| JOB NAME |
Built Environment Legal Specialist (Midrand)
POSTED BY: Development Bank of Southern Africa
REF:DBSA 123
Date Published:Tuesday, November 3, 2020
Date of Expiration:Sunday, May 2, 2021 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 |
| Full-Time |
| MAIN JOB DESCRIPTION |
Occupational Level Professionally Qualified
Job Grade Grade 16
RepoM to Head: Legal and Contracting
Division IDD
Business Unit Group Legal
Direct Reports Nome
No of Employees in Division 113
Approved By
Location Midrand
Employment Type Permanent Fixed Term Contract
DBSA MANDATE
The Development Bank of Southern Africa Limited (DBSA) has positioned itself as a development finance institution (DFI) that champions, and often leads infrastructure integration and development. The Bank has sought to promote economic and social development by mobilising financial and other resources from the national and international private and public sectors for sustainable development projects in South Africa, the SADC region and the whole of the African continent.
In broad and aspirational terms, the DBSA has the vision of"a prosperous and integrated resource efficient region, progressively free of poverty and dependency"
DBSA VALUES
The DBSA Mandate, Vision and Mission is underpinned by its core values: High Performance; Integrity; Innovation; Service Orientation; Shared Vision. We are a values driven organisation and our employees live our values as we bend the arc of history to a shared prosperity.
PURPOSE OF THIS JOB
The purpose of this position is to ensure legal compliance and provide legal advice and guidance to the Infrastructure Delivery Division
KEY RESPONSIBILITIES
Strategic Functions
1. Oversee and ensure compliance to all relevant construction, infrastructure and procurement legislation by the Infrastructure Delivery Division (IDD) of the DBSA
2. Oversee general regulatory compliance as well as corporate governance in IDD of the DBSA. c) Consult with other Legal Advisor’s in DBSA Group Legal for support in other specialist law fields
3. Influence risk management, governance and implementation success within IDD
Operational Function
1. Develop a system for preparation of contractual documents, ensuring identification of standard and critical legal clauses to protect the interest of the DBSA, maintain and review templates as required
2. Provide advice on draft tender documentation and motivation to source documentation in support of Bid Specification Committee to select a commercially sound contracting strategy and applicable standard form contract
3. Provide legal advice and quality control in the drafting of project specific construction contracts and agreements between the Infrastructure Delivery Division and individuals, third parties, professional service providers; suppliers and contractors
4. Advise and provide legal input on contractual matters to management and project team.
5. Communicate with service providers and the client (in conjunction with relevant Head) on contractual matters including claims for delays, extension of time, additional payment, variations, etc., including co-ordination with other business units.
6. Provide advice to Bid Evaluation Committee when requested, check and verify appointment or acceptance letters, performance guarantees and all relevant contract information
7. Coordinates the negotiation of construction contracts and agreements with clients
8. Oversee compliance to contract award requirements ensuring all conditions are satisfied. This includes performance guarantees, insurances and other relevant documentation.
9. Provide guidance and assist in mediating contractual disputes. This includes attending special meetings with contractors as requested by the Construction Project Manager
10. Provide legal input in commenting on contractor claims with regards to construction or professional services contracts.
11. Prepare IDD contractual claims including extensions, prolongation of cost, acceleration cost and others.
12. Lead litigation/ adjudication/ arbitration matters and manage external counsel and attorneys, provide input into selecting counsel and attorneys per matter, manage external legal costs
13. Ensure that all legal documentation, including guarantees, is filed and archived securely
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| REQUIREMENTS FOR THIS JOB |
EXPERTISE & TECHNICAL COMPETENCIES
1. Bachelor law degree (e.g LL.B)
2. A postgraduate degree/diploma in construction management and negotiation are an added advantage
3. A minimum of 7 years’ experience in legal and contract drafting, advise and management of construction contracts and projects in the built environment.
Skills &Knowledge
1. MS Office proficient
2. Experience in construction law, procurement law and PFMA
3. Knowledge of the JBCC, NEC, GCC, CIDB and FIDIC contracts.
4. A keen interest in the delivery of infrastructure
5. Ability to work independently and with minimal supervision
6. Strong intellectual and analytical capability
7. Ability to function under pressurised conditions while identifying and implementing sound legal solutions that will protect the IDD's interests.
