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SOUTH AFRICAN NATIONAL ROADS AGENCY (SANRAL)
 

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MANAGER: CONTRACTS & LEGAL ASSURANCE
National
Permanent     
 
Description
 
POSITION OBJECTIVE
The successful candidate will be responsible for managing and overseeing the entire lifecycle of contracts and agreements, including drafting, vetting, reviewing, and negotiation. You will play a critical role in providing expert legal advice and assurance to SANRAL's Bid Committees throughout the tender process, ensuring compliance and sound decision-making at all bid stages. Additionally, you will lead, mentor, and develop a team of Legal Advisors and Legal Officers, fostering their growth and ensuring the delivery of high-quality legal services.
 
MINIMUM REQUIREMENTS
  • Bachelor of Laws/ LLB at an NQF level 8.
  • Admitted Attorney or Advocate (with Pupillage from the Bar) of the High Court of SA, Member of the Law Society/ LPC.
  • A minimum of 10 years relevant experience.
  • A minimum of 5 years managerial experience.
  • Proven experience in drafting, reviewing, and negotiating a wide range of commercial contracts and various legal agreements.
 
ADVANTAGEOUS
  • LLM and/or specialisation by experience would be advantageous
  • Commercial and Contract Law
 
WORKPLACE COMPETENCIES
  • Governmental landscape and regulations: Knowledge and understanding of the government and public sector landscape and the regulatory and legislative operating environment.
  • Corporate legal knowledge: Knowledge and understanding of a wide scope of legislation which includes, but is not limited to the:
           -Preferential Procurement Policy Framework Act,
           -Public Finance Management Act,
           -South African National Roads Agency SOC Limited Act,
           -National Treasury’s Regulations,
           -Constitution of the Republic of South Africa and all other related legislations.
           -Companies Act
           -Environmental Legislation
  • Engineering legal knowledge: Knowledge and understanding of engineering-specific legislation with which SANRAL must comply, especially the FIDIC suite of contracts.
 
KEY RESPONSIBILITIES
 
Contracts and Legal Assurance Planning and Management
  • Develop a contracts management and legal assurance workflow and operational plan to execute, manage and deliver the timely drafting, vetting, review and amendment of all contracts, agreements and addenda and for the provision of expert legal assurance for the commercial decisions of the business supporting the overarching business strategy and objectives in its commercial activities.
  • Define turnaround times for delivery on business requests for contracts support and commercial legal assurance.
  • Develop a performance management criterion to monitor and assess the contracts and assurance functionality and the implementation of operational plans and workflows.
  • Monitor and report on the output of the unit and legal services provided to the business.
  • Oversee and assist with developing a contract and legal document management system.
 
Contract Drafting, Vetting, Review and Amendment
  • Drive the 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.
  • 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 standard 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.
  • Where necessary, guide and provide input on the co-drafting, reviewing, updating and negotiation of all types of contracts with SCM and oversee the facilitation of contract finalisation and storage.
  • Provide guidance and support on engineering and construction-specific claims including delays, price acceleration claims, and change of work claims.
  • Provide, and oversee the provision of advice on construction and engineering law, including infrastructure procurement and the drafting and administering of engineering contracts.
  • Drive and ensure the contribution of legal counsel in developing SANRAL’s policies, procedures, and controls.
  • Provide support to all SANRAL Commercial and Contracts Committees.
 
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 the 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 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.
  • 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.
  • Manage and supervise the overall performance of the unit.
 
 
EMPLOYMENT REFERENCE CHECKS
Employment reference checks are a requirement as part of SANRAL’s recruitment and selection process. In order for SANRAL to conduct these checks a consent form needs to be completed and signed by the applicant. As an applicant of this position, you authorize SANRAL to process all the information provided for the purpose of your application for the position as well as the verification and record keeping of such credentials.
 
Please note that this is a confidential document and is intended for internal use by SANRAL’s Human resources department only. 
 
