Head: Litigation

**_Equity Statement : Preference will be given to suitably qualified Applicants who are members of the_**
**_designated groups in line with the Employment Equity Plan and Targets of the Organisation/Operating_**
**_Division._**
**_Alternative Application Methods: (Completed Curriculum Vitae to be submitted)_**
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**_Operating Division : Transnet Freight Rail_**
**_Position Title : Head: Litigation_**
**_Employee Group : Permanent_**
**_Department : Legal Services_**
**_Location : Parktown_**
**_Reporting To : General Manager: Legal, Risk & Complianc_**
**_Grade Level : C_**
**_Reference Number : 50017722_**
**_Position Purpose: _**
To provide strategic leadership and guidance in the management and delivery of litigation services across Transnet Freight
Rail in terms of applicable statutes and rules of court.
To provide assurance to leadership that litigation processes are adequate and effectively managed.
To provide required support and expertise in managing TFR’s litigation cases and in advising leadership of any major
litigation issues that may arise to avoid unnecessary cost and reputational damage.
**_Position outputs: _**
1. Lead the development and implementation of a robust Litigation Framework and Litigation strategy for TFR, aligned to the
Transnet Litigation strategy.
2. Provide input and influence the development and review of Litigation Policies and Procedures and Protocols to ensure
that it addresses TFR specific needs.

3. Lead and provide strategic direction to the TFR Litigation function and provide assurance to leadership as to the
effectiveness and efficiency of control measures and processes.
4. Develop, implement and monitor Litigation procedures, principles, standards and directives including digitalisation to
enhance the effectiveness of the Litigation function and create consistency and quality of approach and outputs.
5. Provide expert advice with respect to litigation matters to TFR leadership and key stakeholders.
6. Manage TFR’s litigation cases with the necessary expertise and in accordance to professional standards in a manner that
is cost effective and avoids reputational damage.
7. Represent TFR in litigation cases, and provide assistance with the preparation of arguments/cases/appeals for the Courts
as and when required.
8. Conduct research to ensure alignment to leading practice, enhance litigation effectiveness and sustainability of the
function.
9. Conduct litigation risk assessment and analysis to identify key risk areas, and ensure implementation of appropriate
mitigation measures.
10. Continually assess the effectiveness / performance of the litigation function and institute improvements as required.
11. Keep TFR abreast of legal changes that directly impact the organisation and industry and ensure awareness of
compliance issues.
12. Identify, select and retain external counsel to obtain legal opinions and/or handle litigation on behalf of TFR as and when
required.
13. Ensure just, fair and equitable distribution of legal instructions to all firms on the legal panel.
14. Engage with relevant stakeholders, intermediaries, legal institutions and representative bodies.
15. Ensure interface and sharing of lessons learnt with compliance, risk management, governance and legal services.
16. Prepare reports with respect to new litigation matters, litigations in progress, closed matters, successes and failures and
lessons learnt including intelligence and foresight.
17. Prepare a Litigation resource plan and compile, monitor and control the annual budget, taking into consideration the
various potential sources for litigation risks, including provision for possible legal cost.
18. Design mechanisms to actively monitor litigation costs with the aim of reducing spend.
19. Coach and mentor employees to build internal capacity.
20. Managing the litigation related risks and mitigation of such risk.
21. Managing and Reporting litigation costs in the best interest of TFR.
22. Development of legal processes which will reduce the TFR exposure to litigation.
23. Development of an Inhouse Legal Counsel litigation model that is innovative and agile.
**_Qualifications & Experience: _**
- LLB or B.Proc degree
- Postgraduate qualification would be an added advantage
- Admission as an Attorney or Advocate of the High Court of South Africa
- 10-12 years’ experience as a Practicing Attorney/Advocate of which at least 5 years must be at a senior managerial level
- Extensive Litigation experience
- Experience and thorough knowledge of the law and legal profession, with a specific focus on General Litigation, drafting of
legal opinions, etc.
- Experience and knowledge of Legal Practical procedures; Rul