CONSTRUCTION EDUCATION AND TRAINING AUTHORITY (CETA)
SENIOR MANAGER: LEGAL AND COMPLIANCE (REFERENCE: CETA- SM: L&C-001) BACKGROUND ON CETA The Construction Education and Training Authority (CETA) is a Schedule 3A Public Entity established in terms of the Skills Development Act, No.97 of 1998. It exists primarily to facilitate training and skills development in the construction sector within the context of the National Qualifications Framework (NQF) Act. The CETA has its licence period that will expire on 31 March 2030 and seeks to appoint experienced and ethical individual for the Senior Manager position indicated below. THE POSITION SUMMARY Job title: Senior Manager: Legal and Compliance Job Level: Senior Management (Grade D4 Upper, per Patterson grading) Reports to: The CEO Department: CEO’s Office Location: CETA Head Office: Midrand, Gauteng 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. 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. REMUNERATION AND BENEFITS Remuneration for this role is a negotiable Total Cost to Company (CTC) package per annum, in line with the CETA Remuneration Policy and the applicable salary scales. A competitive package will be negotiated to attract best candidates. The appointment will be for a fixed term not exceeding 5 years, subject to satisfactory performance as per Performance Policy of the CETA. PLEASE NOTE Shortlisted candidates will be subjected to vetting and assessment process by the CETA; with the successful candidates subjected to security vetting. Interested applicants should send an application letter together with a detailed Curriculum Vitae with the vacancy/position title in the subject line, certified copies of academic qualifications and names of three contactable referees via email: managementrecruitment@ceta.co.za Enquiries: Email: molebogengt@ceta.co.za Please note the following contact details are for enquiries about JOB CONTENT ONLY and NOT for application purposes. CETA will not consider late applications. The CETA reserves the right to cancel this advert, and / or not to appoint. CETA will only correspond with shortlisted candidates. If you do not receive correspondence from CETA within 4 weeks of the closing date, please consider your application unsuccessful. Closing date: 09 FEBRUARY 2023 at 18h00. “CETA is committed to providing equal opportunities and practicing affirmative action employment. It is our intention to promote representativity (race, gender, disability) in the organisation through filling of this position and candidates whose appointment will promote representativity will receive preference”. Board Members: Mr. T. Masombuka (Chairperson), Mr. R. Mnisi (Employer), Mr. D. Masimene (Employer), Mr. P. Vilakazi (Labour), Ms. S. Maseko (Labour), Ms. R. Mohetoa (Labour), Mr. S. Mlangeni (Labour), Mr. J. Mpe (Labour), Ms. V. Nene (Government) CEO: Mr. M. Shezi OFFICER: LEGAL AND COMPLIANCE (REFERENCE: CETA-O:LC-001) BACKGROUND ON CETA The Construction Education and Training Authority (CETA) is a Schedule 3A Public Entity established in terms of the Skills Development Act, No.97 of 1998. It exists primarily to facilitate training and skills development in the construction sector within the context of the National Qualifications Framework (NQF) Act. The CETA has its licence period that will expire on 31 March 2030 and seeks to appoint experienced and ethical individual for the position indicated below. THE OFFICER POSITION SUMMARY Job title: Officer: Legal and Compliance Job Level: (Grade C3 Lower, per Patterson system) Reports to: Senior Manager: Legal and Compliance Department: CEO’s Office Location: CETA Head Office: Midrand, Gauteng JOB PURPOSE AND PROFILE To provide administrative support to the Legal and Compliance unit by conducting research related to the laws and legal issues pertaining to the CETA’s operations; preparing legal documents and providing key support to the CETA in the execution of the overall strategy. RESPONSIBILITIES: • Contribute to the development of the Legal and Compliance strategic and annual performance plans for CETA. • Conduct research on factual and historical background of specific cases and outcomes relevant to the CETA’s operations. • Conduct research on the latest developments in the legal system and other relevant matters necessary for the preparation of legal opinions. • Monitor the status of on-going litigations and provide update reports to the Senior Manager: Legal and Compliance and other relevant stakeholders. • Obtain required documents from relevant entities when gathering information for litigation cases. • Assist in the filing of complaints, motions, petitions and other pleading before various Courts and administrative and quasi-judicial