Senior Legal Advisor

1 week ago

Centurion, South Africa DBSA Full time

The IPP Office’s specific mandate is derived from the Memorandum of Agreement between the DoMR, National Treasury and the Development Bank of Southern Africa which assigns to the IPP Office the implementation of the Independent Power Producers Procurement Programme (IPPPP) pursuant to Ministerial Determinations on behalf of the DMR&E and covers preparatory and sustaining contract management and monitoring actions to make effect and efficient procurement possible. This is a Fixed Term Contract position for 3 years aligned with the mandate of the MoA. The purpose of this role is to ensure an optimal procurement process by drafting and advising on relevant commercial arrangements, agreements and evaluation criteria.

**Key Responsibilities**:
Key Outputs

1. Contribute to and interpret the strategy of the legal department of the IPP Office
- Understand the strategy of the IPP Office and contribute to the overall strategy of the legal department. - Interpret the legal strategy. - Devise tactical plans to implement the legal strategy. - Ensure that the legal strategy is executed as planned.

2. Ensure relevant legal documents related to the procurement process are drafted, reviewed and finalised timeously - Direct a team of legal transaction advisors in respect of the IPP Procurement Programmes and lead engagements between the legal transactions advisors and other multi-disciplinary teams - Assume responsibility for the procurement process including the procurement documents from inception until signature of the relevant agreements and fulfilment of all conditions to financial close. - Ensure that the following documents are prepared in accordance with best industry practice and applicable laws and regulations: o Request for Proposals (RFP) o Power Purchase Agreement (PPA) o Implementation Agreement (IA) o Relevant connection agreements o Relevant direct agreements o Any other relevant commercial agreements o Such other regulatory and legal considerations - Ensure that the relevant documents are completed whilst considering the risk analysis, project structures and technology choice.

3. Effectively handle all issues and queries - Attend to all incoming bidder queries and issues prior to bid submission. - Ensure that all matters are handled efficiently within the stipulated time frames. - Support and assist the IPP office team during bid receiving. - Attend the weekly queries meeting to advise on and assist with outstanding matters. - Attend to all incoming bidder queries and issues post closure process. - Attend to all incoming bidder queries and issues during implementation.

4. Support and enable the IPP during the bid evaluation and finalisation process. - Advise on the bid evaluation system and criteria. - Ensure that a suitable bid process is designed to enable bid comparison. - Provide all necessary support to the IPP Office for the efficient and professional management of the evaluation process. - |Enable the IPP Office to advise the Department of Mineral Resources and Energy on outcomes and recommendations. - Assist the IPP office to finalise all agreements following the appointment of preferred bidders - Manage and conclude all change requests and other preferred bidder queries from appointment of preferred bidders until financial close. - Advise and guide the IPP office in respect of all legal and regulatory compliance requirements in relation to closure process

5. Provide support in terms of contract management / implementation. - Attend to and resolve all change requests. - Ensure that all non-compliance matters are effectively handled. - Interact with Eskom and other key stake holders to resolve contract management related matters. - Analyse and interpret contractual rights and obligations of various parties in respect of project agreements - Advise the IPP Office and Department of Mineral Resources and Energy on matters related to contractual matters.

**Expertise & Technical Competencies**:
1. Minimum qualification and experience requirements - LLB degree or other relevant post graduate qualification Admitted Attorney/Advocate of the High Court of South Africa A minimum of 5 years post qualification experience in a commercial/finance/banking or corporate law field Advantageous Public sector experience an advantage

2. Knowledge

2.1 General - Knowledge and understanding of general business management principles - Knowledge and experience in large scale infrastructure projects including infrastructure finance - Knowledge and experience in mergers and acquisitions and/or other large scale commercial transactions - Knowledge and understanding of various legislation applicable to the energy sector - Knowledge and understanding of legislation applicable to the public sector

2.2 IPP Office - In-depth knowledge of various legal and regulatory requirements related to the IPP Office - In -depth knowledge of IPP Office’s policies, practices, processes and systems. - Broad-based understanding of the b

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