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  • Posted: Nov 27, 2024
    Deadline: Not specified
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  • SANRAL seeks to enhance your travel and road experience by strategically planning, designing, constructing, and maintaining the national road network for social development and economic growth in SA. As the custodian of the national road network, we are committed to the creation of economic value for the nation, through the provision of road infrastructur...
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    Legal Advisor: Contracts & Assurance (2601)

    MINIMUM REQUIREMENTS:

    • Bachelor of Laws/ LLB or equivalent NQF Level 8 Qualification
    • Admitted attorney or Advocate (with Pupillage from the Bar) of the High Court of SA, Member of the Law Society/ LPC
    • 5 years min relevant experience

    ADVANTAGEOUS:

    • LLM and/or specialisation by experience would be advantageous.
    • Commercial and Contract Law.
    • Proven experience in drafting, reviewing, and negotiating a wide range of commercial contracts and various legal agreements.

    KEY RESPONSIBILITIES:

    Contracts and Legal Assurance Support

    • Execute the contracts management and legal assurance workflow and operational plan to deliver the timely drafting, vetting, review and amendment of all contracts, agreements and addenda.
    • Provide legal assurance for the commercial decisions of the business supporting the overarching business strategy and commercial objectives and activities of the business.
    • Comply with pre-defined turnaround times and measuring criteria for delivery on business requests for contracts support and commercial legal assurance.
    • Implement all the protocols and procedures for the contracts and assurance functionality report on the outputs within areas of responsibilities.
    • Implement and assist with the development of contract and legal document management systems.

    Contract Drafting, Vetting, Review and Amendment

    • Provision of contracts services in various areas of expertise, including labour and employment, construction and engineering, real estate, procurement documents, land acquisition and disposal.
    • Advise the business on all contractual matters, provide contract negotiation support and comply with all laws, regulations, industry frameworks, guidelines and standards applicable to various contracts.
    • Provide guidance and support on engineering and construction-specific claims including delays, price acceleration claims and change of work claims.
    • Provide advice on construction and engineering law, including infrastructure procurement and the drafting and administering of engineering contracts.
    • Provide support to all SANRAL Commercial, Contracts and Claims Committees
    • Amend and update agreements in keeping with legal and regulatory developments within the relevant discipline.
    • Interpret clauses and provide advice to project teams during the implementation phases of the contract.
    • Ensure standards contracts are amended and drafted to be fit for purpose and comply with the legal landscape of the jurisdiction they will be executed and accord with legislative requirements.
    • Guide and provide input on the drafting, review, updating and negotiation of all types of contracts with SCM and Engineering and oversee contract finalisation.

    Legal Assurance

    • Provide business support to SCM during the tender processes, i.e. specification drafting, bid evaluation, adjudication and pre-award stages.
    • Review the tender processes from bid specification, advertising, closing, validity periods, evaluation and adjudication for legal compliance of all aspects of the tender.
    • Provide assurance reports of the tender review to bid committees on the legality of the process, legal risks and procedural and legal deficiencies identified and advise/make recommendations to business.

    Managing and Reporting of the Contracts and Assurance Unit

    • Accountable to manage and report on operational functions and outputs.
    • Keep records and manage contracts and assurance service requests.
    • Manage and execute allocation of work and responsibilities to ensure timely procurement and appointment of external service providers.
    • Provide weekly, monthly and quarterly reports to Management on Contractual and Assurance matters.
    • Compile memoranda and submission for Contract Management and Assurance to the relevant committees of SANRAL.

    go to method of application »

    Legal Advisor: Litigation (2602)

    MINIMUM REQUIREMENTS:

    • Bachelor of Laws/ LLB or equivalent NQF Level 8 Qualification.
    • Admitted attorney or Advocate (with Pupillage from the Bar) of the High Court of SA, Member of the Law Society/ LPC.
    • 5 years min relevant experience.

