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Transnet is the largest and most crucial part of the freight logistics chain that delivers goods to each and every South African. Transnet freight rail has approximately 38 000 employees, who are spread throughout the country. Transnet Limited, operating and controlling South Africa’s major transport infrastructure, is also responsible for ensuring that the country’s transport industries operate according to world-class standards. Transnet forms an integral part of the Southern African economy.
Position Purpose:
- To support TPT management and executives by providing effective professional and credible legal advice on Commercial, Procurement and Administrative Law to ensure sound decision making within relevant Governance Structures.
Position outputs:
Provide and manage legal advice to the organisation, with a focus on revenue and procurement contracts. The work will include:
- Providing legal advice on contracts, contracting arrangements and procurement including commercial law, providing legal advice on tender processes, tender documentation and probity arrangements
- Advising in relation to other legal documents and processes
- Assisting to manage Competition Act compliance Framework programme
- Establishing, managing and maintaining a legal opinion database
- Keeping up to date in areas of law relevant to the activities and functions of TPT Commercial and Transnet Group Commercial
Key tasks:
- Provides specialist legal advice and assistance in relation to contracts, contracting arrangements and documentation
- Provides specialist legal advice on commercial arrangements and commercial agreements
- Where applicable, manages the referral process to specialist law firms in relation to commercial matters
- Holds and maintains a database of legal opinions
- References legal opinions in ‘like’ scenarios to ensure consistency of legal advice and minimise expenditure on legal bills
- Manages the legal aspects of any procurement and revenue generating contracts entered by the organisation
- Patent and trademark registration
- Patent and trademark protection.
- All infringement claims successfully defended
- Providing strategic and day-to-day competition law advice and solutions on projects and initiatives promoted by the business to ensure any potential competition law and merger control implications are considered and accounted for in developing new strategies, policies, products.
- Assessing and coordinating merger control filings.
- Cooperating with and coordinating responses to competition regulators, including in relation to the cross field between competition rules and Transnet business practices.
- Handling competition law investigations against Transnet globally.
- Establishing and maintaining relationships with relevant authorities.
- Ensuring implementation, maintenance and development of the competition compliance program, including the Competition
- Compliance Framework and the associated Guidelines.
- Report monthly to the GM: Commercial Law on all commercial law disputes that may pose a reputational risk to Transnet.
- Advising on and managing complaints to and from the Competition Commission and related litigation.
- Provide advice to all Transnet Divisions on all Competition Law complaints and related litigation matters.
- Interact with Transnet Executives on matters that are risk to Transnet.
Qualifications & Experience:
- LLB, is required.
- The incumbent is required to be an admitted Attorney or Advocate.
- At least 8 to 10 years’ experience, of which 5 years must be at senior management within a legal environment with focus or specialization on Commercial (including mergers and acquisitions), Competition, Procurement and / or Administrative fields of law.
- Requirement of Trust and Honesty in the handling of Finances as per the National Credit Act Amendment 19
Standard Job Requirements
- Driver’s license code 08
- Travel as required and approved
Competencies:
Core Legal Knowledge & Skills
- Knowledge of relevant laws, legal principles and accepted legal methodology
- Knowledge of company business
- Legal Risk Management
- Governance Support
- Operational Management Support
- Contract Support
- Litigation Support
- Professional Development of Legal Staff
- Development and empowerment of staff and stakeholders
- Engagement of legal profession
- Technological skills
Behavioural Competencies:
Strategy & Sustainability
- Strategic Thinking
- Translates strategies into measurable goals and objectives to achieve the organisations vision.
Commercial Awareness
- Keeps abreast of internal and external factors that can impact the business; is aware of developments in organisational structures, economics and politics where relevant
Innovating
- Generates new ideas or solutions by thinking "outside of the box"; reviews current processes or systems and identifies ways to optimise them
Inspirational Leadership
- Inspiring People
- Inspires, motivates and empowers team members to do their best
Managing Talent
- Provides clear direction and sets performance standards/requirements for the team.
Leading Change
- Manages and directs change initiatives.
Embracing Diversity
- Manages and promotes equal opportunity and has an appreciation for diversity in the workplace.
Business Performance and Delivery
Lead Business Performance
- Manages the business to be more efficient and effective
Strategic Decision Making
- Is decisive and takes full accountability for decisions
Business Acumen
- Understands and deals with various business situations using obtained knowledge and a broad spectrum of expertise
Analysing
- Thinks in a systemic way and is open to new approaches
- Relationship Management
Communicating Effectively
- Communicates the business strategy and objectives in a clear and manner
Collaborating and Networking
- Build wide and effective relationships with people inside and outside of the organisation to help achieve the organisations goals and objectives.
Service Orientated
- Leads by example; strives for a customer centric culture where everyone acts with the customer in mind
- Persuading and Influencing
- Identifies and influences key decision makers using strong persuasive techniques that leads to buy-in
Corporate Governance & Compliance
- Leading Governance
- Always work in the best interest of the organisation and aligns business practices to the ethical obligations and good corporate governance.
Leading Safety Practice
- Takes full responsibility for adherence to safety practices within the department
Leading Risk Management
- Drives and embeds sound risk management practices
- Personal Mastery
Learning and Applying Expertise
- Shows an openness to undertake activities to enrich and improve self
Resilience
- Perseveres and overcomes obstacles; faces challenges with confidence and bravely
Emotional Intelligence
- Is aware of own emotions and can keep emotions under control during difficult situations
Vigour & Personal Drive
- Accepts and tackles demanding goals with enthusiasm