Prosecutor: Gauteng at National Home Builders Registration Council (NHBRC

KEY DELIVERABLES:

• The role of the Prosecutor is responsible to oversee compliance with the Housing Consumers Protection Measures Act, Rules and Regulations through instituting disciplinary action against defaulting home builders, guiding and directing investigations, providing legal advice, and represent the NHBRC at the disciplinary hearing of home builders before the Disciplinary Committee.

The Individual will primarily be responsible for, but not limited to the following:

• Review new instructions and decide if suspension is warranted
• Draft suspension memo recommending suspension to the COO or any delegated official.
• Upon final decision by the COO or any delegated official, ensure that relevant stakeholders are notified of the suspension.
• Implement any other instruction or request from Manager Regulatory Enforcement, COO or delegated official.
• Respond to suspension queries and advise homebuilder what legal requirements must be complied with for the suspension to be lifted.
• Review new instructions and decide on the prospects of successful prosecution
• Provide guidance regarding further investigation on the prosecutorial matters.
• Collate evidence for prosecution matters.
• Draft and submit valid affidavits and charge letters to home builders.
• Draft and issue charge sheets.
• Peruse legal representations (disputing the charges or request to be exonerated from the contravention) and judiciously consider same from Home Builders and their legal representatives.
• Conduct legal research based on the legal representations received to make a legally informed decision on the representations.
• Communicate decision to prosecute or exonerate to relevant stakeholders.
• Draft summons memo and issue summons.
• Compile witness list.
• Draft Disciplinary Hearing roll;
• Serve DC roll upon relevant witnesses and stakeholders.
• Compiling evidential bundle for DC hearings.
• Consult with witnesses to ensure successful prosecution of matters.
• Liaise with Secretariat regarding disciplinary hearing dates to ensure efficient scheduling of cases and availability of Disciplinary Committee members.
• Oversee the appointment of Interpreters in the regions where required.
• Attend to preliminary issues to establish facts that are common cause and facts in dispute
• Present prosecution’s case in the form of viva voce (oral) and documentary evidence.
• Chief Examination-lead witnesses and re-examine where necessary.
• Raise objections to protect the prosecution’s witness
• Cross examine defense witnesses.
• Prepare and draft arguments on merits.
• Conduct research to support arguments.
• Drafts heads of arguments.
• Present closing arguments.
• Establish if homebuilder has previous convictions and present same.
• Prepare and draft arguments and present aggravating factors.
• Make further oral submission in response to the defense argument.
• Recommend sanctions to the Disciplinary Committee.
• Review instructions and decide if grounds exist for suspension to be uplifted.
• Verify compliance with relevant departments.
• Instruct Technical officials to investigate and prepare reports for submission to prosecution regarding alleged compliance by a homebuilder.
• Draft memo recommending suspension upliftment to the COO or any delegated official.
• Upon final decision by the COO or any delegated official, ensure that relevant stakeholders are notified of the suspension upliftment.
• Respond to upliftment queries.
• Ensure suspension of homebuilders that have failed to comply with DC verdicts
• Identify and eliminate waste within own area of responsibility to ensure operational excellence
• Monitor expenditure of subordinates in order to eliminate fruitless and wasteful expenditure e.g., travel requests.
• Planning & Scheduling of DC hearings to minimize DC expenses on transport, accommodation, catering, transcription, printing and DC Members costs.
• Planning and Organising by assigning some responsibilities, on a temporary basis, to less burdened officials in order to alleviate pressure from overburdened officials.
• Prepare ad hoc reports as and when required.
• Ensure periodic reports are compiled and submitted.
• Develop and review policy document.
• Identify and recommend initiatives aimed at saving costs for the Section.
• Assist, where possible, with the implementation of the above initiatives to ensure operational excellence.
• Support and participate in change management initiatives as part of contributing to the organisation’s transformation.
• Provide inputs in drafting and review of enforcement policies, procedures and process maps.
• Assist in drafting enforcement policies as and when required by the Manager.
• Respond to audit findings.
• Advise Manager on emerging risks affecting the Enforcement Section and the organization.
• Prepare ad-hoc reports for submission to the NHBRC Management, Committees of Council and other stakeholders as requested by Manager.
• Assist Legal Services by providing inputs in the review of the Act
• Vetting of policies relating to enforcement of the Act (Inspection, Registration, Enrolment, etc.).
• Attendance and participation in committees, meetings and forums as requested.
• Provide input into the budgeting process of the department.
• Ensure that expenditure is in line with budget requirements, standards and policies.
• Procure and safeguard assets of the function.
• Contribute to revenue collection for the organization by ensuring compliance with imposed penalties thus deterring builders from repeated non-compliance.
• Recover optimal amounts of Disciplinary Hearing fines without resorting to costly litigations measure.
• Liaise with Secretariat to obtain Disciplinary Rulings.
• Review written rulings and liaise with Secretariat to obtain amended rulings.
• Oversee the serving of disciplinary hearing outcome reports upon homebuilders.
• Conduct follow up on payments.
• Receive and review requests for deferred payment of fines and communicate decision to relevant stakeholders.
• Draft Acknowledgement of Debt.
• Monitor and review payments.
• Ensure payment allocation of fines by Finance Department.
• Notify Litigation Unit, Regulatory Enforcement Manager, Paralegal and relevant provinces regarding payments made.
• Refer matters to Litigation Unit where builders fail to honour DC ruling or AOD (where payment arrangements were made).
• Conduct legal research in preparation of training interventions.
• Provide legal advice and support to internal and external stakeholders in relation to applicable legislative and regulatory framework.
• Undertake training and awareness initiatives, on applicable legislative/regulatory framework to ensure compliance thereto, for stakeholders such as: home builders, financial institutions, conveyancers, SAPS, NPA, Municipal Inspectors, and internal stakeholders.
• Timeous submission of performance agreements and reviews.
• Conduct performance management and monitor performance on an on ongoing basis through mentoring, coaching, and reviews and take appropriate steps to correct performance issues.
• Deal with grievances, conflict and disciplinary issues and take appropriate actions in accordance with NHBRC Policy.
• Recruitment and selection of suitable candidates according to recruitment and selection procedures and EE targets within area of responsibility.

MINIMUM REQUIREMENTS:

• Must hold an LLB and or appropriate bachelor’s degree (NQF 7)
• Minimum of five (5) years’ work experience in prosecutions and criminal investigations
• Minimum of three (3) years’ supervisory experience
• Recent and demonstrated experience in the conduct of criminal or complex investigations and prosecutions