| JOB NAME |
HEAD LEGAL AND CONTRACTING
POSTED BY: Development Bank of Southern Africa
REF:DBSA 70
Date Published:Tuesday, July 9, 2019
Date of Expiration:Saturday, September 7, 2019 EXPIRED
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| LOCATION OF THIS JOB |
 South Africa | MIDRAND in South Africa |
| INDUSTRY |
| DEVELOPMENT FINANCE INSTITUTIONS
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| JOB TYPE |
| Contract |
| MAIN JOB DESCRIPTION |
Job Title Head Legal and Contracting
Job Grade 18
Job Type Classification Contract
Location - Town / City Midrand
Location - Province Gauteng
Location - Country South Africa
JOB DESCRIPTION
To provide legal advise and contract management for the Infrastructure Delivery Division. The job entail developing contracting strategy, selecting standard form contract, negotiate, draft and review legal agreements and manage legal disputes or assist with compiling statements in case of litigation or contractual claims.
KEY RESPONSIBILITIES
Legal functions
1. Provide legal advice to the Infrastructure Delivery Division , liaison with other legal advisors, actively partnering with programme and project managers and engaging and negotiating with clients, consultants, contractors and other service providers for services rendered to IDD;
2. Develop legal services delivery strategy and framework for IDD;
3. Effectively communicate the legal framework and risks associated with a broad range of construction projects and operational issues specific to IDD;
4. Select, structure, negotiate, draft and review a variety of legal contracts including construction and professional services agreements (JBCC FIDIC, CIDB and NEC), services agreements, consultancy agreements, lease and mandate agreements;
5. Implement and maintain precedent and pro forma system for contracts, guarantees, contractual notices and administration thereof;
6. Provide for an effective claims management system;
7. Provide for a monitoring system regarding acceptance and safekeeping of guarantees and the call on guarantees;
8. Ensure monitoring, update and compliance with relevant legislation, policies and regulations in the built environment;
9. Conduct comprehensive legal due diligence investigations and research;
10. General legal advice on procurement, supply chain and tender process and provide direct negotiation with the service providers and consultants for IDD programmes and projects;
11. Monitor dispute resolution and litigation to ensure speedy resolution and settlement if required;
12. Liaise with external attorneys and prepare comprehensive brief to attorneys where necessary and manage the transactions with external counterparts;
13. Lead and direct various legal investigations within the IDD on an ad hoc basis;
Contracting Functions
1. Identifies business objectives and facilitates risk/benefit analysis for the Infrastructure Delivery Division
2. Reviews, drafts and negotiates contracts and agreements with contractors and service providers awarded contracts in IDD
3. Drives contract lifecycle from drafting through completion of the negotiation process, and/or contract execution.
4. Maintains a deep understanding of various contracts and templates, contracts policy, legal risk and liability, and company position on various matters.
5. Prepares contracts for internal review and approval and ensures compliance with company policies as well as applicable laws or regulations;
6. Interprets contracts and advises IDD programme and project managers on contractual responsibilities;
7. Translates complex commercial/legal scenarios into simple language and action plans.
Managerial functions
1. Provide direction and management to the direct reports to enable the execution of strategy and manage their portfolios effectively.
2. Manage the day to day activities and performance and provide leadership, guidance and support to the legal team supporting and ensure that the legal service level required is adhered to;
3. Attract, retain, and develop top-calibre talent. Develop and maintain sufficient depth in all critical functions, minimizing "key-man" risk.
4. Optimise skills usage within the unit.
5. Accountable for performance management of all direct reports, managing their performance in relation to quality standards and agreed benchmarks and objectives, focusing on all aspects of sound people management.
6. Develop the skills and abilities of all team members, with the result that they perform to their highest potential and optimize their current and future job performance.
7. Proactively support the bank's diversity strategies and initiatives.
8. Contribute to building synergies and cooperation across functions in the DBSA.
9. Promote DBSA values and a culture of High Performance within the Unit.
10. Manage to ensure effective and timeous delivery of new product.
11. Builds positive working relationships and create cross-functional synergies;
12. Mentoring and training of contracting and administrative support team supporting IDD.
13. Cost effectively managing legal and contracting budget for appointment of external legal service provider;
Key Measures
Performance against agreed targets.
Key Internal Liaison Relationships
1. General Counsel.
2. Legal team supporting IDD.
3. Other Professionals in the Group Legal Services Unit and Risk Division.
4. Group Executive: Infrastructure Delivery Division.
5. Infrastructure Delivery Division Senior Managers for Business Development, Performance, Construction and Maintenance, Programme & Project Managers.
6. Supply Chain Management Unit Clients of the Infrastructure Delivery Division including inter alia National and Provincial Departments and Municipalities.
Key External Liaison Relationships
1. Legal firms
2. Professional Service Providers and contractors
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| REQUIREMENTS FOR THIS JOB |
EXPERTISE & TECHNICAL COMPETENCIES
Minimum Requirements
1. LLB degree or other relevant legal qualification.
2. Admitted Attorney/Advocate of the High Court of South Africa.
3. A minimum of 4 years' experience in a Leadership or Management position within a Legal or Commercial built environment or construction.
4. At least 10 years post qualification experience in Built Environment, Construction or Project transactions with extensive experience in negotiating and drafting JBCC, NEC, CIDB and FIDIC agreements.
5. Construction litigation and dispute resolution experience.
6. Sound knowledge of construction industry legislation and contract law.
7. Any Public Sector experience including knowledge of PFMA, MFMA, PPPFA and BBBEE will be an advantage.
8. Private Public Partnership experience will be an added advantage.
9. Experience in cross border construction projects will be added advantage.
Technical Competencies
Strategic Planning
1. Ability to analyse business trends, implications and options to devise holistic and long term strategic plans as well as execute the required change is essential to meet an organization's objectives and future goals
2. Establishes challenging, attainable goals and objectives based on a customer focus perspective.
3. Looks to the future with a broad perspective.
4. Ensures performances measures are in place to monitor progress and assess accomplishments and achievement of strategic goals and objectives.
