Senior Legal Advisor

1 week ago

Midrand, South Africa DBSA Full time

Each province in South Africa is divided in districts constituted of several municipalities. The DBSA designed the PaD Programme to partner with 15 districts consisting of approximately 75 Municipalities over the next three (3) years to increase sustainable development outcomes in the districts through an integrated programmatic and partnership approach.

The Senior Legal Advisor is responsible for providing legal support by providing general legal advice, drafting and negotiating various agreements and implementing an effective contract management system. Work closely with SCM and procurement stakeholders to ensure all agreements are aligned to legal and DBSA supply chain/procurement management policies. The role is required to provide legal services across various operational functions operating generally in local government environment.

**Key Responsibilities**:
**Legal Advisory Services**
Provide legal advice and communicate the risks and legal issues involved in a broad range of commercial transactions and operational legal matters.
Draft, negotiate and/or and review a variety of legal contracts including services, consultancy, collaboration, software/ hardware support, lease, finance and grant agreements to minimise risks and maximise legal rights in alignment with corporate risk procedures.
Develop the contracting framework to support the structuring and development of support to inter alia local government programmes and advise on the (i) regulatory, (ii) governance and (iii) contractual components of the programme execution strategy.
Undertake legal research and draft legal opinions to facilitate the interests and objectives of the Partner-a-District and the DBSA and ensure legally sound practices.
Conduct legal due diligence and evaluate the legalities of how the various projects and partnerships are structured.
Manage legal litigation proceedings prepare legal briefs communicate with external Legal Counsel to ensure timely reporting and coordinating the flow of information.
Engage and manage external counsel / legal advisors to ensure alignment on legal briefs, work performed and monitor costs are within budget.
Assess legal risks and proactively provide solutions and mitigation actions that consider multiple stakeholders and the impact of the risks.
Work with SCM to guide material purchases, acquisitions, and engagement of vendors for new and complex services to ensure that the correct procurement processes are followed.
Monitor those operations within the programme are aligned to internal policies and procedures and meet regulatory requirements of compliance with National and Local Government laws and regulations.
Liaise with other legal operations within the DBSA to support the objectives of the broader legal and risk function for the programmes.
Prepare and present reports on contracts/agreements and legal matters to Exco, Board Committees and key stakeholders.
Provide general legal education and training to a broad range of stakeholders as may be required.

**Contracts Management**
Conduct due diligence on contractual documents to ensure the credibility of the contracts management process and take action to address any contract outages.
Provide advice on how to enforce performance management processes and contractual obligations of partners, service providers and consultants for the programme as per the contractual agreements.
Verify that payments to service providers and consultants are aligned as per the contractual agreements.
Maintain contracts management system database and electronic files.
Prepare contractual claims including extensions of time, prolongation cost, acceleration cost, and all other contractual claims in conjunction with the legal team and key stakeholders.
Prepare and provide reports on contracts/agreements and legal matters to key stakeholders.
Monitor compliance to contractual requirements ensuring all conditions are satisfied by all parties involved.
Initiates and/or conducts meetings with contractors concerning contractual problems as requested by line management.
Collaborate with SCM in developing procurement documents to ensure that they adhere and align to compliance principles laid out in the following: National Treasury Supply Management Circulars, Directives and Guidelines; Supply Management policies; Public Finance Management Act (PFMA); Preferential Procurement Policy Framework Act (PPPFA); Other applicable Procurement Laws and Public Law principles.
Required to provide legal support to the programme with any other matters as required.

**Key Measurements of Outputs**
Quality and accuracy of contracts, legal opinions, and agreements.
No litigation due to contractual errors and or omissions.
Effective monitoring of the contracts and agreements.
Case duration: The time taken for a matter to go from open to closed.
Time taken to prepare and or review agreements, and opinions and provide solutions.
Effective management of legal claims and litigation risks.

**E

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