    ADVANTAGEOUS:

    • LLM and/or specialisation by experience would be advantageous, demonstrable record of litigation and litigation management.

    KEY RESPONSIBILITIES:

    Execute Litigation strategy and operational plan development and execution

    • Execute the Litigation Strategy to provide an effective and efficient litigation service in managing SANRAL’s litigation demands. 
    • Adopt and execute the litigation management and monitoring processes/ procedures.
    • Contract for the litigation unit Key Performance Areas in line with define operational goals and objectives.
    • Implement operational objectives and provide quality litigation management and support to business in litigated and non-litigated disputes and matters.
    • Monitor and report on litigation matters and performance deliverables in line with predefined measurement criteria and agreed performance objectives implement the agreed mechanism to improve delivery and performance of litigation services.
    • Identify Litigation Risks and elevate them in divisional meetings and structures for intervention and implementation of the appropriate measures to mitigate and prevent the risk.
    • Manage the litigation budget and expenditure on legal fees.

    Litigation Management 

    • Guide the resolution of, SANRAL claims and/or disputes through negotiation, mediation, arbitration and litigation methods, as required.
    • Advise on and guide the resolution of engineering and construction-specific claims/disputes including delays, price acceleration claims and change of work claims. 
    • Oversee the resolution of FIDIC-Contract -related issues and/or disputes through adjudication, litigation, arbitration, mediation or negotiation, as required.
    • Provide advice and defend SANRAL on infrastructure procurement matters emanating from Tenders issued by SANRAL provide advice and defend all other procurement litigation matters.
    • Manage, assess and advise on the merits of litigated matters to determine if a settlement can be reached or the matter should proceed to court.
    • Ensure timely procurement and appointment of external service providers to defend or institutive legal action for SANRAL.
    • Appoint, Instruct and consult with external legal service providers within the correct internal procedure and PFMA requirements.
    • Manage service providers’ performance and delivery in instruction.
    • Manage the litigation cycle from end-to-end and provide the appropriate instructions to avoid litigated matters becoming dormant.
    • Comply with court timelines and limit reliance on condonation, extensions, tendering of costs. 
    • Consult internal clients/business to obtain instructions, facts on the matter and report to be business on developments in their matters monthly and as and when required.

    Reduction of Legal Costs and Expenditure 

    • Review invoices and ensure that legal fees are reasonable within agreed rates.
    • Review invoices to ensure there is no overreach.
    • Appropriately reduce and remove excessive items on legal bills.
    • Use the Tariffs to determine costs of disbursements.

    Recovery of Costs

    • Manage and monitor the execution of judgements, orders, awards in favour of SANRAL at conclusion of a dispute/litigated matter.
    • Manage the recovery of costs awarded to SANRAL.
    • Ensure Legal bills are subjected to taxation/and or agreed fees and executed, engaging the services of a taxation consultant where necessary.
    • Record costs recovered and to be recovered and provide monthly and quarterly reports on the status.
    • Report monthly and quarterly.

    Management and Reporting of the functions of the Litigation Unit

    • Submit report on operational litigation.
    • Keep records and manage incoming litigation and pre-litigation disputes. 
    • Manage the equitable allocation of work and assign responsibilities to Legal Advisors and officers as required. 
    • Monitor the execution and review assigned work and responsibilities and any delays in delivery and performance. 
    • Provide weekly, monthly and quarterly reports to Management on litigation and active matters.
    • Compile memoranda and submission for Litigation to the relevant committees of SANRAL.

    go to method of application »

    Senior Manager Internal Audit: Compliance, Investigations, QAIP (2408)

    MINIMUM REQUIREMENTS:

    • A Bachelor of Commerce degree in Financial Accounting or an equivalent NQF7 qualification.
    • Must be a registered CA(SA) or RGA with a CIA designation.
    • A minimum of 10 years of public sector experience.
    • A minimum of 7 years of management experience in public sector compliance, risk management, and governance processes.
    • A minimum of 5 years of internal audit experience.

