Head: Legal Service / Commercial

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

Operating Division: Transnet Rail Infrastructure Manager (TRIM)
Employee Group: Permanent
Department: TR-LRC-Legal Commercial Law-JHB
Location: Parktown
Reporting To: General Manager: Legal, Risk, Governance
Grade: C
Reference: req4696

• Provide strategic leadership and guidance in the management and delivery of Commercial Legal services across Transnet Rail Infrastructure Manager, to protect the organisation from undue liability and exposure to risk.
• Provide the relevant assurance with respect to Commercial Law within TRIM and contribute to the effectiveness and efficiency of its governance, control and risk management strategies, policies and processes.
• Identify and drive advanced strategies in Commercial Law to increase the effectiveness of mitigation plans to prevent, manage and reduce identified business risks.

1. Lead the development and implementation of sound legal, governance and regulatory frameworks to ensure impeccable practices with regard to Commercial law within TRIM.
2. Develop and influence commercial law policies and procedures to enhance compliance and conformance to relevant regulations, National Treasury Guidelines and Transnet Contract Management Policy and Guidelines.
3. Ensure organisational compliance with prevailing statutory and regulatory requirements, and drive the implementation of changes in legislation and regulation pertaining to commercial law within the organisation.
4. Lead and provide strategic direction with respect to contract management across TRIM, and provide assurance of the effectiveness and efficiency of governance, risk management and control measures and processes.
5. Provide expert legal advice in drafting, vetting and amending significant, strategic commercial contracts, agreements and MOUs across TRIM, ensuring legal soundness and that the interests of the organisation are protected.
6. Minimise TRIM's exposure to litigation risks arising from mediocre or deficient contract management practices by developing strategies and governance mechanisms to address business risks.
7. Provide thought leadership and legal advice on all legal aspects which may have an impact on procurement.
8. Review and provide accurate, expert and specialist legal advice and opinions on all Construction Law, Commercial contracting and related matters.
9. Provide advice on legal aspects of sales, marketing and new business opportunities.
10. Manage commercial arbitrations, including preparing and drafting claims for arbitrations and assisting external counsel where necessary.
11. Review and draft all relevant agreements/documents pertaining to Legal-Commercial and ensure compliance with statutory and/or legal requirements.
12. Continuously monitor compliance with statutory obligations.
13. Conduct risk assessments and analysis as appropriate to identify key risk areas, and ensure implementation of appropriate mitigation measures.
14. Continually assess the effectiveness/performance of the Commercial Legal function and institute improvements as required.
15. Ensure compliance with established procurement policies and procedures, as well as other standard operating procedures within TRIM.
16. Advise on Information Technology, Telecommunications and Intellectual Property matters.
17. Ensure mitigation of legal risk exposure through expert and professional legal knowledge and advice.
18. Ensure interface and sharing of lessons learned with compliance, risk management, governance and litigation.
19. Prepare a departmental resource plan and compile, monitor and control the annual budget.
20. Develop a Legal Commercial model that is agile and innovative.
21. Manage and oversee team performance through performance planning, coaching and performance appraisals.
22. Provide ongoing feedback, coaching and mentoring to build internal capacity and drive individual professional and personal career growth.

• LLB Degree.
• Admitted Attorney / Advocate of the High Court of South Africa.
• 10 - 12 years experience in commercial law in a large organisation with a complex commercial environment, with at least 5 years at a senior managerial level.
• Seasoned professional with advanced knowledge of PFMA commercial and company law and an in depth understanding of the SA legislative framework, particularly related to a regulated environment.
• Proven track record in effective management of commercial related legal matters, including telecommunications, Information Technology and Intellectual Property Law.
• Requirement of trust and honesty in the handling of finances as per the National Credit Act Amendment 19.
• Must undergo Lifestyle Audit.
• Driver's licence Code 08.
• Willing to travel when required.

• Strategy & Sustainability
  • Strategic Thinking: Formulates strategies and business plans to achieve the overall organisational direction.
  • Commercial awareness: Keeps abreast of internal and external factors that can impact the business.
  • Innovating: Generates new ideas or solutions by thinking "outside of the box", reviews current processes or systems and identifies ways to optimise them.
• Ethical Inspirational Leadership
  • Inspiring People: Leads by example. Inspires, motivates and empowers team members to do their best.
  • Managing Talent: Provides clear direction and sets performance standards/requirements for the team.
  • Leading Change: Leads and directs change initiatives.
  • Embracing Diversity: Leads and promotes equal opportunity and has an appreciation for diversity in the workplace.
• Business Performance and Delivery
  • Lead Business Performance: Leads the business to be more efficient and effective.
  • Strategic Decision Making: Is decisive and takes full accountability for decisions.
  • Business Acumen: Understands and deals with various business situations using obtained knowledge and a broad spectrum of expertise.
  • Analysing: Thinks in a systemic way but is open to new approaches.
• Relationship Management
  • Communicating Effectively: Communicates the business strategy and objectives in a clear and consistent manner.
  • Collaborating and Networking: Builds wide and effective relationships with people inside and outside of the organisation to help achieve the organisational goals and objectives.
  • Service Oriented: Leads by example; strives for a customer centric culture where everyone acts with the customer in mind.
  • Persuading and Influencing: Is able to persuade and influence those around him/her for the benefit of achieving the organisational/departmental goals and objectives; identifies and influences key decision makers using strong persuasive techniques and creates a strong personal impression that leads to buy in from others.
• Corporate Governance & Compliance
  • Leading Governance: Always works in the best interest of the organisation and aligns business practices to the ethical obligations and good corporate governance.
  • Leading Safety Practice: Leads safety practices by communicating, enforcing and supporting all safety standards and activities.
  • Leading Risk Management: Identifies areas of risks and implements corrective actions to mitigate the impact of risks to ensure overall sustainability.

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.

If you have not heard from Transnet within 90 days, please consider your application as unsuccessful.

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