bodies. • Assist in preparing legal opinions, working papers and reports on legal and compliance work. • Assist in preparing briefs and preliminary drafts of legislative material relating to the CETA. • Develop and maintain a database of laws, judgements, contracts, precedents and other related material relevant to the CETA’s operations. • Coordinate and provide administrative support to the Legal and Compliance unit to ensure the effective and efficient coordination of policy development efforts and the monitoring of policy enforcement throughout the CETA. • Coordinate input from all business units in the development of policies for the CETA, consistent with the strategic goals and objectives. • Identify gaps in current policies and related processes and advise the relevant business unit. • Establish and maintain a policy repository accessible to all stakeholders. • Compile reports on policy changes for submission to the Board and relevant Board Committees for approval in consultation with the Board Secretary. • Convene and serve as secretary of Policy Development Committee. • Support and provide evidence to all internal and external audit requirements. • Review related Standard Operating Procedures in consultation with the Manager: Legal and Compliance to ensure business processes’ optimisation. • Assist in dispute resolutions. • Supervise, empower, coach and /mentor interns that are assigned to the business unit. • Contribute to the financial sustainability of CETA by ensure no wasteful and fruitless expenditures are incurred in the area of responsibility. • DESIRED SKILLS, EXPERIENCE AND COMPETENCIES • Bachelor’s Degree / Qualification in Law / Legal Administration / Corporate Law at NQF 7 or higher. • Specialisation in company Law / Labour / Contract Management will be an advantage. • At least 3 years relevant experience in corporate law or legal and compliance function in a highly regulated environment. • Experience in policy development. • Knowledge of Administrative, civil, criminal, corporate and contract law. • Knowledge of all legislation all applicable legislations. The following Attributes are necessary to succeed in this role: • Punctual, self-discipline and a 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. • Deadline driven. • Adaptable and problem-solver. • Excellent negotiation and organising skills. • Innovative and creative self-starter. • Ability to work with difficult individuals. OTHER REQUIREMENTS • Willingness to, as may be required to work extensive hours. • Ability to meet tight deadlines. • Undertake and perform any additional functions as appropriate and/or directed by Senior Management / Executives. • Upholding high ethical standards and own values align with new CETA culture and values. REMUNERATION AND BENEFITS Remuneration for this role is a negotiable basic plus benefits package per annum, in line with the CETA Remuneration Policy and the applicable salary scales. A competitive package will be negotiated to attract best candidates. The appointment will be a long term appointment linked to CETA licence, subject to satisfactory performance as per Performance Management Policy of the CETA. PLEASE NOTE Shortlisted candidates will be subjected to vetting and assessment process by the CETA; with the successful candidates subjected to security vetting. Interested applicants should send an application letter together with a detailed Curriculum Vitae with the vacancy/position title in the subject line, copies of academic qualifications and names of three contactable referees via email: officerlegal@ceta.co.za Enquiries: Email: nokwandad@ceta.co.za Please note the following contact details are for enquiries about JOB CONTENT ONLY and NOT for application purposes. CETA will not consider late applications. The CETA reserves the right to cancel this advert, and / or not to appoint. CETA will only correspond with shortlisted candidates. If you do not receive correspondence from CETA within 4 weeks of the closing date, please consider your application unsuccessful. Closing date: 09 FEBRUARY 2023 at 18h00. “CETA is committed to providing equal opportunities and practicing affirmative action employment. It is our intention to promote representativity (race, gender, disability) in the organisation through filling of this position and candidates whose appointment will promote representativity will receive preference”. Board Members: Mr. T. Masombuka (Chairperson), Mr. R. Mnisi (Employer), Mr. D. Masimene (Employer), Mr. P. Vilakazi (Labour), Ms. S. Maseko (Labour), Ms. R. Mohetoa (Labour), Mr. S. Mlangeni (Labour), Mr. J. Mpe (Labour), Ms. V. Nene (Government) CEO: Mr. M. Shezi
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