Legal and Contracts Manager

5 days ago

East Rand, South Africa Rand Refinery (Pty) Limited Full time

PURPOSE OF THE POSITION

**This position fulfils multiple roles**:
**Responsible for assisting the Senior Manager**: Legal and Commercial and the Company Secretary in fulfilling their duties, inter alia, as follows:
**Legal**: in project planning, implementing new contracts as well as terminating contracts, service agreements, sub-contractors and other 3rd party agreements, dispute resolution, providing business-related legal advice, opinions on legislation and compliance and legal risk management, all in a South African context.

**Company Secretary**: provide support to the Company Secretary, in implementing, ensuring, and adhering to legislation (including the King III), policies and procedures and standards; and

Assist in providing legal and governance advice and support to the Board, Board Committees and Exco and Exco Sub-Committees as and when required.

Provide good corporate governance.

MAJOR RESPONSIBILITIES CONTRACTS

Draft agreements for all departments within the organisation.

Review agreements received from third parties and related to the organisation.

Obtain internal approval of agreements via SharePoint, attend to comments, and attend to signing of agreements by the CFO and the CE.

Manage all agreements within the organisation, i.e., ensure on internal J-drive, accessible to business and termination dates managed.

Attend to amendment, renewal, and termination of agreements. Maintain a contract register and action contracts that are about to expire.

Compile necessary reports in respect of contracts for selected internal committees.

Together with the Sourcing department, maintain sourcing contract templates (Refinery, Smelter, Krugerrand, Purchasing).

Provide legal input and vet all contracts, in some cases lead contracts negotiation.

LEGAL ADVICE

Assist organisation with interpretation and implementation of legal advice.

Liaise with legal counsel in obtaining legal advice.

Compile necessary reports in respect of legal advice for selected internal committees.

LITIGATION

Liaise with legal counsel in respect of litigation.

Manage all legal claims/litigation against or instituted by the organisation.

Compile necessary reports in respect of litigation for selected internal committees.

INTELLECTUAL PROPERTY

Manage expiry dates of organization's trademarks.

Liaise with legal counsel in renewal of trademarks.

Compile necessary reports in respect of trademarks for selected internal committees.

LEGAL COMPLIANCE

Manage legal compliance with top 15 acts within the organisation vie Exclaim.

Manage the Legal Compliance Committee meeting, i.e., schedule meeting, obtain necessary reports and take minutes.

Compile necessary reports in respect of legal compliance for selected internal committees.

Understand the DMR process of granting of mining licenses (i.e. exploration licenses vs mining licenses, who can deposit what at Rand Refinery)

Understand the legalities around tolling material at South African plants (i.e., permits required SADPMR vs DMR vs NEMA etc.)

PERMITS AND LICENSES

Manage expiry dates of organisation’s permits and licenses.

Liaise with SADMPR in respect of precious metals import permit and precious metals export approval.

FIC REPORTING

Reporting to FIC monthly.

Compile necessary reports in respect of reporting for selected committees.

RESPONSIBLE SOURCING

Update the organisation on legislation related to responsible sourcing.

Consult with Sourcing on legal matters and seek / organise / manage legal opinion / representation.

Manage and comply with the SADPMR requirements for local mines / refiners who can deposit with Rand Refinery, mining rights, SADPMR refining, jeweller, beneficiation permit and settlement transactions.

Manage compliance with OECD Due Diligence Guidance for Responsible Supply; Chains of Minerals from Conflict-Affected and High-Risk Areas; LBMA Responsible Gold Guidance, LBMA Responsible Silver Guidance; and LBMA Toolkit.

Ensure compliance with Purchasing Requirements of the SADMPR.

AML - Ensure Compliance with all settlement requirements and AML policy

ATTENDANCE AT MEETINGS

Attend selected committee meetings on behalf of the Cosec, Legal and Risk department.

Take minutes of selected committee meetings.

Compile necessary reports for selected committees.

GENERAL LEGAL MATTERS

Attend to any other matters delegated to them by the Senior Manager: Legal and Commercial.

COMPANY SECRETARIAL

Attend to any matter delegated to them by the Company Secretary, in consultation with the Senior Manager: Legal and Commercial, pertaining to, inter alia, the following:
Statutory compliance.

Board sub-committees and internal committees.

MINIMUM QUALIFICATION

KNOWLEDGE AND EXPERIENCE

Knowledge of specific legal and company compliance requirements of the gold and mining industry (Medium to large company level).

Knowledge and full understanding of South African legislation and good corporate governance, incl. inter alia Companies Act, King Rep

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