Legal Advisor

SUMMARY:
Render professional legal advice to ensure all actions/resolutions regarding matters relating to the Fund comply with statutory requirements.

POSITION INFO:

Provide legal counsel/advice

• Render professional legal advice to ensure all actions/resolutions regarding matters relating to the Fund comply with statutory requirements.
• Provide legal advice/assistance in the application of legislative prescripts, including the rules of the Fund.
• 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.
• Investigate facts, research and apply legal principles to formulate and communicate legal opinion and/or documents.

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 the company’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 the company 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 the company in accordance with appropriate procedure.
• Take the lead in advising on  disputes  and any related processes
• 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 the company 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 the company’s interests and minimising costs.
• Represent the company 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.

Requirements

Required Minimum Education/Training

• LLB, BCom Law, or similar qualification.
• Registered with professional bodies – (advantageous).
• Admitted Attorney.

Required Minimum Working Experience

• At least 8 years post admission job-related experience.
• Experience at a pension fund or in a similar environment would be an added advantage.

TECHNICAL COMPETENCY REQUIREMENTS

• Knowledge of Financial Services Industry Laws (PFA, FSRA, etc), regulations and other related guidance instruments issued by the Financial Sector Conduct Authority.
• Working knowledge of:
  • Retirement Fund Law.
  • Income Tax Act.
  • Labour Relations Act.
  • Divorce Act.
  • Litigation.
  • Cooperate Laws.
  • Regulatory Landscape impacting retirement fund investment.
  • PE deal structures and terms, conduct due diligences, and advise on the terms of the deal.
  • Reviewing, drafting, and negotiating contracts with a focus on business transactions and commercial agreements.
  • The ability to use standard software packages (e.g. Microsoft Office) and to learn bespoke packages if required.
  • Excellent negotiation, drafting, and analytical skills.
  • Drafting and presenting reports.
  • Experience in dispute resolution, Litigation Management and Cost.
  • Competence in risk management is highly recommended.

Behavioural Competency Requirements

• Leadership
• Self-mastery
• Executes with Excellence
• Customer Centric
• Agile