Manager: Contracts and Legal Assurance (2503) at The South African National Roads Agency (SANRAL)

MINIMUM REQUIREMENTS

• Bachelor of Laws/ LLB at an NQF level 8.
• Admitted Attorney or Advocate (with Pupillage from the Bar) of the High Court of SA, Member of the Law Society/ LPC.
• A minimum of 10 years relevant experience.
• A minimum of 5 years managerial experience.
• Proven experience in drafting, reviewing, and negotiating a wide range of commercial contracts and various legal agreements.

ADVANTAGEOUS

• LLM and/or specialisation by experience would be advantageous
• Commercial and Contract Law

WORKPLACE COMPETENCIES

• Governmental landscape and regulations: Knowledge and understanding of the government and public sector landscape and the regulatory and legislative operating environment.
• Corporate legal knowledge: Knowledge and understanding of a wide scope of legislation which includes, but is not limited to the:
• Preferential Procurement Policy Framework Act,
• Public Finance Management Act,
• South African National Roads Agency SOC Limited Act,
• National Treasury’s Regulations,
• Constitution of the Republic of South Africa and all other related legislations.
• Companies Act
• Environmental Legislation
• Engineering legal knowledge: Knowledge and understanding of engineering-specific legislation with which SANRAL must comply, especially the FIDIC suite of contracts.

KEY RESPONSIBILITIES

Contracts and Legal Assurance Planning and Management

• Develop a contracts management and legal assurance workflow and operational plan to execute, manage and deliver the timely drafting, vetting, review and amendment of all contracts, agreements and addenda and for the provision of expert legal assurance for the commercial decisions of the business supporting the overarching business strategy and objectives in its commercial activities.
• Define turnaround times for delivery on business requests for contracts support and commercial legal assurance.
• Develop a performance management criterion to monitor and assess the contracts and assurance functionality and the implementation of operational plans and workflows.
• Monitor and report on the output of the unit and legal services provided to the business.
• Oversee and assist with developing a contract and legal document management system.

Contract Drafting, Vetting, Review and Amendment

• Drive the provision of contracts services in various areas of expertise, including labour and employment, construction and engineering, real estate, procurement documents, land acquisition, and disposal.
• Advise the business on all contractual matters, provide contract negotiation support, and comply with all laws, regulations, industry frameworks, guidelines and standards applicable to various contracts.
• Amend and update agreements in keeping with legal and regulatory developments within the relevant discipline.
• Interpret clauses and provide advice to project teams during the implementation phases of the contract.
• Ensure standard contracts are amended and drafted to be fit for purpose and comply with the legal landscape of the jurisdiction they will be executed and accord with legislative requirements.
• Where necessary, guide and provide input on the co-drafting, reviewing, updating and negotiation of all types of contracts with SCM and oversee the facilitation of contract finalisation and storage.
• Provide guidance and support on engineering and construction-specific claims including delays, price acceleration claims, and change of work claims.
• Provide, and oversee the provision of advice on construction and engineering law, including infrastructure procurement and the drafting and administering of engineering contracts.
• Drive and ensure the contribution of legal counsel in developing SANRAL’s policies, procedures, and controls.
• Provide support to all SANRAL Commercial and Contracts Committees.

Legal Assurance

• Provide business support to SCM during the tender processes, i.e. specification drafting, bid evaluation, adjudication, and pre-award stages.
• Review the tender processes from bid specification, advertising, closing, validity periods, evaluation, and adjudication for legal compliance of all aspects of the tender
• Provide assurance reports of the tender review to bid committees on the legality of the process, legal risks and procedural and legal deficiencies identified and advise/make recommendations to the business.

Managing and Reporting of the Contracts and Assurance Unit

• Accountable to manage and report on operational functions and outputs.
• Keep records and manage contracts and assurance service requests.
• Manage the equitable allocation of work and assign responsibilities to Legal Advisors and Officers as required.
• Monitor the execution and review assigned work and responsibilities and any delays in delivery and performance.
• Ensure timely procurement and appointment of external service providers.
• Provide weekly, monthly and quarterly reports to management on contractual and assurance matters.
• Compile memoranda and submission for contract management and assurance to the relevant committees of SANRAL.
• Manage and supervise the overall performance of the unit.