Legal advisor Litigation at Transnet

Position Purpose:

• To provide professional, comprehensive and credible legal advice and support on litigation and collection emanating from the application of corporate, property and administrative law and support the Senior Manager 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, administrative law, governance, litigation, legal risk management and other legal related matters.

Position outputs:

• Ensure proper legal risk management to minimise the risk of litigation against Transnet Property
• Manage all litigation matters for or against Transnet Property
• Engage and consult with attorneys, relevant stakeholders and witnesses where required.
• Reduce pending litigation cases against Transnet Property
• Give instructions to attorneys and counsel during the litigation and arbitration hearing process, assisting on preparing the necessary court/arbitration documents as well as management of invoices and legal budget
• Do research in preparation for court/arbitration cases
• Review legal costs payable to external service providers
• Assist the Senior legal advisor in Participation in negotiations and court proceedings
• Manage and maintain relationships with panel attorneys
• Drafting of legal opinions and provision of legal advice where required
• Advice on and prepare the relevant delegation of authorities on behalf of Transnet Property to ensure that mandates are carried out within prescribed delegated Authorities.
• Ensure proper legal risk management to minimise the risk of litigation against Transnet Property
• Manage all litigation matters for or against Transnet Property in line with the legal policy to ensure value for money.
• Engage and consult with management, region officials, attorneys, relevant stakeholders and witnesses where required
• Proper identification and management of risks and opportunities, as well as saving on insurance, legal liability and other potential costs associated with risk exposures
• Provide instructions to attorneys and counsel during the litigation and arbitration hearing process, assisting on preparing the necessary court/arbitration documents as well as management of invoices and legal budget
• Ensure that there is compliance in all respects with the PFMA and all relevant legislation impacting on Transnet
• Ensure implementation of a litigation and collection management system in Transnet so that the company is aware of litigation risk on various matters and acts in accordance with appropriate strategies to manage legal risks
• Attend to all queries emanating from the litigation and collection matters and manage staff and workflow emanating from the litigation and collection sphere. Provide legal advice to regional management on litigation and collection
• Provide accurate written & verbal legal opinion to Management regarding policies, procedures and all business/operational issues of a legal nature
• Do research in preparation for court/arbitration cases and participate in negotiations and court proceedings
• Liaise and assist the credit control function on litigation and collection related issues
• Advice on and prepare the relevant delegation of authorities on behalf of Transnet Property to ensure that mandates are carried out within prescribed delegated Authorities
• Supervise and control the work allocation of the Collection administrative staff and manage the daily activities of the section
• Attend legal consultation and court cases to ensure that adequate instructions are given and proper legal guidance is given to ensure compliance with Transnet policies and to safeguard Transnet s’ reputation
• Advice Transnet on the interpretation, application and implementation of various administrative law instruments so that Transnet adheres and complies with all applicable legislation
• Provide advice in developing implementing and monitoring administrative law legal frameworks, policies 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
• Report on all disputes and matters that may pose a reputational and financial risk to Transnet
• Provide advice to all Transnet Property regions on all litigation and collection related matters
• Conduct due diligence on litigation and collection related matters
• Draft legal opinion and provide ad hoc legal advice to regions and management on litigation related matters
• Conduct workshops on the management of various legal risk based on outcome of litigation cases
• Participate in various Committees within TP as delegated from time to time by Senior Legal
• Advisor and provide legal support to committees
• Provide regular reports on all activities falling under the litigation and collection sphere and conduct the relevant fact-finding exercises and inspections
• 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
• 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
• Monitor and handle all litigation and collection matters within TP and provide regular report to the Senior Legal Advisor
• Ensure document filling of all matters
• Undertake legal research (Statutes, decisions, legal articles, codes and documents)

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 (inhouse), unless the incumbent can demonstrate that he/she has developed the necessary competencies through experience)
• Must have experience in the management of litigation matters in relation to property law, commercial, contracts as well as administrative law matter

Competencies:

Standard Job Requirements

• All related contracts law, property law, Administrative law, commercial law and Litigation matters
• Cognitive Capacity
• Legal Interpretation skills
• Administrative skills
• Negotiation/dispute resolution skills
• Requirement of Trust and Honesty in the handling of Finances as per the National Credit Act Amendment 19 (NCA)

Understanding of legislative framework applicable to SOEs

• In-depth knowledge of litigation, Administrative law, contracts law, property law and commercial law
• Requirement of Trust and Honesty in the handling of Finances as per the National Credit Act Amendment 19