Legal Advisor

2 weeks ago


Bryanston, South Africa Eskom Pension and Provident Fund Full time

**Provide legal counsel/ advice**
- Render professional legal advice to ensure all actions/resolutions regarding matters relating to the Fund are complying with statutory requirements.
- Provide advice to internal stakeholders across the range of legal interests, risks and obligations.
- Guide the fiduciary responsibilities of Trustees and management through the provision of sound advice on issues identified and queried.
- Advise the Principal Officer (PO) regarding duties and responsibilities in terms of the Pension Fund Act.

**Contract management**
- Compile and review referred agreements in terms of recognized best practice and business requirements.
- Negotiate the terms of the contracts when necessary, achieving EPPF’s best interests.
- Provide legal advice to the Fund on the implications of contracts, minimising legal risk.
- Make alterations and/or negotiate alterations to contracts to protect the interests of the Fund.
- Resolve contractual disputes in the interests of the Fund.
- Deal with contract exit management appropriately, minimising risk.
- Maintain a repository and database of all Fund contracts, which are approved and accessible.

**Perform legal duties and administration oversight, including participation in Fund-wide Projects/ Initiatives.**
- Oversee the quality and output of the Junior Legal Advisor, ensuring their performance is regularly monitored and coaching them for development and continuous improvement.
- Lead the legal, taxation, statutory and general interfaces within and between the EPPF and its stakeholders in compliance with the Pension Fund Act and associated regulations.
- Maintain adherence to the Financial Sector Conduct Authority (FSCA) requirements.
- Ensure receipt of summonses and court related documents served on the EPPF in accordance with appropriate procedure.
- Investigate and compile reports outlining action plans related to summonses and court orders.
- Draft standard documentation e.g. acknowledgement of debt, rules and contracts.
- Resolve legal disputes by liaising with external parties verbally and in writing e.g. member complaints.
- Maintain the legal records as required by law and make available when required by the authorized people.
- Manage and maintain the Fund attorney database.
- Provide input in the administration of the EPPF Rules by overseeing the maintenance of a library of documents related to rules and benefits and updating the rule-book as necessary.
- Draft various legal communications based on information provided, with proper consideration to legal implications of response.
- Provide inputs in the compilation of annual audit report, at financial year-end within stipulated time frames.
- Provide legal advice or comments on reports that have to be tabled before management.
- Manage the section’s budget contribution by reconciling all budget activity (invoices) for consolidation and report to the Governance and Assurance Executive.
- Lead and Participate in different Fund committees and strategic initiatives/ project

**Manage legal action**
- Manage the process of litigation and provide necessary support to external legal service providers.
- Brief attorneys to institute legal proceedings in defence of the Fund.
- Conduct investigations to ensure an accurate factual basis is established on designated issues, preparing case files and drafting documentation.
- Research applicable legal principles and Pension Fund Rules to establish a legal position.
- Manage resources and litigation process, protecting the EPPF’s interests and minimising costs.
- Represent EPPF at statutory inquiries, administrative or any other proceedings as and when required.
- Receive and conduct an initial evaluation of court processes served on the Fund, provide advice on approach to be adopted by the Fund.
- Implement recommendations of the Attorneys, when required, regarding court cases and legal administrative affairs.

**Manage legislative compliance**
- Draft regulatory updates to Management and relevant Board structures as required, in order to create regulatory development awareness in the Fund and to transfer knowledge.
- Monitor that the Fund meets its statutory obligations in terms of members and the Employer’s responsibilities, following up appropriately to achieve compliance.
- Assess statutory compliance in terms of relevant legislation throughout the Fund.
- Assess company risk in terms of legislative requirements and make recommendations which minimize negative impact.
- Coordinate training in new pertinent legislation throughout the Fund.

**Minimum Education/Training**
- Honours Degree in Law or related discipline.
- Registered with professional bodies - (advantageous)
- Admitted Attorney
- Advocate of the High Court (advantageous)

**Minimum Work Experience**
- At least 5 years job-related experience (at a Pension Fund or similar environment).

**Technical Competency Requirement**
- Pension Fund Act and other Laws, Regulations associated cir


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