Senior Legal Specialist at Housing Development Agency (HDA)

Ref: HDA SLP01

Main Purpose: To provide the HDA with accurate and relevant legal, compliance support and advice to minimise risks and ensure effective contractual arrangements and statutory compliance.

Key Performance Areas:

Strategic Management

• Assist the Manager: Corporate Legal in reviewing the HDA strategy from a legal perspective and ensure compliance
• Assist the Manager: Corporate Legal in developing the HDA legal department with special emphasis on contractual, land legal and intergovernmental relations and legal compliance
• Assist the Manager: Corporate Legal in developing implementation plans to ensure that the HDA legal strategy is implemented
• Assist the Manager: Corporate Legal in monitoring, managing and implementing the plans to ensure that legal strategy is achieved

Policy Review and Implementation

• Contribute to the development and implementation of departmental policy, procedures and processes
• Keep up to date with effective policy and practice execution strategies

Contract Management

• Draft and vet procurement and/or other commercial contracts
• Draft all contracts for the HDA including but not limited to:
• Employment contracts
• Service provider contracts
• Land purchase and disposal contracts
• Land and building management contracts
• Service level agreements
• Project management agreements
• Memoranda of Understanding
• Intergovernmental relationships related agreements
• Terms and conditions of Employment contracts
• MTOP’s, IP, etc.
• Review all contracts signed by the HDA
• Monitor and report on the status of contracts and other agreements drafted/vetted
• Draft legal terms to accompany bid specifications
• Provide input and advice on appropriateness of contracts and recommended or required amendments
• Guide the development of strategic contracting and contract management approaches
• Recommend all contracts for signature or amendments to the authorized HDA signatories
• Compile legal reports on contractual disputes
• Conduct research on legal and contractual issues/disputes
• Update contracts register
• Maintain an updated in the share folder

Legal Management Support and Litigation

• Review and interpret relevant documentation, statutes and information in order to determine the appropriate HDA position
• Provide legal advice to all HDA management as required
• Review legal and contractual environment and identify potential risks
• Provide advice on any disputes, litigation or arbitration related matters
• Represent HDA in litigation and dispute resolution processes and procedures as appropriate
• Manage service providers providing advice or legal representation to HDA
• Represent the HDA in providing legal support and specialist advice to stakeholders and partners
• Participate in and contribute to the IGR legal forum
• Represent the HDA in internal and external litigation and dispute matters
• Be well versed in administrative and employment law and applicable legislation

Legal Advice

• Provide legal advice on all legal matters impacting on the organisation
• Conduct legal research and prepare legal opinions
• Keep abreast with legal developments that might affect the organisation
• Advise on legal risks impacting the organisation

Stakeholder Management and Service Provider Management

• Assist the legal manager in establishing the legal panel for respective areas of expertise
• Instruct and manage legal service providers with consultation and approval from Legal Manager
• Monitor performance in line with briefs provided
• Manage all litigation undertaken by service providers
• Manage legal expenditure on service providers in line with the approved budgets and in consultation with the Manager: Corporate Legal
• Facilitate and manage communication with relevant internal and external stakeholders in relation to investments and proactively and progressively manage the relationships
• Manage relationships with vendors, service providers or procurement teams and ensure that all relevant procured items are invoiced and paid on time

Statutory Compliance and Governance

• Ensure that the HDA regulations are relevant and updated to enable the HDA to carry out its mandate as per HDA act
• Review statutes and policies to ensure alignment to legislation and regulations.
• Ensure HDA compliance with relevant legislation
• Develop relevant policies and review statutes and policies aligned to all legislation and regulations as and when required.
• Interpret statues and potential implications for the HDA
• Development and review of policies and procedures to ensure legal compliance
• Advise the HDA on governance issues in accordance with the PFMA / King III / HDA Act and all relevant legislation
• Assist with Board Administration (if required)
• Support with management of all legal activities within the HDA
• Knowledge of OSH
• Support and manage IR matters
• Knowledge of Land Legal matters and able to support the Land and other departments
• Knowledge of Contract Management
• Identify legal obligations and risks for the HDA

Qualifications & Experience

• Legal degree (LLB) and Admission as an Attorney or Advocate.
• A minimum of 5 – 8 years’ experience with experience in contract law, commercial law and labour law
• Extensive experience in PFMA and Treasury Regulation, Directive and Practice Notes
• Experience in carrying out investigations and leading evidence in disciplinary cases
• Experience in commercial litigation.
• Knowledge, insight and experience of the public and private sector human settlement environments would be preferable