Manager - Commercial Legal. Corporate Services at MTN

JOB DESCRIPTION
Manager - Commercial Legal

Mission

• Identify and manage the legal risk of the company and provide legal advice on various aspects of business, ensuring that Procurement and Technical functions of MTN SA all receive required legal support with high quality standards to guarantee legal risks are properly mitigated. 
• Handle complex multifunctional matters within cross-functional teams and provide a commercial & legal advisory service as required across MTN South Africa. 

The position will primarily support the Procurement and Technology divisions, with key focus on:

•     The procurement of goods and services across various commodities, for MTN’s internal consumption or for resale to MTN’s corporate enterprise clients
•     Electronic Communications Network infrastructure build (construction & engineering; maintenance programmes)
•     Leasing of Electronic Communications Network infrastructure (such as BTS stations and the management of legal matters connected thereto)

Key Performance Areas

Strategic input

•     Assist the SM: Procurement & Technology in defining relevant Commercial Legal frameworks to be implemented within Commercial Legal & across the organisation
•     Contribute to the implementation of the enterprise corporate strategy for MTN SA and the various business functions supported, ensuring alignment of all activities undertaken to the overall business strategy.
•     Contribute towards long-term forecasts and predictions (2-5 years).
•     Provide strategic input to the MTN SA business functions from a commercial legal perspective, with due cognizance of the broader business imperatives MTN SA, specific business units and considering the long term (1-2 years) implications of actions on the viability of the business from a broader perspective

Operational Planning and Process Enhancement

•     Conduct ongoing research, maintaining current knowledge of changes in legal frameworks and developments in the industry including from technical, operational and legal aspects
•     Provide input into the development of MTN SA departmental policies, procedures and structures and advising on departmental strategy and budgets
•     Drive best practice, continuous improvement and innovation at process and procedure level within MTN SA
•     Manage process of identification of critical issues that could arise and taking into consideration the long term (1-2 years) implication from a broad perspective
•     Identify efficiencies & standardizing way of work, mapping processes to give effect thereto and ensuring alignment to departmental objectives 
•     Provide input to the development of standard documentation, including contracts, letters, reports, notifications etc.

Commercial Legal Support

•     Manage legal requirements, transactions and initiatives within MTN, with a primary focus on:
  •     Network Infrastructure build & maintenance 
  •     Information & Communication Technology contracting (including traditional I.T; ICT contracts & projects and new technologies 
  •     General procurement of goods and services
  •     Property infrastructure procurement, with focus on land rights/tenure for public and privately-owned land & communal land leasing.
  •     Basic contracts and commercial management
•     Advising, drafting, negotiating and formalising legal aspects of commercial arrangements of the Company’s Technology Division in implementing its strategy relating to network infrastructure build and ICT contracts and projects, which includes providing legal advice and opinions 
•     Advising, drafting, negotiating and formalising legal aspects of commercial arrangements of the Company for procurement of goods and services, which includes providing legal advice and opinions
•     Support the MTN SA business functional areas of the business, proactively identifying legal risks/ issues that could arise and providing commercial legal advice to executive management and staff in these areas, focusing on complex commercial transactions, litigation and risk identification and mitigation
•     Support the Regulatory department in Private Law and in all court’s processes
•     Ensure compliance with law in all fields related to Commercial Legal in MTN SA business functions
•     Assist the SM: Procurement & Technology in the administration of all matters and rendering of legal advisory services to MTN SA business functional areas
•     Participation in all contracts & commercial negotiations with third parties, carrying out tasks allocated to you and handling complex negotiations, contract agreements
•     Providing legal input in all meetings which the Commercial Legal department is involved in 
•     Validate legal recommendations, taking in consideration the impact thereof on other areas of the business and their interdependencies.
•     Review major contract agreements to ensure compliance and MTN SA interests – structure local and international commercial transactions, drafting and reviewing related contracts (e.g. agreements with dealers, partners, vendors).
•     Ensure contract drafts are aligned with MTN SA standard legal templates and update legal policies and procedures in line with best practices, Conceptualise and deploy innovative methods for contracting for digital products and services and management of legal relationships between the company and its trade partners.
•     Attending to all legal queries from various departments, participate in dispute resolution and manage litigation matters for MTN SA business functions.
•     Ensure compilation and maintenance of a bank of precedents
•     Represent MTN SA in court whenever required
•     Ensure that all legal information for MTN SA business functions is properly uploaded in Enterprise Contract Management tool or whatever applicable contract management tool
•     Advise executive management on corporate governance issues, certain regulatory issues and the impact of new and/or amended legislation and the risks associated therewith.
•     Provide Corporate Secretary of MTN SA and Group with the appropriate legal support, maintain a good working knowledge of company secretarial functions and corporate governance requirements including King III.

