Senior Legal Counsel - JHB at The Payments Association of South Africa (PASA)

Overall Job Purpose

• Under the administrative direction of the Executive Legal Officer, represents and advises Payment Association of South Africa (PASA), PASA Council and staff in all legal matters pertaining to the daily operations of the National Payment System (NPS) and PASA.
• To establish and facilitate key relationships with interested parties, participants and stakeholders both on a local and international level, to receive and provide guidance/input on the legal and governance foundation of the NPS in South Africa being the South African Reserve Bank (SARB) Act, NPS Act, the PASA Constitution, PASA Policies and Position Papers, Payment Clearing House (PCH) Agreements, PCH Clearing Rules and Service Level Agreements and other.

To use specialised legal knowledge to develop, maintain and review legal documentation that governs compliance and support to the expanding role and mandate of PASA. Such documentation would be PASA Policies and Position Papers, PASA Constitution, PCH Agreements, PCH Clearing Rules, Service Level Agreements and legislation such as the Protection of Personal Information (POPI) Act, Financial Sector Regulation Act, Cybercrimes and Cybersecurities Bill, etc.

Key Stakeholder Management including Communication and Interaction

Internal:  PASA Council, PASA Executives, Relevant Committees and Workgroups, PASA Functional areas

External: PPASA members and non-members, Payment Clearing House Participant Group (PCH PG) representatives, Payment System Operators (PSOs), System Operators (SOs) Third Party Payment Providers (TPPPs), South African Reserve Bank (SARB), National Treasury, Financial Sector Conduct Authority (FSCA), International Payment System Bodies and Regulators.

Responsibilities
Core Accountability 1.
Represent and advise PASA internal staff on legal matters pertaining to the South African National Payment system and enabling the achievement of the strategic direction and expansion of PASA’s mandate. Engage in continuousness consultation of such legal matters with both local and international key stakeholders:

• Serves as legal counsel to PASA; advises Staff in legal matters pertaining to their offices and meeting their fiduciary responsibilities.
• Researches, prepares and presents legal opinions pertaining to the regulation and governance of the South African National Payment System.
• Ensures that activities of PASA are legally sound and in accordance with the governing rules and regulations.
• Assists in the representation and preparation of PASA in litigation, dispute hearings and other legal matters; consults with external counsel, as appropriate, on matters related to PASA.
• Regularly engage and facilitate strategic dialogue to ensure legislative compliance of the preferred strategic direction by PASA and the South African Reserve Bank affecting key stakeholders.

Core Accountability 2.
Form and engage in meaningful relationships with key stakeholders to provide legal and governance guidance on risk reduction and improvement measures in the National Payment System

• Establish and maintain legal forums/mechanisms to allow for meaningful engagement with key stakeholders such as the South African Reserve Bank, South African National Treasury, Financial Sector Conduct Authority, PASA members and other Stakeholders etc.
• Advise PASA and relevant stakeholders on legal technical matters relating to the drafting and finalisation of legislation governing or related to the South African National Payment system.
• Develops legal education programs informed by thought leadership and best practice and facilitate road show sessions with key stakeholders to provide guidance on key legislation.

Core Accountability 3.
Use legal knowledge to draft, review and implement legal documentation that governs the compliance and support to the expanding role and mandate of PASA

• Responsible for the development and implementation of PASA policies and Position Papers, PASA Constitution, Payment Clearing House Agreements, PCH Clearing Rules, Service Level Agreements, Constitution and draft improvements to keep up with changing circumstances in the Payments industry.
• Responsible for the development and review of PASA’s Regulatory compliance framework.
• General legal drafting (e.g. service agreements, confidentiality agreements etc.

Core Accountability 4.
Support to the Executive Legal Officer to ensure the performance of the legal function

• Regularly evaluate the functionality and duties of the legal function to ensure alignment to strategy and the expansion of PASA’s mandate.
• Develop, implement and maintain the Legal functions goals, objectives, policies and priorities, ensure that established goals and priorities are achieved.
• Providing research and training.

Core Accountability 5.
Support to the Executive Governance, Legal and Compliance to regularly report on the Regulatory compliance of PASA to Chief Executive Officer

• Ensure PASA overall complies with relevant legal and statutory requirements.
• Prepare and frequently report on compliance matters in consultation with the Compliance manager within the team.

Education and Experience Required:

• 8-10 years hands on experience within a Payment System ECO-SYSTEM, with at least 5 years in senior managerial or general management role, leading a team on specific projects.
• A formal applicable post tertiary qualification – LLB degree or Similar recognised law degree. Master’s degree is preferred.
• Admitted attorney, advocate.

Knowledge & Skills:                                                        

• PCH PG knowledge
• PSO, SO and TPPP knowledge 
• Bank and bank payments systems participation knowledge
• Financial Industry knowledge and logic
• Legislation and compliance knowledge related to Payment Systems i.e. NPS Act, POPI Act, SARB Act, FSRA, Cybercrimes and Cybersecurities Bill etc.        
• Coordination and management skills
• Financial Management skills and knowledge                           
• Excellent verbal and written communication skills (including report writing and presentations)
• Analytical and Problem-solving skills
• Leadership and Influencing skills