Senior Legal Advisor - Concessions/Comm at Transnet

Position Purpose:

• The Senior Legal Advisor: Commercial & Concessions, is required tprovide professional and credible legal advice and effective legal support and solutions on a wide range of commercial transactions that the TNPA may be requirement to conclude and participate and tappropriately mitigate the legal risks arising therefrom and generally protecting the TNPA’s interests therein.
• Providing legal advice on these commercial transactions and related process in the spheres of property and lease law, port concessions, corporate law, law of contract and general commercial law ta wide range of functional teams and tall other relevant stakeholders in TNPA.

Position outputs:

• Implementation of the commercial and concessions legal strategy withing TNPA’s legal and policy and procedure framework developing uniform norms and standards.
• Draft, Review and Update on an ongoing basis all relevant and applicable commercial contract templates such as commercial lease agreements, wayleave agreements master agreements and concession agreements etc
• Draft and review bespoke commercial agreements of whatever nature.
• Review any third - party ancillary financing and related lending agreements that the TNPA may be required tagree and or consent to.
• Provide legal advice and support and due diligence on commercial transactions which the TNPA may wish tenter into.
• Reviewing and vetting of procurement related documentation for commercial projects.
• Render formal internal legal opinions on commercial transactions and contracts that TNPA has entered into.
• Recommend the appoint of external attorneys and counsel and manage the provisions of the services provided by these attorneys.
• Service as a member of any cross functional team established for any specific envisaged commercial transaction as and when required.
• Provide effective and efficient negotiation support on concession and commercial transactions and agreements together with cross functional negotiation.
• Provide effective and efficient dispute resolution support tcross functional teams and regional and port legal teams involved in the day-to-day contract management processes.
• Serve as a member of the relevant governance structures in the TNPA whhave the relevant mandate and delegation of authority tapprove particular, commercial transactions.
• Serve as a member of whatever team if established within the TNPA tundertake a due diligence any commercial transaction that the TNPA participates in and take accountability for the legal deliverables in this due diligence.
• Ensure that the commercial and agreements projects comply with the National Ports Act, National Ports Act Regulations,
• Public Finance Management Act, Treasury Regulations, Preferential Procurement Policy Framework Act and Regulations and the Constitution of the Republic Policy,
• Contribute tthe development and review of organisational strategy and commercial policy and process development.
• Engage and Liaise with Transnet Group – Commercial Legal Function tensure alignment and consistent delivery within the ambit of mandates provided.
• Interact and engage with Port and Regional Legal team members tenable the provision of immediate legal advice and support tPort Manager’s and Managing Executive’s at both Port Executive and Regional Executive Committee structures.
• Continuously Assess the Competition Law implications and risks of the commercial transactions the TNPA may wish to conclude from time ttime
• Compile and submit monthly and quarterly reports for all projects and work undertaken in the Legal commercial and concessions space.
• Perform such other tasks or project or work as assigned by the General Manager: Risk and Regulatory and Executive
• Manager: Legal and Compliance as may become necessary.

Qualifications & Experience:

• Law Degree or LLB with admission as an attorney and advocate.
• A Post Graduate Qualification in Commercial Law and or Maritime Law will be advantageous

4 t5 years post qualification with a demonstrable track record and experience:

• in a commercial attorney practice or in house commercial legal advisory role.

in the drafting, reviewing and negotiation of a wide range of complex commercial contracts and transactions, including but not limited tthe following:

• Infrastructure Development Concessions,
• Public Private Partnerships,
• Property Development Commercial Leases,
• Related Direct Lending Agreements,
• Infrastructure Financing Agreements,

in, but not limited tthe following fields of law

• advanced law of contract
• competition law
• Public Finance Management Act
• Public Procurement Law
• In maritime and port law, namely the National Ports Act 5 of 2012, will be advantageous.
• Must have a well-developed business sense and business acumen.