    ADVANTAGEOUS:

    • Previous experience with quality assurance and improvement program.
    • Previous experience with investigations or Registered as a Certified Fraud Examiner.

    KEY RESPONSIBILITIES:

    Strategic Functions

    • Provide input in the development of a strategic plan for the unit.
    • Oversee development of operational plan in assigned portfolio, delivery of outputs including staff and stakeholder management. 
    • Direct the identification, evaluation and monitoring of the risk areas and assist with the development of the Internal Audit Methodology and the Annual Risk Based Audit Plan and the three-year rolling plan.
    • Lead the audit function in playing a strategic role in embedding the principles of good governance and ensuring that the standards of ethical behaviour are upheld.
    • Environmental scanning and monitoring macro and micro risks impacting the Internal Audit (IA) unit and delegated functions.
    • Provide value-added assurance and consulting activities that offer proactive as opposed to detective assurance.
    • Partner more closely with key internal and external stakeholders to ensure optimal combined assurance to the Board and Management and make certain that key risks are appropriately addressed, and best practices are recommended and implemented.
    • Manage and oversee service providers' performance and project management in the execution of allocated assignments.  

    Audit Planning

    • Lead the review and assessment of systems of control, compliance, risk management and governance to determine if the organization has adequate standards/processes in place to achieve organizational objectives.
    • Supervise the performance of audits and investigations from identification and planning of projects to issuing and presenting of final reports to executive management and those charged with governance in accordance with The International Standards for the Professional Practice of Internal Auditing and best practice frameworks.  
    • Participate in the development of the annual audit plan in consultation with Management, Risk Management and the Auditor General for review and approval.
    • Conduct risk and control assessment of assigned department or functional area in established/required timeline for the development of the audit plan and the basis for planning audit projects.
    • Perform ongoing environmental scanning for emerging risks and keep abreast with all relevant legislative changes, standard operating procedures, methodology and guidelines.

    Audit Execution

    • Ensure that all assigned audits and investigations are executed as per the audit plan and agreed timelines.
    • Develop risk-based audit programmes and investigation approach and evaluate the suitability of internal control design and make recommendations on findings.
    • Manage audits and investigations to ensure that they are conducted in line with applicable standards and within the time budgets and timelines determined as per the audit plan.
    • Suggest and perform consulting and advisory engagements to add value to the organization.

    Audit Project Quality

    • Ensure that policies, procedures, and guidelines, which impact on functional areas are in place, cascaded and are clearly understood, while determining the level of internal compliance (in terms of Quality Assurance standards (IIA) in line with Internal Audit methodology.
    • Maintain and provide recommendations to improve standard operation procedures for internal auditing.
    • Training of audit team members on applicable standards.  

    Audit and Management Reporting

    • Validate the accuracy of findings and decide on severity of weaknesses
    • Recommend solutions for improvement of processes and controls.
    • Draft audit findings for improvements in the economy, efficiency, and effectiveness of controls, risk, and governance of audit areas.
    • Coordinate activities and involvement with various internal stakeholders to finalise audit reports.
    • Provide feedback reports on status of projects highlighting significant weaknesses and suggested improvements.
    • Compile reports to management committees and the audit committee.

    Investigations

    • Ensure all assigned investigations are executed in line with applicable Codes and Standards
    • Ensure value-add insights and implementable recommendations are communicated to management and those charged with governance.  

    Quality Assurance and Improvement Programme

    • Support CAE in conceptualizing and implementing an effective Quality assurance and improvement programme in line with the Standards.

    Financial Management

    • Responsible for managing allocated budget and assisting the Chief Audit Executive with internal audit budget and financial management of the internal audit function.
    • Review and assess the effectiveness of financial controls within allocated centre and Internal Audit function.

    go to method of application »

    Senior Manager Internal Audit: Engineering (2405)

    MINIMUM REQUIREMENTS

    • A formal NQF 8 qualification in Engineering (Civil).  
    • Registered as a Professional Engineer/Engineering Technologist with the Engineering Council of South Africa (ECSA).
    • A minimum of 10 years engineering experience in build construction.
    • A minimum of 5 years’ experience in auditing construction build projects. 

