Manager: Legal Services (Re-advertisement) - Durban at Transnet

Position outputs:

• Provide professional and credible legal advice and effective legal support to both Ports’ business units, the Port Executives and other internal stakeholders on dispute resolution including marine matters, commercial and contracts, licensing and administrative law, labour law, supply chain, corporate governance and legal risk issues.
• Identify legal risks, analyse risk trends and mitigate, reduce or manage such legal risks.
• Manage all litigation and legal disputes, with the primary aim of finding solutions, in conjunction with the relevant Port’s business units with assistance and support of Head Office Legal Advisors, which shall include the evaluation of risk, prospects of success on merits and on recovery of debts, assessing evidence and management of external legal service providers.
• Test and provide assurance on compliance aspects that affect both Ports, its governance structures, its regulatory authorities, and to ensure adherence to Transnet policies, delegation of authority and all applicable legislation, particularly on licensing, administrative law and information protection law.
• Manage and deliver professional legal services.
• Provide all requisite support on all emergency matters and business continuity management issues.
• Draft, review, interpret, and perform remedial work in respect of all commercial contracts, Section 56 and Section 79 contracts and Procurement contracts including Procurement relating to local and international transactions, construction and NEC3 type contracts.
• Proactively manage the implementation of the legal strategy for litigation, regulatory compliance, risk and governance for the Port. Identify and mitigate legal risks and exposures and implement controls to manage breaches.
• Manage external legal service providers as well as legal spending.
• Interpret, apply and manage all legislative, regulatory, legal opinions, case law and administrative law.
• Timeous and quality management reporting.
• Review and quality check reports and other legal documents for Port Executives.
• Draft and/or review all commercial contracts and procurement tender documents.
• Manage the end-to-end delivery of execution ready documents.
• Initiate or defend all litigation instituted in any judicial forum.
• Evaluate the merits of every litigious matter by analysing all available evidence to determine the prospects of success and recovery and properly briefing external legal service providers.
• Draft legal opinions on various issues to assist business decision making process upon request from port management.
• Implementation of Legal Services SOP and SLA to support the TNPA compliance framework, Transnet policies, procedures, uniform norms, and standards.
• Engage with internal stakeholders on an ongoing basis to assist with Legal related matters.
• Provide training and ongoing professional development in any area of law relevant to the functions and operation of TNPA.
• Actively participate in the development and/or review of standardised templates required for the provision of legal services across TNPA.
• Timeous and quality legal advisory and legal services support, including the efficient turnaround for external legal services providers.

Legal representation in the relevant Port Committees:
Port Executive Committee (Strategic and Reporting),

• Risk Committee,
• Port Oversight Committee,
• Internal Controls Steering Committee,
• Credit Control Committee,
• Lease Specification & Adjudication Committee,
• New Business Development Committee,
• Section 56 Port Working Committee and any other port governance committees.

Qualifications & Experience:
ESSENTIAL:

• Law Degree or LLB with admission as an Attorney or Advocate with a minimum of 7 years post qualification relevant work experience, 3 of which as an in-house counsel in a medium or large private company or SOE with specific experience in managing the legal, compliance and corporate governance portfolios and providing professional legal advice in complex commercial and contracts matters, regulatory matters, commercial and civil litigation and administrative law with sound drafting skills.
• Membership of Professional body (e.g., Law Society of SA as a non-practicing member).

PREFERABLE:

• An appropriate business management qualification would be a recommendation.

