Senior Manager: Legal and Compliance - Midrand at Construction Education & Training Authority (CETA)

JOB PURPOSE AND PROFILE 

• To oversee and manage the Legal and Compliance unit of the CETA to ensure compliance to all relevant legislation and to proactively identify and manage potential risks and litigations. This include provision of ongoing support to executive management and staff on legal implications of contracts and transactions, with specific responsibility for drafting contracts and instituting and defending any legal proceedings, where required.

RESPONSIBILITIES: 

• Manage and lead the CETA Legal and Compliance unit in ensuring sound and effective corporate governance and legal risk management is effective.
• Develop and implement CETA legal strategy and legal risk mitigations plans, including Legal and Compliance unit Operational Plans.
• Drive continuous innovation by ensuring the development, alignment and implementation of best practice Legal and Compliance services and protocols within the CETA.
• Oversee all CETA new and ongoing litigations, attend Court and Arbitration hearings as and when required.
• Ensure legal compliance of contracts, MOUs and MOAs and Service Level Agreements (SLA); by ensuring that all CETA contracts are legally vetted as legally sound before signature.
• Review and/or provide legal opinions, advice on contracts and SLAs.
• Ensure quality control and compliance with policies, procedures, regulations and standards at CETA.
• Deal with the legal aspects of disciplinary inquiries, labour disputes and litigation on labour related matters.
• Drafting contracts and ensure effective and efficient contract management processes are established and monitored. This includes ensuring the creation and maintenance of a comprehensive contracts register of all contracts within CETA.
• Drafting of court papers and legal opinions, undertake legal research as required by the CETA to inform the decision-making process and provide advice on various organisational matters. 
• Ensure and oversee the drafting of letters in response to complaints and/or letters of demand from attorneys representing external parties.
• Prepare dossiers on both Court and Arbitration proceedings in defence of CETA’s cases.
• Planning and managing the financial and human resources of the Legal and Compliance unit.
• Report and present to the Board on all litigious matters and advise the Board to make informed strategic decision on such matters.
• Provide legal advice/assistance in the formulation / review of policies and procedures to ensure that CETA complies with all relevant legislation as well as its constitutional mandate. 
• Assist Executive Management in the interpretation of any legal documents and make recommendations and/ or comments thereon, including legal advice or comments on reports that must be tabled, where required or requested.
• Ensure that legal processes are timeously attended to including serving of summons or applications, affidavits, conclusion of settlement agreement as well as attendance of Court hearings.
• Ensuring support for stakeholders towards compliance with the CETA’s policies; processes and procedures; rules and regulations; and relevant legislations.
• Development and oversee the implementation of Legal and Compliance Service Standards and business scorecard for the achievement of CETA overall Scorecard. 
• Perform risk assessments, including the analysis proposing mitigation controls for such risks for the Department and inclusion on the CETA Strategic Risk registers. 
• Ensuring regular reporting on compliance and legal reporting responsibilities to the relevant authorities.
• Create and maintain a culture of performance and efficiency, i.e., determining measurable indicators and incorporating project management methodologies and frameworks within the CETA Legal and Compliance business unit daily operations.
• Ensure sound relations with the CETA’s stakeholders.
• Oversee performance management and the development of all CETA staff within the Strategic Support units.
• Establish processes and routines that ensure the CEO’s and Accounting Authority’s decisions are implemented and tracked for future decision-making impactfulness. 
• Perform any other relevant duties as directed by the CEO.

SPECIFIC DELIVERABLES EXPECTED

• Credible CETA Legal and Compliance Strategy and Operational Plan.
• Legal and Compliance standard templates and reports.
• Legal opinions and advisory notes.
• Accurate, complete and credible CETA Monthly and Quarterly Legal and Compliance Reports supported by reliable evidence. This includes regular performance dashboards, metrices and indices, where relevant.
• CETA Legal and Compliance unit’s Service Standards, and monthly progress reports against such.
• CETA overall stakeholder experience improvement reports.

Requirements

DESIRED SKILLS, EXPERIENCE AND COMPETENCIES

• LLB, BCom (Law) qualification or equivalent at NQF 7 level or higher. 
• Post Graduate degree LLM Degree (NQF 8) or Masters qualification are an added advantage.
• Minimum 8 to 10 years’ experience as legal advisor in a regulatory environment.
• Minimum three of five (5) years’ experience in a management role.
• Admission as Advocate / Attorney is mandatory.
• Knowledge of Administrative, civil, criminal, corporate and contract law.
• Extensive experience in providing professional, credible, accessible and quality-assured legal services. At least 5 years relevant and practical experience in Administrative Law, Public and Constitutional Law, Law of Contract, Procurement laws, policies and prescripts, Labour Law, disciplinary and labour relations matters, including dealing with CCMA and Labour Court cases, Civil Litigation in the High Court and the Magistrates’ Court, the Companies Act, PFMA, Treasury Regulations, PPPFA regulations, SDA and SDLA, etc.
• Proven experience in leading and directing teams.
• Computer literacy: Advanced Excel and Data Analytical skills are required

The following Attributes are necessary to succeed in this role:

• Self-discipline and motivated team player. 
• Ethical consciousness and conduct in all dealings with the matters of CETA. 
• Emotionally intelligent and communicates well across all levels.
• Analytical and pay attention to detail.
• Strategic thinker and problem-solver. 
• Value-adding advisor to the processes of the organisation.
• Independent, objective and impartial.
• Excellent negotiation skills.