EMPLOYMENT EQUITY
  • Appointments will be made in accordance with SANRAL’s Employment Equity plan.
  • SANRAL reserves the right not to fill any position
 
Closing date for applications:   05 September 2024
 
Link to apply: https://career2.successfactors.eu/sfcareer/jobreqcareer?jobId=2503&company=southafr02
 
Employment Permanent
Location 48 Tambotie Avenue, Val-De-Grace, Pretoria, South Africa
Closing Date 05/09/2024









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MANAGER: LITIGATION
National
Permanent
 
Description
 
POSITION OBJECTIVE
The successful applicant will be responsible for leading and executing the Litigation and Alternative Dispute Resolution strategy within Legal Services. This includes managing and overseeing the performance of SANRAL's Litigation Unit and Litigation and Disputes Portfolio. The role involves overseeing and monitoring all litigation and disputes, managing the litigation budget, and implementing strategies to reduce litigation costs throughout the process. The candidate will provide leadership and guidance to Legal/Litigation Advisors and Legal Officers, ensuring their effective performance. Additionally, the role requires managing performance records, and preparing and presenting regular reports on operational litigation to the organisation.
 
MINIMUM REQUIREMENTS
  • A Bachelor of Laws / LLB qualification at an NQF level 8.
  • Admitted attorney or Advocate (with Pupillage from the Bar) of the High Court of SA, Member of the Law Society/ LPC
  • A minimum of 10 years of relevant experience.
  • A minimum of five years of managerial experience.
  • Demonstrable record of litigation and litigation oversight and directing
 
ADVANTAGEOUS
  • LLM and/or specialization by experience would be advantageous
 
WORKPLACE COMPETENCIES
  • Leadership skills: Ability to lead by example, employ strong business acumen, solid judgment, and integrity.
  • Critical thinking: Ability to objectively analyse and evaluate issues and factual evidence in order to form judgements.
  • Contract vetting and management: Advanced skills and experience in drafting and vetting contracts, including service level agreements.
  • Legal research: Ability to identify and retrieve relevant legal information/precedent to aid in the legal decision-making and/or execution process.
  • Communication skills: Good interpersonal skills, people skills, organising and communication skills.
  • Litigation skills: Ability to manage and thoroughly execute all phases within the legal litigation process from investigation all the way through to settlement and appeal.
  • Attention to detail: Ability to pay close attention to details and complete tasks with a high level of thoroughness, accuracy and completeness.
  • Organisation: Ability of to make efficient and effective use of time, energy and resources available by organising workloads and scheduling and prioritising tasks.
 
KEY RESPONSIBILITIES:
 
Litigation Strategy Development and Execution
  • Develop and implement the litigation strategy to provide an effective and efficient litigation service in managing SANRAL’s litigation demands.
  • Develop and maintain the litigation management and monitoring processes/ procedures to execute and measure the litigation unit’s performance of its responsibilities and functions.
  • Establish the measurement criteria to monitor the operational objectives and manage the performance of the litigation unit and the quality of the support it provides to the 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 and implement the necessary mechanism to improve delivery and performance.
  • Identify litigation risks and implement 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 issues and/or disputes through negotiation, mediation, arbitration, and litigation methods, as required.
  • Oversee the resolution of litigation instances including pre-suit negotiations, arbitrations, facilitations, and appeals as they may arise.
  • 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 and provide advice and defend all other procurement matters and litigation.
  • 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.
  • Appoint, instruct and consult with external legal service providers within the correct internal procedure and PFMA requirements.
  • Manage service providers' performance and delivery of 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 the business on developments in their matters monthly and as and when required.
 
Recovery of Costs
  • Manage and monitor the execution of judgments, orders, and awards in favour of SANRAL at the 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.
 
Management & Reporting
  • Manage and 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 Legal Officers as required
  • Monitor the execution and review assigned work and responsibilities and any delays in delivery and performance.
  • Ensure timely procurement and appointment of external service providers to defend or institute legal action for SANRAL.
  • 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.
 
 
EMPLOYMENT REFERENCE CHECKS
Employment reference checks are a requirement as part of SANRAL’s recruitment and selection process. In order for SANRAL to conduct these checks a consent form needs to be completed and signed by the applicant. As an applicant of this position, you authorize SANRAL to process all the information provided for the purpose of your application for the position as well as the verification and record keeping of such credentials.
Please note that this is a confidential document and is intended for internal use by SANRAL’s Human resources department only.
 
EMPLOYMENT EQUITY
Appointments will be made in accordance with SANRAL’s Employment Equity plan.
 
Closing date for applications: 05 September 2024
 
Link to apply: https://career2.successfactors.eu/sfcareer/jobreqcareer?jobId=2502&company=southafr02
 
Employment
Permanent
Location South African National Roads Agency SOC Ltd Head Office, Kuisis Street, Val-De-Grace, Pretoria, South Africa
Closing Date 05/09/2024