Jobs

Legal advisor: Commercial & Contracts Position at Transnet

admin April 17, 2023

4 minutes read

DEADLINE: 25.04.2023

Legal advisor: Commercial & Contracts Position at Transnet

It is to provide TP Business and Management with professional, comprehensive and credible legal advice as well as support on corporate, property and commercial law; the prospective incumbent will further support the Head of Legal to ensure that TP operates its functions and powers in a lawful manner by safeguarding the legal interests of TP in all its dealings with internal & external parties in respect to commercial contracts, procurement related disputes and contracts, lease contract, alienation and acquisition (DOS), rights, agreement issues, governance, and legal risk management and other legal related matters.

Position outputs:

Provide accurate written & verbal legal opinions to Management regarding the interpretation of legislation, policies, procedures and all business/operational issues of a legal nature.
Provide Legal Advisory services to the Transnet Property Procurement Function in developing RFPs, drafting and reviewing contracts to ensure they comply with Legislation and Transnet policies.
Ensure the provision, development and management of enabling legal support, advice, and assistance on various corporate and property law matters.
Advise Transnet on new and existing commercial and business transactions so that legal risks are identified and legal requirements are met in all business transactions.
Representing Transnet in negotiations on business matters with legal implications.
Advising on property alienations and acquisitions and the leasing function, as well as drafting transaction agreements. Assist the Senior Legal Advisor in Participating in Deal structuring.
Ensure management of risks in transactions.
Provide professional and credible contract management services in Transnet to ensure that all contracts are signed with service providers and adhered to within the required service standards.
Provide legal support in respect of contract management and provide legal input into the procurement process. Provide professional and credible legal drafting services in Transnet so that legally compliant documents,
service/procurement contracts, service level agreements, MOUs, leases, alienation and acquisition contracts are drafted and implemented in Transnet.
Negotiate, draft and review contracts to be entered into by the Company with service providers. Provide legal advice to TP, particularly in negotiations of contracts.
Perform reviews regarding in particular the form of agreements used by the TP.
Prepare, analyse, comment and interpret a variety of legal documents on matters relating to corporate law, property law and commercial law so that professional legal opinions and comments are provided to Transnet.
Actively contribute in assisting the Senior Legal Advisor in developing, implementing and monitoring corporate law frameworks, policies, procedures and uniform norms and standards for the provision of legal services and management of legal risk.
Provide input into the drafting and review of policies and procedures against the governance and policy framework.
Liaise with external legal firms on the provision of specialist advisory services around various corporate law, property law and commercial law issues, as may be directed by t.
On behalf of Transnet, may be required to assist in co-ordinating submissions on any draft legislation or regulatory directives so that Transnet makes legal submissions to the Government on legislation affecting them.
Analyse, comment and interpret legislation relevant to Transnet and assisting in developing a risk management strategy for the organisation.
Participate in the undertaking of legal due diligence exercises to identify and mitigate legal risks facing Transnet. Develop, gain approval for, implement and monitor property law frameworks, policies, procedures and uniform norms and standards for the provision of legal services and management of legal risk.
Provide input into the drafting of policies and procedures against the governance and policy framework.
May be required to assist the Senior Legal Advisor to negotiate and advise from a strategic point of view on all material agreements with suppliers or clients of Transnet.
Provide legal advice to Transnet teams in respect of all the disposal processes of non-core assets of Transnet, ensuring compliance with all applicable legislations.
Ensure that there is compliance in all respects with the PFMA and all relevant legislation impacting on Transnet.
Participate in various Committees within Transnet as requested and provide effective legal support in the various committees. Draft and review applicable line management documents, including delegation of authority letters, powers of Attorney and content documents.
Assist Senior Legal Advisor to Conduct due diligence on procurement tendering process. Conduct legal research, Drafting of legal opinions and provision of ad hoc legal advice. Provide comments on reports.

Qualifications & Experience:

LLB degree and admission as an Attorney is a minimum requirement.
2-5 years post admission experience and a Minimum 2 years post admission experience (in-house)
Must have experience in the management of matters in relation to property law, commercial, drafting and review of contracts administrative law matters as well as litigation matters
Requirement of Trust and Honesty in the handling of Finances as per the National Credit Act Amendment 19

Competencies:

Knowledge of relevant legislation and legal principles – All related contracts law, Property law, Promotion of Administrative Justice Act (PAJA), Commercial Law and /or litigation matter.
Legal interpretation and drafting skills
Knowledge and understanding of the relevant Policies and legislative framework applicable to SOEs.