Reporting

•     Collate all information and submission of all required reporting
•     Periodically report to MTN SA business functions and GM Commercial Legal highlighting key commercial legal risks and issues

Supplier Relationship Management

•     Manage and liaise with external attorneys who support MTN
•     Manage the identification of needs of external attorneys support, collating and validating inputs from MTN SA business functional areas
•     Raise and address issues related to performance of external attorneys support with SM: Procurement & Technology
•     Provide input to the Supplier Performance Management system

Customer Satisfaction

•     Manage and build solid relationships with all customers – internal and external, ensuring pro-active, continuous, sustained and qualitative engagements in line with Commercial Legal’s departmental strategy
•     Understand customer needs and develop and fine-tune ways of work accordingly, in order to satisfy needs and requirements.
•     Ensure customer needs and requirements are satisfied through having the appropriate behaviours, processes and procedures in place to be able to meet them efficiently and effectively
•     Adopt a proactive approach to prevent problems from arising in the future & effectiveness in problem solving and dispute resolution
•     Identify trends and patterns pertaining to customer requests and needs and filter this information appropriately to continually improve all aspects of service delivery
•     Initiate change to continually improve all aspects of service delivery, driving continuous improvement as an key element of service delivery

Leadership 

•     Mentor, coach and guide legal graduates allocated to Commercial Legal: Technology & Procurement
•     Display an understanding of the strategic nature of effective leadership in the organization
•     Support employee relations, participate & support collaborative teamwork 
•     Communicate actively and effectively resolving any potential conflicts that may arise
•     Comply with & enforce a customer centric approach 
•     Display insight into leadership style and how it impacts on performance positively and negatively
•     Display insight into cross-cultural relationship effectiveness, understanding of socio-economic context within which MTNSA & Commercial Legal operate
•     Have the self-insight and flexibility to adapt to different situations
•     Manage boundaries that separate units in order to optimize workflow

Role complexity

•     Deputize for the SM: Procurement & Technology as required
•     Participation in ad hoc projects
•     Assist with unsolved problems and problems of a more complex nature in other areas of the department to assist with resolution.

Innovation

•     Taking the business environment into account – marrying legal focus with the strategies of the business and aligning activities to the functions
•     Drafting and/or reviewing contracts, vetting and negotiation around complex situations
•     Exercising judgment on how to deal with each situation
•     Displaying sensitivity to variances
•     Being part of the process of creating a new systems and strategies to manage the legal environment within MTN
•     Managing the legal and commercial aspects of new projects and ventures
•     Formulating structures for deals in a dynamic context, e.g. new business acquisitions
•     Providing inputs into departmental strategy with regard to optimizing processes and providing direction

Vulnerabilities (control span)

•     Failing to keep abreast of new developments within the law and legal environment
•     Not fully understanding the business environment and risks
•     Not being creative in dealing with unique situations
•     When working on “emergency” projects, not having good relationships with a solid network of people 
•     Lack of internal cooperation, e.g. not receiving input within time frames from internal resources
•     Changes in broader socio-political and economic environments
•     Lack of knowledge of international industry dynamics
•     Lack of awareness of competition locally and internationally.
•     Ineffective management of outsourced work.
•     Poor prioritization of urgent issues.