    ADVANTAGEOUS

    • A certificate / qualification in auditing, finance, or business management.

    KEY RESPONSIBILITIES

    Strategic Functions

    • Provide input in development of strategic plan for the unit.
    • Oversee development of the operational plan in assigned portfolio and delivery of outputs including staff and stakeholder management. 
    • Direct the identification, evaluation and monitoring of the risk areas and assist with the development of the Internal Audit Methodology and the Annual Risk Based Audit Plan and the three-year rolling plan.
    • Lead the audit function in playing a strategic role in embedding the principles of good governance and ensuring standards of service excellence and ethical behaviour are upheld.
    • Lead the delivery of assigned components/audits including quality assurance responsibilities
    • Environmental scanning and monitoring of macro and micro risks that impact IA unit and delegated functions.
    • Provide value added proactive assurance and consulting activities
    • Partner closely with key internal and external stakeholders to ensure optimal combined assurance to the Board and Management and make certain that key risks are appropriately addressed, and best practices are recommended and implemented.
    • Manage and oversee service providers' performance and project management in execution of allocated projects.  
    • Liaise with consulting engineers and contractors around assigned tasks and responsibilities

    Audit Planning

    • Lead the review and assessment of systems of control, compliance, risk management and governance to determine if the organization has adequate standards/processes in place to achieve organizational objectives.
    • Supervise the performance of audits from identification and planning of projects to issuing and presenting of final reports to executive management and those charged with governance in accordance with The International Standards for the Professional Practice of Internal Auditing and best practice frameworks.
    • Participate in the development of the annual audit plan in consultation with Management, Risk Management and the Auditor General for review and approval.
    • Conduct risk and control assessment of assigned department or functional area in established/required timeline for the development of the audit plan and the basis for planning audit projects.
    • Perform ongoing environmental scanning for emerging risks and keep abreast with all relevant legislative changes, standard operating procedures, methodology and guidelines

    Audit Execution

    • Ensure that engineering project risks are adequately covered and responded to.
    • Oversee proactive assurance reviews as mandated by management and the board.
    • Ensure that all assigned audits are executed as per the audit plan and agreed timelines.
    • Develop risk-based audit programmes and evaluate the suitability of internal control design and make recommendations on findings.
    • Manage audits to ensure that they are conducted in line with applicable standards and within the time budgets and timelines determined as per the audit plan.
    • Suggest and perform consulting and advisory engagements to add value to the organization.
    • Drive implementation of combined assurance framework and increased reliance by AGSA on internal audit work

    Audit Project Quality

    • Ensure that policies, procedures, and guidelines which impact functional areas are in place, cascaded, and are clearly understood while determining the level of internal compliance (in terms of Quality Assurance standards (IIA) in line with Internal Audit methodology.
    • Maintain and provide recommendations to improve standard operation procedures for internal auditing.
    • Training and capacity building of audit team members  

    Audit and Management Reporting

    • Validate the accuracy of findings and decide on the severity of weaknesses
    • Recommend solutions for improvement of processes and controls.
    • Draft audit findings for improvements in the economy, efficiency, and effectiveness of controls, risk, and governance of audit areas.
    • Coordinate activities and involvement with various internal stakeholders to finalise audit reports.
    • Provide feedback reports on the status of projects highlighting significant weaknesses and suggested improvements.
    • Compile reports to management committees and the audit committee.

    Project and Financial Management

    • Responsible for managing allocated budget and assisting the Chief Audit Executive with internal audit budget and financial management of the internal audit function.
    • Review and assess the effectiveness of financial controls within allocated centre and Internal Audit function.

    Method of Application

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