Legal Officer at Media Development and Diversity Agency -MDDA

Reference No. LOD2024

Purpose Statement

To support the provision of legal services to the business in accordance with the applicable legislation and regulations. This includes providing legal support to internal business units and external clients through legal advice and opinions, conducting legal related workshops, drafting of legal guidelines, conducting legal research, and supporting the drafting of contracts.

Education (Formal Qualification Required)

Minimum

• NQF Level 8 in Law (i.e. LLB)

Advantageous

• Broader qualification in contractual and/or employment law

Legal Requirements (e.g. Driver’s License, etc.)

Detail

• Admitted as an Attorney or Advocate
• Driver’s License

Experience (Experience Required - Number of years)

Minimum

• 3-4 years’ experience in the legal field
• 2 years legal experience as an attorney or advocate

Advantageous

• Experience in the media sector

Position Description

Key Performance Area / Main Output

Contract Drafting & Monitoring

• Coordinate contract drafting, conclusions, close-outs, extensions and renewals
• Assist with monitoring and updating of the contract register and monitor contract compliance with funding requirements from recipients
• Assist in the liaison with recipient attorneys or recipient until consensus has been reached
• Provide support in the maintenance of contractual records and documentation
• Provide advice on contract matters, under the guidance of the line manager
• Serve as the point of contact for MDDA business units and external parties on contractual matters and ensure that signed contracts are communicated to all relevant parties to provide contract visibility and awareness
• Verify that all contracts are devoid of omissions and MDDA interests are protected

Litigation Support

• Monitor cases to ensure that legal matters are managed efficiently and that the relevant parties are informed and are given the proper advice
• Coordinate the required affidavits, briefings with attorneys, etc.
• Alert the line manager on the status and/or progress of the cases
• Assist in the preparation of relevant legal correspondence, notices and pleadings
• Consult and obtain necessary information/briefing or documents from the relevant unit to assist in the litigation proceedings
• Assist in the drafting of Terms of Reference / Specifications for the appointment of the service provider for legal matters as and when instructed by line manager

Dispute Resolutions

• Coordinate all administrative matters relating to the resolution of contractual disputes, inclusive of:
  • Employment contractual issues
  • Supplier agreements
  • Any other contractual disputes
• Coordinate the required affidavits, briefings with attorneys, etc.
• Represent MDDA in court, (when required) including representation and management of CCMA cases involving staff/contractual issues
• Coordinate disciplinary/grievance hearings in accordance with company policy and procedures
• Prepare the appropriate documentation (including relevant charge sheet) and the prosecution’s case, in consultation with attorneys as appropriate, in respect of all serious cases involving staff or grant recipients, and submit to the line manager for approval

Regulatory Compliance

• Identify legislation which impacts on the mandate of the MDDA and coordinate the updating of the compliance matrix
• Advise on deviations or amendments from statutory practices to be used as a basis for strategic interventions for the line manager’s consideration
• Assist in aligning and review policies and approval by the line manager

Legal Research & Advice

• Provide input into legal advice and opinions, benchmarked on legal precedents, to MDDA business units, under the guidance of the line manager
• Conduct proper risk analysis and identify triggering factors towards potential legal risks within business units, for review and approval by the line manager
• Undertake in-house legal research, including preparation of documentation, for all cases likely to be subject to court action and submit to the line manager for review
• Act as first point of contact on all legal issues, as per delegation of authority

Sub-Committee Legal Advisory Support

• Participate in Board committees and sub-committees and management committees to provide legal advice and guidance in accordance with legislation and best practice e.g. Ethics Committee, Employment Equity Committee and Thefts & Losses Committee
• Compile relevant reports, minutes, presentations, etc. for the assigned committee
• Perform any other legal function, and provide any legal support as may be requested from time to time by line manager
• Assist in preparing quarterly reports for the Legal Unit and approval by line manager to be submitted to various committees and Board

Competencies (Knowledge, Skills and Behavioural Attributes)

Knowledge

• Legislation related to the industry (e.g. PFMA, ECA, MDDA Act and Regulations, PAJA, PAIA, POPIA etc.)
• Labour, Civil and criminal matters
• Contractual law and contract management
• MS Office proficiency
• Researching

Skills

• Communication
• Problem solving
• Planning
• Accuracy
• Time management
• Writing / reporting
• Relationship management

Behavioral Attributes

• Attention to detail
• Analytical
• Ethical
• Integrity
• Work under pressure
• Proactive
• Deadline driven

Special Requirements

Detail

• Will be required to travel e.g. to attend CCMA cases