Job Description

JOB PURPOSE
The Legal and Compliance Officer is responsible for ensuring that the organisation complies with the regulatory and legislative requirements and that the organisations operations comply with internal standards. Ensure that all legal and compliance risks are managed and that legal and compliance issues and processes are monitored and reported. The successful applicant will be based in the ETDP SETA Head Office in Johannesburg and report to the Manager: Corporate Servies.

The successful candidate must meet the following minimum requirements:

MINIMUM REQUIREMENTS

• Matric / Grade 12 (NQF Level 4) and,
• A Bachelor of Law Degree, LLB, or B. PROC (NQF Level 7).
• Completed articles within the legal environment will be advantageous.
• A membership with the Compliance Institute of South Africa or any Legal Institute will be an added advantage.
• A minimum of five (5) working experience in a legal environment in contract management, litigation and or in regulatory compliance experience.
• Experience in developing and managing compliance monitoring programmes.
• A proven experience in coordinating compliance issues at an organisational level.
• Strong contract drafting skills on commercial agreements (contract management).
• In-depth knowledge of applicable Compliance and Risk standards and management.
• Sound analysis and interpretation of laws and regulations knowledge.
• Computer literacy (MS Office packages) and an ability to work with data.
• A valid certified drivers license is essential.

KNOWLEDGE, ATTRIBUTES AND SKILLS REQUIRED

• Understanding and knowledge of regulations and legislation pertaining directly/indirectly to commercial contracts.
• Excellent advisory and consultation skills.
• Excellent skills in collecting and interpreting data.
• Articulate effective communication (written and verbal) skills with the ability to communicate internally and externally (lawyers, regulators, auditors) at all levels.
• Good organisational and time management skills would lead to the timely delivery of all outputs.
• Strong investigative ability and be assertive.
• The ability to work under pressure and with minimum supervision.
• Be more attentive to details with sound practical conflict management skills.
• Provide general legal support and substantive legal advice to the organisations operations.

DUTIES AND RESPONSIBILITIES

• Draft standard template of ETDP SETA Agreements (inter alia service provider agreements, suretyship agreements, SLAs, MOUs, MOAs, etc.).
• Negotiate contracts with relevant institutions and draft legal letters.
• Oversee the drafting and vetting of contracts, legal matters/instruments and compliance processes within the ETDP SETA.
• Peruse agreements/contracts and provide opinions on the organisation's acceptability and appropriateness (valid and legally binding).
• Draft and/or review leases, service level agreements, and all agreements attached to the ETDP SETA buildings.
• Facilitate the signing of legal agreements and explaining content to non-legal employees.
• Resolve legal disputes by conducting thorough research into relevant legal issues.
• Draft legal and policy documents and amend same when required.
• Attend all legal correspondence, e.g., letters of demand, summons, and all court processes received and to all legal-related matters for the organisation promptly, professionally and efficiently.
• Follow the organisations approved procurement policy and establish a panel of attorneys for the company.
• Liaise with external attorneys and advisors on specialised areas of law and prepare comprehensive briefs to counsel, where required.
• Consult and advise stakeholders on resolution of legal matters and the interpretation of the law.
• Prepare reports for senior management within the organisation.
• Drive the compliance risk assessment in analysing the compliance risks and identifying, describing and estimating the compliance risks affecting the organisation.
• Consolidate the compliance universe and monitor compliance in this regard.
• Develop and manage compliance programs to minimise instances of non-compliance.
• Monitor compliance with legislation, rules, codes, standards, policies, and procedures within relevant areas and report non-compliance issues to the Line Manager periodically.
• Ensure the promotion and assessment of the current state of compliance across the organisation.
• Develop and implement organisation compliance profiles.
• Participate in implementing compliance risk action plans and participate in special or ad-hoc strategic risk assessments or projects.
• Provide support with regard to developing, initiating, maintaining, and revising policies and procedures for the general operation of the organisation and related activities to prevent any risky conduct.
• Maintain compliance risk management plans of the ETDP SETA and oversee the maintenance of the relevant plans for accurate record keeping and tracking the recording of actions for improving compliance status.
• Report compliance status in the management reports and to the Line Manager, Risk Management Committee and other structures as and when required.
• Provide advice to the relevant department in terms of compliance issues identified in the respective areas.
• Facilitate compliance management training closely with HR and other relevant stakeholders.
• Research best practices in corporate governance to adopt and align them with the organisation's compliance practices.
• Compile monthly compliance reports for the various stakeholders.
• Any other duties as assigned by the Line Manager.

The successful candidate will have to enter a performance contract with the ETDP SETA.
Interested applicants who qualify in respect of all the criteria above should forward their detailed CVs accompanied by clear readable certified copies of their qualifications, Identity Document, Drivers License and a motivation letter highlighting previous experience and career achievements related to the position.

The applicant is responsible for submitting their foreign qualifications accompanied by an evaluation report issued by the South African Qualification Authority (SAQA).

The closing date for all applications is 19 January 2024 at 16h00.

The appointment will be made in accordance with the ETDP SETAs Employment Equity Plan and Policy. The ETDP SETA promotes the employment of people with disabilities who are encouraged to apply. Correspondence will be entered into with shortlisted candidates only.

IMPORTANT NOTICE
By applying for this position, you hereby acknowledge that you have read and accepted the following Protection of Personal Information Act, Act 4 of 2013 (POPIA) disclaimer:

• Consent for the ETDP SETA to process my personal information as part of the recruitment process.
• The ETDP SETA shall take all reasonable measures to protect the personal information of applicants, and for the purpose of this disclaimer, "personal information" shall be defined as detailed in the POPIA.
• The ETDP SETA reserves the right to withdraw or not to fill the position for whatever reasons.

Applications submitted without clear readable certified copies of qualifications, certified drivers license and certified identity documents, as well as applications received late, will not be considered.

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