Legal advisor: Commercial & Contracts - Transnet

Description : Legal advisor: Commercial & Contracts. Company : Transnet. Location : Johannesburg, Gauteng

This advert is open for application by external applicants.

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.

Applicants that are interested in applying for any of the advertised positions must apply by registering on the Careers section
of the Transnet Internet. Please take care in completing all required details on the profile, and then apply for the position.

Alternative Application Methods: (Completed Curriculum Vitae to be submitted)

Post :

E-mail :

Fax :

The closing date is on 25.04.2023. It is the responsibility of the applicant to ensure that HR has received the application
before the closing date of the advertisement.

Note: if you have not been contacted within 30 days of the closing date of this advertisement please consider your
application as unsuccessful.

Any questions regarding the application or recruitment process should be sent in writing to
[email protected].

We urge all our employees, clients, members of the public and our suppliers to report any kind of fraud or corruption at
Transnet. Call the hotline toll free number: 0800 003 056 or email [email protected]

Operating Division : Transnet Property

Position Title : Legal advisor: Commercial & Contracts

Employee Group : Permanent

Department : Legal Services

Location : Johannesburg

Reporting To : Senior Legal advisor: Commercial & Contr

Grade Level : F

Reference Number : 80000583

Position Purpose:

It is to provide TP Business and Management with professional, comprehensive and credible legal advice as well as support

on corporate, property and commercial law; the prospective incumbent will further support the Head of Legal to ensure that

TP operates its functions and powers in a lawful manner by safeguarding the legal interests of TP in all its dealings with

internal & external parties in respect to commercial contracts, procurement related disputes and contracts, lease contract,

alienation and acquisition (DOS), rights, agreement issues, governance, and legal risk management and other legal related

matters.


Position outputs:

Provide accurate written & verbal legal opinions to Management regarding the interpretation of legislation, policies,

procedures and all business/operational issues of a legal nature.

Provide Legal Advisory services to the Transnet Property Procurement Function in developing RFPs, drafting and reviewing

contracts to ensure they comply with Legislation and Transnet policies.

Ensure the provision, development and management of enabling legal support, advice, and assistance on various corporate

and property law matters.

Advise Transnet on new and existing commercial and business transactions so that legal risks are identified and legal

requirements are met in all business transactions.

Representing Transnet in negotiations on business matters with legal implications.

Advising on property alienations and acquisitions and the leasing function, as well as drafting transaction agreements.

Assist the Senior Legal Advisor in Participating in Deal structuring.

Ensure management of risks in transactions.

Provide professional and credible contract management services in Transnet to ensure that all contracts are signed with

service providers and adhered to within the required service standards.

Provide legal support in respect of contract management and provide legal input into the procurement process.

Provide professional and credible legal drafting services in Transnet so that legally compliant documents,

service/procurement contracts, service level agreements, MOUs, leases, alienation and acquisition contracts are drafted and

implemented in Transnet.

Negotiate, draft and review contracts to be entered into by the Company with service providers.

Provide legal advice to TP, particularly in negotiations of contracts.

Perform reviews regarding in particular the form of agreements used by the TP.

Prepare, analyse, comment and interpret a variety of legal documents on matters relating to corporate law, property law and

commercial law so that professional legal opinions and comments are provided to Transnet.

Actively contribute in assisting the Senior Legal Advisor in developing, implementing and monitoring corporate law

frameworks, policies, procedures and uniform norms and standards for the provision of legal services and management of

legal risk.

Provide input into the drafting and review of policies and procedures against the governance and policy framework.

Liaise with external legal firms on the provision of specialist advisory services around various corporate law, property law and

commercial law issues, as may be directed by t.

On behalf of Transnet, may be required to assist in co-ordinating submissions on any draft legislation or regulatory directives

so that Transnet makes legal submissions to the Government on legislation affecting them.

Analyse, comment and interpret legislation relevant to Transnet and assisting in developing a risk management strategy for

the organisation.

Participate in the undertaking of legal due diligence exercises to identify and mitigate legal risks facing Transnet.

Develop, gain approval for, implement and monitor property law frameworks, policies, procedures and uniform norms and

standards for the provision of legal services and management of legal risk.

Provide input into the drafting of policies and procedures against the governance and policy framework.

May be required to assist the Senior Legal Advisor to negotiate and advise from a strategic point of view on all material

agreements with suppliers or clients of Transnet.

Provide legal advice to Transnet teams in respect of all the disposal processes of non-core assets of Transnet, ensuring

compliance with all applicable legislations.

Ensure that there is compliance in all respects with the PFMA and all relevant legislation impacting on Transnet.

Participate in various Committees within Transnet as requested and provide effective legal support in the various committees.

Draft and review applicable line management documents, including delegation of authority letters, powers of Attorney and

content documents.

Assist Senior Legal Advisor to Conduct due diligence on procurement tendering process.

Conduct legal research, Drafting of legal opinions and provision of ad hoc legal advice.

Provide comments on reports.


Qualifications & Experience:

  • LLB degree and admission as an Attorney is a minimum requirement.
  • 2-5 years post admission experience and a Minimum 2 years post admission experience (in-house)
  • Must have experience in the management of matters in relation to property law, commercial, drafting and review of
contracts administrative law matters as well as litigation matters
  • Requirement of Trust and Honesty in the handling of Finances as per the National Credit Act Amendment 19

Competencies:

  • Knowledge of relevant legislation and legal principles – All related contracts law, Property law, Promotion of Administrative
Justice Act (PAJA), Commercial Law and /or litigation matter.
  • Legal interpretation and drafting skills
  • Knowledge and understanding of the relevant Policies and legislative framework applicable to SOEs.