Competencies:

• Initiative
• Confidentiality
• Customer Focused
• Interpersonal Sensitivity
• Patience
• Influence
• Attention tdetail
• Logical Thinking
• Information seeking
• Strategic planning
• Adaptable
• Tenacity
• Accuracy
• Networking
• Motivational
• Empathy
• Shows insight
• Copes under pressure

Attributes:

Personal Attributes:

• Energy: Is a “self-starter” and displays high levels of energy and enthusiasm.
• Energises others – inspires and motivates others through leadership.
• Execution – able ttake difficult decisions and has a track record for achieving results.
• Must be a good manager whis driven and proactive.

Practical implementation skills:

• Able tplan, organise and co-ordinate in situations involving large groups with diverse viewpoints.
• Able tmanage the implementation of a number of complex programmes (where there are few precedents) with competing and conflicting demands and deadline.
• Sets rational strategies for the long-term, including possible contingencies.
• Able ttake effective decisions and follow through.
• Able tadjust plans without losing site of the strategic goals tbe achieved.

Interpersonal and Communication Skills:

• Able tinspire others and has a strong personal commitment tthe attainment of TNPA goals.
• Must have a balanced personality with excellent communication and interpersonal skills.
• Must be able twork independently as well as part of a team in multi-disciplinary environment.
• Shows insight intthe needs of others and is able tbuild positive relationships, even in difficult situations.
• Inspires teamwork by guiding a large group tthe attainment of agreed objectives.
• Listens with patience and understanding, takes time and responds honestly and uses care when judging others.
• Able tobtain a greater understanding of issues through effective questioning.
• Excellent verbal and written skills, able tpresent ideas with confidence and clarity tachieve the desired impact.
• Copes under pressure and is able tinfluence those whhave an impact on the situation in the long-term.

Conceptual ability:

• Able tanalyse complex situations, which have multiple and conflicting priorities. Able tplace these situations into
• relevant, long-term context and tpresent solutions that address these conflicting priorities in the long-term.
• Uses imagination and creative insight tsuggest a range of possible solutions. Able tturn problems intopportunities.
• Decision-making and judgement is based on an awareness of the issues. (knock-on effects, constraints, and sensitivities) beyond the immediate “boundary” of the situation considering all the conflicting priorities. Produces convincing long-term solutions that address the wider context.

Knowledge Required
Good working knowledge of:

• Maritime Law
• Commercial Law
• Contract Law
• National Ports Act
• Competition Law
• Corporate Governance
• All related legislation regarding Commercial Law function
• Legislation & Regulations governing state owned enterprises
• Project or Corporate
• PPP or concession knowledge.
• Negotiation ability
• Commercial and Contract Law including international contracts
• Administration Law
• Litigation procedures
• Property Law and leases.
• Legislation and regulations governing SOE’s.
• PFMA Preferential Procurement Policy Framework Act.

Skills Required

• Legislation – Good working knowledge of all relevant legislation pertaining tCommercial Law, Competition Law, Contract Law, and Maritime Law.

Key Focus Areas:

• Commercial – draft, review, provide remedial and advisory services on contracts and / or commercial transactions.
• Legal – has an excellent understanding for the latest thinking and its application teliminate or reduce legal risk exposure for organisational effectiveness.
• Administrative skills – sound organising and administrative ability.
• Excellent skills tmanage communications and resources with tight timelines in an ever-changing environment including but not limited tpeople management sound, track record of effective people management and motivation skills.
• Negotiation / dispute resolution skills.
• Legal research, interpretation skills and drafting skills (ability tperform legal research using multiple sources).
• Training and development – of applicable training material and embedding commercial law principles within the applicable functionality.
• Excellent verbal, written and questioning skills, able tpresent ideas with confidence and clarity tachieve the desired impact.
• Time management – ability tmanage competing priorities and conflicting demands and deadlines.
• Sound knowledge of Microsoft Office.
• Property management skills.
• Identifying continuous improvements in the legal services deliverables tthe organization and ensuring that viable solutions are accepted and implemented.
• Cognitive capacity.
• Managing legal fees.
• Has the ability tidentify and close control breaches within TNPA by influencing and managing in conjunction with other

Departments.
Other requirements

• Willing twork extended working hours.
• Willing ttravel extensively locally and / or internationally if required.
• Desktop skills
• Transnet Leadership Competencies
• Driver’s License Code 8