Posted 2 years ago
SAFETY, HEALTH, ENVIRONMENT AND QUALITY
- Identify and assess level of baseline risk exposures in area of responsibility by considering exposures to business, financial, legal issues, people, equipment, material, environment, processes, etc.
- Consider the level of risk, apply mitigation and implement control measures for residual risk (set objectives, minimum requirements, etc.)
- Manage SHEQ compliance within the Function through effective use of the Toolbox
- Utilise the Information Management System (IMS) to analyse, identify trends, initiate, mitigate, investigate and report SHEQ status
- Advise sites on legal proceedings following incidents or accidents
PEOPLE
Manage the Department:
- Ensure an enabling climate/culture
- Manage labour stability by minimising labour turnover
- Labour complement in line with budget
- Achieve HDSA/Female targets for the Department
- Manage performance against set targets and competencies
- Ensure IDP’s are linked to performance results and implemented as per plan
- Conduct career discussions and implement actions with all identified talent (quarterly)
- Ensure discipline is maintained (absenteeism, lateness, overtime, misconduct, etc.)
- Coach and counsel people to ensure improved performance levels
- Conduct recruitment interviews
CUSTOMERS
- Render the right service first time
- Manage relationships with all relevant stakeholders
- Ensure Customer Satisfaction by providing a Legal service to the business
BUSINESS PROCESSES
Legal Management:
- Manage all day to day legal issues which arise in the business
- Implement and develop relevant company business policies and procedures
- Oversee Corporate Governance to ensure compliance with relevant legislation
- Manage claims brought against and instituted by the company
- Assist with Crisis Management in terms of legal requirements
- Comply with the Promotion and Access to information Act
- Manage external service providers (External Legal Counsel, Consultants, etc.)
- Vet legal research and draft opinions
Legal Agreements:
- Manage significant corporate activity (i.e. Mergers and Acquisitions, Joint Ventures, Disposals)
- Draft and negotiate core business agreements
- Review legal issues pertaining to the business (Health and Safety, Procurement and Joint Ventures)
Financial Legislation:
- Comply with statutory requirements
Audits:
- Liaise with external and internal auditors
- Implement effective internal controls and ensure Corporate Governance
- Companies Act Compliance and Corporate Governance:
- Monitor and control statutory returns to the Registers of Companies
- Submit annual returns and approved financial statements to Register of Companies
- Submit ad hoc returns as required:
- Directors and Officer’s Register
- Consent to short notice of meetings
- Special Resolutions
- Change of Name
- Process annual duty payments to the Registrar for Public and Private companies
- Deregister companies as and when required
Company Shareholders:
- Attend to shareholder matters.
Company Records:
- Manage the storage and withdrawal of records in the central registry
- Prepare Directors resolutions
- Obtain approval of annual financial statements and arrange signature of same
- Prepare members resolutions
- Prepare, draft and issue minutes for company meetings:
- The Board of Directors meetings
- Joint Venture Executive Committee
- Ad hoc Board meetings
- Maintain and control minute books of company.
- Control the safe custody of the Memorandum and Articles of Association and other important documents
- Draft and control signing of “round robin” resolutions
- Maintain register of Directors’ interests
- Control corporate stationary
GROWTH
- Identify opportunities for further development arising from changes in legal practice
SHAREHOLDER VALUE
- Prepare and manage budgets for the Legal Function
WORKPLACE COMPETENCIES
Skills:
- Apply case law and judicial precedents to business related issues
- Assess legal contracts for business
- Comply to legal requirements in business
- Keep informed about current affairs related to one`s own industry
- Contribute to the health, safety and security of the workplace
- Manage Legal records
- Identify and mitigate business risks
Legal Admin:
- Operating computer systems
- Identify and maintain the types of records required in own industry and understand why it is necessary to create evidence and maintain confidentiality
Knowledge:
- Demonstrate an understanding of the South African Legal framework
- Demonstrate an understanding of basic business principles
- Demonstrate knowledge and understanding of the Occupational Health and Safety Act 85 of 1993 (OHSA) (as amended) and the responsibilities of management in terms of the Act
- Demonstrate knowledge and understanding of the Mines Health and Safety Act, (Act 29 of 1996) and its application
- Demonstrate a comprehensive understanding of the business and the environment in which it operates
- Demonstrate a comprehensive understanding of commercial transactions and how they are conducted
- Demonstrate a comprehensive understanding of the practical application of Company Law
- Demonstrate an understanding of litigation and arbitration processes and associated risks
- Demonstrate an understanding of business risks
Requirements
Minimum Qualification and Experience:
- Degree (LLB) or B.Proc.
- Admitted Attorney or Advocate (5 years PQE)
Additional Qualifications:
- Master’s Degree (in relevant field)
- MBA/MBL
- Associate of Chartered Institute of Secretaries (ACIS, FCIS)