Manager - Commercial Legal Corporate Services at MTN

Strategic input

• Assist the SM: Consumer Business Unit 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 Sales & Distribution.
• 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 in relation to the sale and distribution of MTN SA’s  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: Consumer Business Unit 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.

RESPONSIBILITIES

Task Complexity:

Strategic input

• Assist the SM: Consumer Business Unit 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 Sales & Distribution.
• 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 in relation to the sale and distribution of MTN SA’s  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: Consumer Business Unit 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.

QUALIFICATIONS

Education

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

Experience:

• A minimum of 5 years post articles experience, including Commercial law, Commercial Business
• Experience in providing legal advice on matters, transactions and regulatory issues relating to Sales and Distribution. 
• 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 Company Law is a must;
• An understanding of the BBBEE ACT and an understanding of Intellectual Property, 4IR and related concepts would be advantageous (Data Sciences, Artificial Intelligence etc.)