General Counsel

KEY PERFORMANCE AREAS:
Strategic Outputs
Collaborate with the Chief Risk Officer to set the strategic direction for the provision of legal services and related strategies across the organisation.
Develop and implement the organisation's legal strategy and execution plan in alignment with the overall business objectives and strategy.
Determine the business Units objectives and targets for inclusion in the Divisions balanced scorecard.
Position the legal function to ensure that the company achieves its future business requirements and ensure that the legal, policy and regulatory framework aligns across the organisation.
Cascade the legal strategy and execution plan to ensure direct reports manage their portfolios in line with the Division's vision, strategy, and goals.
Ensure that there are sufficient execution capabilities within the business Unit to execute the legal strategy.

Legal Function
Conduct legal assessments to ensure the company achieves material compliance with international, national, and local laws and regulations.
Institute and defend legal proceedings on behalf of the company, through the following processes:
o Prepare briefs to Counsel / external legal advisors on legal issues and consult Counsel / external legal advisors where necessary.
o Instruct attorneys and Counsel on the companys behalf.
o Manage the Banks legal risk, including litigation risk.
o Engage and manage the legal team in preparation for cases in consultation with the Chief Risk Officer and/or Executive Management Team.
Draft, review and approve the companys standard finance and security documents.
Review and draft agreements to ensure that the business interests of the company are protected and are legally sound.
Draft and provide strategic legal opinions on a range of strategic issues.
Provide legal opinions, draft and negotiate legal agreements and other legal documentation in respect of investment projects.
Provide legal advice to the Bank concerning strategic investments and projects.
Provide legal support to business Units on the structuring of various investment projects including conducting legal due diligence investigations.
Provide interpretation of legal opinions, case law, agreements and other legal documents and advise on the appropriate course of action.
Balance the focus on achieving cost efficiency and legal merit on all legal matters and ensure that all legal matters are evaluated for current and future impact.
Identify service provider requirements and liaise with procurement to set up the companys panel of attorneys and monitor according to scope and service level agreements.
Manage the day-to-day performance of legal advisors for specific investment projects and other legal matters.
Monitor new legislation and advise the appropriate business Units of any changes in legislation

Stakeholder Engagement
Represent the legal function at relevant internal company management and Board committees.
Represent the company at industry fora to:
o Have a better understanding of industry positions that could affect the company
o Present the position and interest of the company
Manage the relationships between Legal Services Unit and other business Units in the organisation.
Provide legal reports on the progress of key matters to the Executive Committee, business Units and various committees.
Manage and build relationships with external attorneys, and various key stakeholders in the legal fraternity.
People Management
Provide direction and management to the direct reports to enable the execution of strategy and manage their portfolios effectively.
Manage and evaluate the performance of the direct reports against set targets, KPIs and metrics.
Define, cascade and monitor business and people performance objectives of direct reports.
Attract, retain, and develop high-calibre talent. Develop and maintain sufficient depth in all critical functions, minimizing "key-man" risk.

• Optimise skills usage within the Unit.
• 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.
• 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.
• Proactively support the bank's diversity strategies and initiatives.
• Contribute to building synergies and cooperation across functions in the company
• Promote company values and a culture of High Performance within the Unit.

Key Measurements of Outputs
Quality of legal agreements and opinions.
Legal compliance-based target for the year on regulatory fines, penalties and contraventions to law.
Litigation management: win/loss ratio in legal disputes or litigations.
Quality and accuracy of agreements, opinions and solutions provided.
Legal spend on cases track on a budget or year-on-year comparison.
Effective management of legal claims and litigation risks.
Management of total case/agreement/opinion / other legal costs.
Clean audit.

