Snior Restitution Advisor at Department of Land Reform and Rural Development

REQUIREMENTS : Minimum requirements:

• Applicants must be in a possession of a Grade 12 Certificate and an appropriate LLB or B Proc Degree (NQF Level 7) or any related equivalent qualification. Minimum of 6 years extensive post-qualification legal professional and advisory experience with 4 years supervisory experience. Experience in conveyance and vetting of documents. Post qualification experience in court litigation. A valid driver’s licence.

DUTIES :

• Ensure legal compliance to the Restitution of Land Rights Act. Check research reports e.g. Rule 3, Rule 5 and Non-compliance reports. Attend stakeholder’s engagements after gazetting. Check representation by landowners and other interested parties. Check response to the representations by landowners. Check Gazette Notices. Check valuation analysis and offers to both claimants and landowners. Check Section 42D. Attend to negotiations with the farmer / landowner. Prepare response to the representation for the farmer / landowner. Check first draft of Section 42E expropriation. Attend to service of the notice of possible expropriation. Attend to receive and peruse the representations by landowners in response to the notice of possible expropriation. Check second draft of Section 42E expropriation. Attend to serve the final notice of expropriation. Check claimant verification. Check Communal Property Associations (CPA1) to CPA8 and CPA constitution. Check deed of trust. Liaise with the landowners.
• Check financial compensation files for payment. Participate in all meetings upon instructions to attend and provide legal responses where required. Check legal monthly reports. Submit legal monitor to National Office. Coordinate litigation support in the restitution branch. Draft referrals. Draft memorandum requesting the Regional Land Claims Commissioner (RLCC) to sign the notice of referral. Attend to make copies and issue the notice of referral at court. Receive and peruse court papers filed against the office e.g. notice of motions for interdicts, reviews, applications to compel, Summons, and other court proceedings. Draft memorandum informing National Office about the new matter and request instructions from the Chief Land Claims Commissioner (CLCC). Draft letters of instruction to State Attorney and request appointment of Counsel. Attend to supply the required documents and any other information concerning the case. Facilitate the signing of the replying documents e.g. opposing affidavits, answering affidavits. Attend to draft report on the progress on cases to the CLCC regularly. Issue notice of instruction to appoint State Attorney. Facilitate the process of legal representation. Exchange of court document (pleadings).
• Attend courts hearings. Attend pre-trials both telephonically and face to face. Serve referrals and other court documents to interested parties. File the notice of referrals. Facilitate the implementation of court orders. Attend consultations with State Attorney and Advocates. Draft legal documents in respect of the Restitution Act, regulations and policies of the commission. Draft legal documents for deed of sale. Draft memorandum request signing of the sale agreement. Draft correspondences to various stakeholders e.g. Attorneys, Companies, Claimants e.t.c. Draft settlement agreement e.g. financial compensation and transfer of state land. Draft memorandums requesting signing of settlement agreements. Draft lease agreement. Draft caretakership agreement. Facilitate adoption of CPA constitution. Facilitate the elections of the CPA. Draft legal opinion and other legal documents. Transfer private and state land. Draft CPA constitution, CPA1 - CPA8 documents required for the formation of CPAs. Facilitate CPA workshops. Prepare financial compensation submission. Manage transfer of properties and establishment of legal entities. Sign agreements for both parties. Facilitate transfer of payments. Issue instruction to conveyancers. Monitor the transfer regularly on the weekly basis and inspection. Issue instruction to State Attorney for transfer and pay the balance. Issue instruction to State Attorney inclusive of Section 42D. Request clearance rates from municipality.
• Prepare memorandums for payment of rates. Acquire proof of payment of rates. Obtain certificates from municipality. Monitor the transfer process until the end and inform the claimants. Conduct research in respect of special projects such as expropriations and legislation emanating from land reform components. Liaise with Research Institutions for research and data collection purposes. Analyse collected data, develop and provide inputs towards the development of policies that will govern the special projects. Consult case laws and other legislations for legal opinions.