MINIMUM YEARS RELEVANT EXPERIENCE:
7 years demonstrable and proven track record in having:

• Established systems, procedures, and controls withing a medium/large sized commercial public sector organisation.
• Experience in drafting complex contracts and managing complex litigation. Must have relevant experience in managing civil and commercial litigation, maritime matters, labour disputes, contract law, commercial law, and competition law experience preferably in the context of an organ of state.
• Managed the functional strategy setting process within a medium/large sized commercial / public sector organisation.
• Completed audits and gap analysis within an organisation in comparison to its future requirements.
• Built and maintained relationships with stakeholders/customers with diverse needs and interests.
• OR
• 5 - 10 years relevant and solid experience in leading a group by managing operational teams Maintaining quality, service and desired outputs related to a work area, ensuring compliance with a set policy, procedures and standards; Or provides technical/professional guidance and advice; Maintain and ensure the improvement of quality, service and desired outputs related with at least 5 years at managerial level or specialist experience.

Competencies:
KNOWLEDGE:

• Maritime law and or industry knowledge.
• Contract law including local and international contracts, procurement contracts, lease contracts, concessions and construction contracts.
• Administrative law and licensing.
• The National Ports Act, 2005.
• Litigation procedures.
• Corporate Governance.
• Public Finance Management Act, 1999

Legislation:

• Good working knowledge of all relevant legislation pertaining to the administration of ports, including the National Ports Act, 2005 (as well as its Port Rules and Port Regulations), National Commercial Ports Policy, PAIA & PAJA, PFMA, POPI Act, Admiralty Jurisdiction Regulation Amendment Act ,1992, construction contracts / NEC3 type contracts and TNPA procurement tender processes including drafting and reviewing of procurement contracts.

SKILLS:
Contracts:

• Draft, review provide remedial and advisory services on contracts and/or procurement/infrastructure transactions.

Legal:

• Excellent understanding for the latest thinking and its application to eliminate or reduce legal risk exposure for organisational effectiveness.
• Administrative skills – sound organising and administrative ability.
• Excellent skills to manage communications and resources with tight timelines in an ever-changing environment including but not limited to people management – sound record of effective people management and motivational skills.
• Managing /dispute resolution skills.
• Legal research, interpretation skills and drafting skills (ability to perform legal research using multiple sources).
• Training and development – development of applicable training material and embedding commercial law principles within the applicable functionality.
• Excellent verbal, written and questioning skills, able to present ideas with confidence and clarity to achieve the desired impact.
• Time management – ability to manage competing priorities and conflicting demands and deadlines.
• Sound knowledge of Microsoft Office.
• Managing legal fees.
• Has the ability to identify and close control breaches within TNPA by influencing and managing in conjunction with other departments.
• Cognitive capacity.
• Negotiation/dispute resolution skills.
• People and talent management.
• Good interpersonal skills.
• Computer skills.
• Planning and organisational skills.
• Managing legal fees.
• Has the ability to identify and close control breaches within TNPA by influencing and managing in conjunction with other Departments.

ATTRIBUTES:

• Energetic
• Self-starter
• Deadline driven.
• Able to inspire others and has a strong personal commitment to the attainment of TNPA goals.
• Build positive relationships.
• Inspires teamwork by guiding a large group to the attainment of agreed objectives.
• Listens with patience and understanding.
• Effective questioning.
• Excellent verbal and written skills, able to present ideas with confidence and clarity to achieve the desired impact.
• Cope under pressure. and is able to influence those who have an impact on the situation in the long-term.
• Conceptual ability.
• Able to analyse complex situations.
• Able to turn problems into opportunities.
• Good decision-making and judgement.
• Able to produce convincing long-term solutions that address the wider context.
• Confidentiality.
• Customer focused.
• Interpersonal sensitivity.
• Patience.
• Influence.
• Attention to detail.
• Logical thinking.
• Information seeking.
• Strategic planning.
• Adaptable.
• Tenacity.
• Accuracy.
• Networking.

OTHER REQUIREMENTS:

• Willing to work extended working hours.
• Willing to travel extensively between Ports of Durban and Richards Bay, locally in South Africa and/or internationally, if required.
• Desktop skills.
• Transnet Culture Charter.
• Transnet Leadership Competencies.
• Driver’s License Code 8 or Code B

NB:

• Those who applied previously do not need to apply.