COMPETENCIES: TECHNICAL
Legal knowledge
In-depth knowledge and understanding of the principles and investigation in their specialised areas such as contracts and agreement, litigation and other general legal advice and ability to give clear and accurate advice to the company
Remains up to date with new laws, regulations and compliance with South African laws affecting the business, and regularly interprets and advises senior Stakeholders on these.
Identifies risk in commercial transactions and suggests risk mitigation methods where applicable.
Advises senior management on the sequencing and pacing of policy recommendations in terms of legal implications.
Legal Policy and Knowledge
Directs and oversees the setting of organisational legal strategies, policies and guidelines of the most complex and important cases/legal objectives.
Extensive Knowledge of all relevant legislation, local Law and policy.
Extensive knowledge of topics such as procurement laws, claims, agreements, and patents laws, intellectual property financial laws, labour laws, environmental laws, trade and economics laws etc.
Knowledge and ability to enforce conditions and provisions of contracts, grants, agreements and leases.
Understands global market conditions and trends to meet the needs of different stakeholders and to advance the liberalisation of the company.
Awareness of all local regional and global legal developments.
Strategic Planning
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 organisations objectives and future goals
Establishes challenging, attainable goals and objectives based on a customer focus perspective.
Looks to the future with a broad perspective.
Ensures performances measures are in place to monitor progress and assess accomplishments and achievement of strategic goals and objectives.
Develops initiatives to achieve goals and objectives.
Articulates the vision and plans to others.
Policies & Procedures
Is able to evaluate existing policies and procedures in terms of their suitability in light of the broader business agenda.
Has sufficient sector expertise to be able to scan the market to obtain examples of best practice in own area of specialism.
Can develop new policies and procedures where required, aligning them with company strategy and appropriate legislation.
Is able to present recommendations to senior management for approval in a concise manner.
Commercial Business Acumen
Is capable of analysing commercial situations, developing options and making recommendations.
Monitors the economic environment and continuously seeks opportunities for economic policy and legislation improvement to ensure ease of doing business in South Africa.
Actively monitors the South African business environment to ensure promotion of fair competition, the protection of consumer interests, effective trade and investment, etc
Understands South African business community issues/challenges and can build win-win relationships with them.
Envisions, creates and facilitates connections to develop and enhance partnerships, alliances and networks that advance shared interests
Risk Identification & Assessment skills
Advises on applicable aspects of risk identification and assessment.
Planning & Organising
Coaches others on advanced planning and organising skills.
Plays a role in transferring advanced planning and organising skills and knowledge to others.
Identifies and acts on opportunities to partner with other units in the department to achieve desired results.
Develops partnership agreements that ensure win-win outcomes for all parties. Develops integrated plans for the work unit and others that interfaces with the functions budget.
Reporting & Communication
Designs, reviews and improves reporting processes and provides guidance.
Leads production of complex environment reports, takes an editorial role, determines content and level of detail, and ensures consistent messaging and branding.
Is relied on by others to help them write complex technical and non-technical documents and briefs.
Is able to determine which aspects of this knowledge area need to be transferred to others in order to achieve organisational goals.
Coaches others and transfers communication skills and knowledge to others.
Able to communicate complex problems or concepts, by making them simple and understandable for others.
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.
Is articulate, demonstrates a wide range of vocabulary, and is confident when talking to large/high level audiences.
Presentation Skills
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.).
Has knowledge of various feedback mechanisms to check levels of audience understanding.
Solution Focus
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.
Creates procedures to articulate the nature of problems and to identify and weigh alternate solutions.
Evaluates the effectiveness of solutions using approaches tailored to the situation.

COMPETENCIES: LEADERSHIP/ BEHAVIOURAL
Leading and empowering others
Leading and amnaging change
Strategic and innovative thinking
Teamwork and cooperation
Developing others
Driving delivery of results
Decisiveness (high performance, service orientation)

QUALIFICATIONS & EXPERIENCE:
Minimum Requirements:
A Bachelor of Laws degree (LLB) or legal postgraduate qualification.
Admitted Attorney of the High Court of South Africa.
A minimum of 10-12 years experience in Commercial/Finance/Banking or Corporate Law.
A minimum of 5 years experience in a management position in Commercial /Finance/ Banking or Corporate Law environment gained at a commercial banking, specialist law firm/ corporate or similar institution.
Knowledge and understanding of all legislation relevant to the banking environment (i.e., Banks Act, NCA, FICA, FAIS, Reserve Bank Act, Competition Act, Magistrates Court Act, High Court Act).
Ability to conduct research and interpret case law.
Expert knowledge of risk and financial management principles, philosophy and methodologies to lead the most complex legal cases, projects/ assignments and agreements in the banking environment.
Strong negotiating skills with the ability to close deals/ transactions/ agreements from a legal perspective.
Strong business acumen and strategic advisory experience.
Ability to interact professionally and confidently at all levels of Management, the Board, Clients and other internal and external stakeholders.

Desirable Requirements :
Post-graduate qualification in Banking Law / Project Finance.

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