Education

•     LLB + admission as an attorney OR advocate
•     Masters degree will be advantageous

Experience

•     A minimum of 3 years post articles experience, including Commercial law, Commercial Business
•     Experience in providing legal advice on matters, transactions and regulatory issues relating to EC Network infrastructure build, Procurement of goods and services, property infrastructure leasing. 
•     Experience in the telecommunications industry an advantage
•     Experience in providing legal advice on matters of Corporate Governance (including Companies Act), Companies Act & Compliance would be advantageous
•     An understanding of Contracts & Commercial Management would be advantageous
•     An understanding of Land Ownership & Tenure (public, private & communal land) would be advantageous
•     An understanding of Municipal Law would be advantageous
•     An understanding of Intellectual Property, 4IR and related concepts would be advantageous (Data Sciences, Artificial Intelligence etc.)

Training:

•     Systems, products and processes
•     Ongoing legislative and regulatory training 

                             
Knowledge

•     Understanding of MTN SA business functions
•     Broad knowledge of the industry
•     Basic Knowledge of the Telco financial environment
•     Requirements for conclusion of contracts knowledge
•     Requirements for law of contracts, including conflicts of laws knowledge
•     Intellectual Property rights and ownership thereof (Trademarks, Patents, Copyright and POCs) knowledge
•     International trade contracts, including Incoterms 2000 knowledge
•     Tender RFx processes and industry best practices regarding tenders and procurement knowledge
•     Strategic sourcing and procurement principles knowledge
•     International disputes resolution principles and organizations (e.g.ICC) knowledge
•     IT contracts and in particular escrow agreements knowledge
•     ICT knowledge, including Cloud Computing, eCommerce, 4IR, Data Protection, Privacy, Access to Information, Robotics etc.
•     Construction law and principles (e.g. JBCC, FIDIC, NEC 3, etc.) knowledge
•     Law of property (e.g. Purchase of land, leases, servitudes, property finance, etc.) knowledge
•     Knowledge of Magistrate and High court litigation - and accepting and responding to summons received accordingly
•     Knowledge of commercial legal law and contractual and prescriptive procedures in law
•     An understanding of the MTN business
•     Commercial, legal and contractual knowledge
•     Relevant legislation (all Acts/Laws impacting on the business locally and internationally – BEE, FICA, Taxation, etc.)
•     General Telecommunications Law, e.g. relevant to Competition Law, FICA, etc.
•     MS Office applications
•     Excellent usage of language

Skills 

•     Strong negotiation skills at all levels, including executive
•     Good interpersonal skills
•     Problem solving and decision-making skills
•     Ability to work under pressure to meet deadlines
•     Willingness to continuously develop new skills and knowledge
•     Strategic level general management skills
•     Strong leadership ability
•     Business acumen
•     Financial acumen
•     Ability to manage diversity
•     Excellent written communication skills
•     Project management skills
•     Excellent commercial drafting skills
•     Relationship skills – to build relationships to facilitate efficient workflow
•     Scanning skills – to search for new ideas, trends and principles
•     Systems thinking – understanding the “big picture”
•     Business acumen – an understanding of the business as a whole
•     Flexibility – the ability to adapt and change in the light of changing circumstances / new information
•     Culture diversity management skills
•     Presentation skills
•     Ability to work with conflicting objectives
•     Crisis management skills

Competencies

•     Independence
•     Self motivated
•     Assertiveness and self confidence
•     Drive and perseverance
•     Analytical
•     Attention to detail
•     Ethical
•     Disciplined
•     Creativity of thought processes
•     Entrepreneurial
•     Diplomacy and tact
•     Relationship builder – strong people focus
•     Consultative
•     Ability to take initiative and work both in isolation and be a team player