Manager: Commercial Legal at MTN

Manager: Commercial Legal

• 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 o f  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

Managerial / Supervisory / Leadership Complexity: (direct)  

• 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

Education:

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

Experience:

• A minimum of 8 years post articles experience, including Commercial law, Commercial Business
• Experience in providing legal advice on matters, transactions and regulatory issues relating to  ECN 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 

Please consider your application as unsucessful should you not hear from us within 14 Days.