial services or a regulated environment will be advantageous
• Strong knowledge of South African legislation and corporate governance principles
• Strong analytical and problem-solving skills
• Highly attention to detail and accuracy
• Ability to work under pressure and manage multiple priorities
• Strong judgement and decision-making ability
• High level of integrity, professionalism and confidentiality
• Legal expertise and regulatory interpretation
• Governance, ethics, and professional integrity
• Analytical thinking and sound judgement
• Investigative and problem-solving capability
• Strategic thinking and advisory capability
• Attention to detail and quality assurance
• Planning, organising, and case management
• Stakeholder engagement and influencing
• Conducting and supporting regulatory investigations
• Managing appeals processes and quasi-judicial procedures
• Litigation management and liaison with external counsel
• Legal drafting (opinions, reports, submissions, policies)
• Interpretation and application of legislation and case law
• Compliance monitoring and enforcement support
• Risk identification and legal advisory on governance matters
• Council for the Built Environment Act and related regulatory framework
• Promotion of Administrative Justice Act (PAJA)
• Promotion of Access to Information Act (PAIA)
• Administrative and constitutional law principles
• Public sector governance and regulatory frameworks
• Disciplinary and professional conduct processes within statutory councils
• A valid South African drivers license