8. Skills to scrutinise vast amounts of information and identify key points promptly and accurately
9. A commercial, pragmatic and approachable outlook
10. Experience in mediation, adjudication and arbitration of disputes
11. Understanding of government priorities, systems and processes
12. Understanding of stakeholder and brand management
13. Strong verbal and written communication skills as well as effective negotiation skills
14. Skills to express complex legal concepts in business terms
REQUIRED PERSONAL ATTRIBUTES
TECHNICAL COMPETENCIES
Written Communication
1. Is relied on by others to help them write complex technical and non-technical documents and briefs.
2. Is able to determine which aspects of this knowledge area need to be transferred to others in order to achieve organisational goals.
3. Coaches others and transfers communication skills and knowledge to others.
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.
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.
Negotiations
1. Has an appreciation of cultural sensitivities and differences.
2. Effectively employs a variety of advanced behavioural/interpersonal competencies to control the negotiation situation.
3. Is able to take the lead in a variety of sensitive negotiation situations requiring high levels of tact and diplomacy.
4. Is able to place a discrete negotiation situation within the context of a broader long-term relationship and is not threatened by conceding ground to protect the longer-term interests of DBSA.
Presentation skills
1. Can reinforce key presentation points with examples.
2. Is able to translate technical terminology into language understandable to the audience.
3. Has insight into the audience’s behavior and motivation and responds appropriately and professionally, adapting communication style as appropriate.
Policies and Procedure
1. Has detailed understanding of relevant policies and procedures and interprets these according to operational circumstances to ensure compliance.
2. Understands the business context sufficiently to recommend improvements and modifications to existing policy.
3. Is able to write new procedures
BEHAVIOURAL COMPETENCIES
Achievement orientation
1. Undertakes challenging assignment and strives to complete them.
2. Sets priorities and chooses goals on the basis of calculated costs, anticipated benefits and improvement of performance.
3. Aims at exceptional performance, setting out to achieve a unique standard.
4. Constantly analysis outcomes to ensure the achievements of business goal.
5. Identifies short-term opportunity or potential problems aiming to achieve better outcomes.
Customer Orientation
1. Tries to understand the underlying needs of customers and match these needs to available or customized products and service.
2. Adapts processes and procedures to meet on-going customer needs.
3. Utilises the feedback received from customers, in order to develop new and / or improving existing services / products that relates to their on-going needs.
4. Thinks of new ways to align DBSA’s offering with future customer needs.
Integrity
1. Is willing to end a business relationship because it was associated with unethical business practice.
2. Is capable of challenging senior management (in an appropriate and respectable manner) in order to act on espoused values.
Leading and empowering others
1. Creates the conditions that enables the team to perform at its best (e.g., setting clear directions, providing appropriate structure, getting the right people, obtain needed resources).
2. Monitors performance against clear standards, and addresses performance issues promptly and takes action to get performance back to desired levels.
3. Proactively asks for feedback on own performance from team members, aiming to become more effective.
Teamwork and cooperation
1. Acts to promote a friendly climate and good morale, and resolves conflicts.
2. Creates opportunities for cross-functional work.
3. Encourages others to network outside of their own team / department and learn from their experience.
Self-awareness & self-control
1. Withholds effects of strong emotions in difficult situations.
2. Keeps functioning or responds constructively despite stress.
3. May apply special techniques or plan ahead of time to manage emotions or stress
4. Manages workload appropriately and smartly
Strategic and Innovative thinking
1. Recognises opportunities or potential problems, before they become obvious, by seeing the connections in a range of sources of information, including insights from outside DBSA.
2. Restates complex knowledge in a way that makes it easier for others to understand.
3. Experiments with new approaches, tests scenarios, questions assumptions and challenges conventional thinking.
4. Creates new concepts that are not obvious to others, leveraging internal and external sources of information, to build incremental revenue and growth opportunities.
Teamwork and cooperation
1. Acts to promote a friendly climate and good morale, and resolve conflicts.
2. Creates opportunities for cross-functional work.
3. Encourages others to network outside of their own team / department and learn from their experience.
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English 
FRENCH