5. Develops initiatives to achieve goals and objectives.
6. Articulates the vision and plans to others.
Policies & Procedures
1. Is able to evaluate existing policies and procedures in terms of their suitability in light of the broader business agenda.
2. Has sufficient sector expertise to be able to scan the market to obtain examples of best practice in own area of specialism.
3. Can develop new policies and procedures where required, aligning them with DBSA strategy and appropriate legislation.
4. Is able to present recommendations to senior management for approval in a concise manner.
Business Acumen
1. Takes actions to fit business strategy.
2. Assesses and links short-term tasks in the context of long-term business strategies or perspectives.
3. Reviews own actions against the organisation's strategic plan; includes the big picture when considering possible opportunities or projects or thinks about long-term applications of current activities.
4. Anticipates possible responses to different initiatives.
5. Understands the projected direction of the industry and how changes might impact the organisation.
Risk Identification & Assessment skills
1. Advises on applicable aspects of risk identification and assessment.
Planning & Organising
1. Coaches others on advanced planning and organising skills.
2. Plays a role in transferring advanced planning and organising skills and knowledge to others.
3. Identifies and acts on opportunities to partner with other units in the department to achieve desired results.
Reporting & Communication
1. Designs, reviews and improves reporting processes and provides guidance.
2. Leads production of complex environment reports, takes an editorial role, determines content and level of detail, and ensures consistent messaging and branding.
3. Is relied on by others to help them write complex technical and non-technical documents and briefs.
4. Is able to determine which aspects of this knowledge area need to be transferred to others in order to achieve organisational goals.
5. Coaches others and transfers communication skills and knowledge to others.
6. Able to communicate complex problems or concepts, by making them simple and understandable for others.
7. Adapts language to the level of the audience in order to ensure that the message has a positive impact and is interesting to the audience.
8. Is articulate, demonstrates a wide range of vocabulary, and is confident when talking to large/high level audiences.
Presentation Skills
1. Knows how to deliver arguments persuasively by employing a range of advanced presentation techniques (e.g. the appropriate use of body language, how to close a presentation so that the audience continues to think about the subject matter etc.).
2. Has knowledge of various feedback mechanisms to check levels of audience understanding.
Financial Acumen
1. Makes sound financial decisions after having analysed their impacts on the organisation, partner agencies, and community.
2. Effectively prepares budgetary submissions and forecasts for own department.
3. Knows the internal and external factors that impact on resource and asset availability.
4. Is able to interpret management account reports in an operational/commercial context and take action as appropriate to maximize revenues and control costs.
Project Management
1. Defines, plans and manages large and/or strategic projects, including those with a high degree of technical complexity, with impacts across the organisation and/or with national implications.
2. Assembles and leads diverse and multi-disciplinary teams, ensuring maximum effective resource utilisation.
3. Successfully manages substantial project budgets, and reports directly to senior managers on the progress and results of projects.
4. Identifies complex issues that need escalation and proposes appropriate corrective actions.
Solution Focus
1. Identifies broad, highly complex problems based on a multitude of factors, many of which are complex and sweeping in nature, difficult to define and often contradictory.
2. Creates procedures to articulate the nature of problems and to identify and weigh alternate solutions.
3. Evaluates the effectiveness of solutions using approaches tailored to the situation.
REQUIRED PERSONAL ATTRIBUTES
LEADERSHIP/BEHAVIOURAL
Leading & Empowering Others
1. Identifies long-term goals for the team and communicates them to team members, ensuring their buy in.
2. Sets a good example by personally exercising desired behaviour; acts on values and beliefs.
3. Communicates a vision for the team and future success that inspires team members.
4. After assessing others’ competence, one delegates full authority and responsibility to others to do a task in their own way.
5. Ensures that competent employees are given opportunities to further their careers.
Leading & Managing Change
1. Anticipates the need for change when not obvious and influences others to gain support. Builds sustainable business and organisational capacity to embrace and thrive on change.
2. Re-engineers and aligns structures, processes and practices to support and sustain the desired change.
Strategic & Innovative Thinking
1. Understands connections and trade-offs of strategic choices to evaluate which ideas are practical and possible by considering business and/or scientific implications.
2. Develops innovative business and/or customer solutions that shape industry practices.
Teamwork & Cooperation
1. Acts to promote a friendly climate and good morale, and resolves conflicts.
2. Creates opportunities for cross-functional working.
3. Encourages others to network outside of their own team/department and learn from their experience.
Developing Others
1. Gives specific positive or mixed feedback for developmental purposes.
2. Gives negative feedback in behavioural rather than personal terms.
3. Reassures and/or expresses positive expectations for future performance when giving corrective feedback.
4. Gives individualised suggestions to individuals for their improvement.
Driving delivery of results
1. Identifies and implements a business opportunity that will have a long-term impact on the business (which may include the organisation’s reputation or brand image). Monitors progress and adapts the plan if necessary to ensure optimal benefit to the business.
2. Makes decisions, sets priorities, or chooses goals on the basis of inputs and outputs: makes explicit considerations of potential profit, return on investment, or cost benefit analysis.
3. Based on the cost-benefit analysis, makes decisions of entrepreneurial risk nature.
Decisiveness (High Performance, Service Orientation)
1. Makes timely decisions about complex issues even when some information is missing.
2. Makes decisions and stands by them even when they are controversial or unpopular. Grasps critical business opportunities when they arise by making timely decisions
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English 
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