Purpose of the Job
• Provide strategic and pragmatic legal advice and related services to Organisation and its subsidiaries through the optimal mix of in-house and external legal services provides within a Functional Excellence framework.
• Assist the General Counsel MEA and CEO respectively in meeting corporate governance and legal obligations while optimising long term stakeholder value.
• Lead and co-ordinate the Legal and Company Secretariat teams of the Organisation with integrity and applying the highest ethical standards.
• As a member of the South African Exco, drive and develop the overall Organisation’s business and participate in Exco meetings and activities to ensure the company fulfilment of its long-term goals, strategies, plans and policies.
• Be a trusted advisor to the CEO, General Counsel MEA and the rest of the South African Exco.

Main Tasks and Responsibilities

Standard Safety
• Demonstrate visible leadership by regular involvement in site visits, high level incident reviews and safety tours.
• Communicate frequently OH&S expectations and current progress towards safety goals.
• Demonstrate the OH&S competencies at all times.
Provision of strategic Legal Services
• Lead and drive the provision of strategic legal services which are technically excellent, value adding, commercially relevant, timely, cost effective and solutions driven, including;
• Monitoring developments in the law and, as necessary, advising the Directors and CEO the General Counsel MEA and develop appropriate responses;
• Driving a risk based approach to legal and governance issues and responses to add value to the business over time;
• Overseeing the engagement and performance of external legal services providers with the objective of optimising organisational legal spend and ensuring appropriate quality and value for money;
• Leading and advising the CEO, Exco and Board on material legal matters and transactions;
• Managing the financial resources of the legal function and ensure the organisation operates within the agreed budget;
• Overseeing the drafting, negotiating and advising on a wide range of legal agreements and transactions (corporate and commercial, procurement, financing, intercompany arrangements, customer contracts etc.);
• Overseeing and managing legal disputes;
• Ensuring services are delivered in a functionally excellent / best practice framework as well as sharing learnings across the region where relevant;
• Building collaborative and productive working relationships across and with key external stakeholders particularly to drive preventative outcomes; and
• Provide project specific support to the General Counsel MEA and assist as required on regional work which may be sponsored or supported by the Organisation
Provision of Related Services
Overseeing the discharge of the following responsibilities of the legal and company secretariat functions:
• Develop, in conjunction with the General Counsel MEA and CEO, an annual functional plan for endorsement by Exco and General Counsel MEA;
• Ensure the execution of contracts and other legal commitments are in accordance with relevant company and group Directives and generally accepted good governance standards and if not, ensure appropriate remedial measures are put in place;
• Work co-operatively with the General Counsel MEA (including regular reporting) and the other op co legal counsel in the region to drive best practices (Functional Excellence) and contribute more broadly as a member of the Regional Legal Leadership team for South Africa.
Company Secretary and Related Services
• Leading the Company Secretariat team to ensure first class governance advice and support to the Board and stakeholders as required.
• Working with the Company Secretariat team to oversee the drafting and preparation of the agenda, planning and facilitate relevant papers for all Board of Directors’ and Committee meetings and ensure adequate minutes of meetings are prepared (in compliance with laws and otherwise).
• Addressing ad hoc governance queries from Directors and Exco members as appropriate as well as from regulators (e.g. SEC)
• Acting as the designated Company Secretary and Corporate Governance Compliance Officer (in accordance with the Group’s Corporate Governance Code).
• Advising on the Listing and Disclosure Rules of the Organisation’s Stock Exchange and related corporate legislation
• Overseeing the preparation of relevant government / regulatory filings as they relate to the governance or administration
• Ensuring that all relevant governance documents are properly maintained (including Board and Committee Charters, By-Laws, Board Corporate Governance Manual).
• Overseeing and leading the Annual General Meeting (preparation and conduct) and EGMs as required.
• Supporting the development and delivery of relevant corporate governance initiatives from time to time (in conjunction with the General Counsel MEA)
• Overseeing and leading the planning and preparation of the Annual Report including the Annual Corporate Governance Report (and related matters).
Exco and regional broader participation
• Contribute effectively as a member of the Regional Legal leadership team assisting the General Counsel MEA in the fulfilment of his / her duties.
• Active contribution of the broader corporate and strategic considerations of the company and as a member of Exco.
• Report on legal issues and developments which may significantly impact on the Organisation and relevant Exco members’ division or functional area.
• Support the development of policy and strategic decisions.
• Contribute to planning, governance and approval processes as required (including continuous improvement programmes and initiatives).
• Provide other support and or advice to the Company and the CEO of as and when required.
People & Leadership
• Strong and experienced leader with a track record of people development.
• Ensure staff understand what is expected of them and receive timely feedback on their performance.
• Conduct effective performance reviews, objectives setting and IDP development processes.
• Ensure policies are communicated and observed.
• Demonstrate effective leadership and delegation of tasks
• Ensure appropriate people development and engagement processes are in place to drive Functional Excellence in respect of the Legal and Secretariat team.
Other Duties
• Duties may be varied from time to time consistent with the employee’s training and skills and such varied duties are to be performed to standards that will be specified as required by the (after consultation with the CEO).
• Managing the balance between internal advice and external cost and advice.
• Working effectively in a matrix structure with multiple reporting lines and across the regional corporate office (CEO of South Africa and General Counsel MEA).
• Delivering value and good performance in the legal and governance area.
• Managing and adding value to the General Counsel MEA, South Africa CEO and Directors’ business and strategy.
• Driving a Functionally Excellent Legal and Governance team that is agile and value adding.
• Being a trusted and wise advisor to the CEO and Exco – not just a technical functional expert.
Management of Trust Funds
• Manage, coordinate and submit all changes to the Trust Deeds of the Trusts with the Master of the High Court
• Restructuring of the Boards of Trustees of each Trust
• Issue and manage all Resolutions related to the Boards of Trustees of each Trust
• Approval of all Trust related / Shares related correspondence, brochures and formal communications
• Coordination and registration of all future Trusts related to Employee Share Schemes
• Liaison between CFO, Exco, Auditors and all other key stakeholders in managing the Trusts, together with the BEE Partner
• Manage and coordinate regular meetings between members of the Board of Trustees
BBBEE Knowledge
• Responsible for supporting BBBEE Transformation Lead with the execution of all BBBEE transformation interventions across the Company
• Monitor implementation of various BBBEE initiatives in areas of ownership, management control, employment equity (EE), skills development and preferential procurement (PP).
• Ensuring Legislative compliance
• Ensure audit and verification processes of Company's BBBEE contributions are conducted on an annual basis Transformation strategy execution
• Build strategic relationships with relevant stakeholders
• Support in tracking budget spending against targets Core Competencies
• Help develop EE reporting and monitoring tool Support project management of transformation initiatives/projects Preferential Procurement

Role Competencies
• Highly Proficient in written and spoken English including the ability to draft (and negotiate) complex legal documentation.
• Highly developed legal and commercial acumen particularly so as to contribute to, and influence, broader Exco discussions and deliberations.
• Ability to influence stakeholders at all levels particularly at a senior level including regional / global management, CEO, Directors, Board, Regulators an Exco.
• Excellent interpersonal and communication skills and the ability to balance information sharing and appropriate escalation of key legal matters to the CEO and General Counsel MEA.
• Strong presentation skills and the ability to effectively deliver credible and strategic presentations at a Regional, Board, CEO and Executive Committee level (when required).
• Strategic and wide thinker who is intellectually agile and curious – applies the skill creatively to reach the best legal solution and is also comfortable taking commercial and other positions to advance the interest of the organisation as a whole.
• Capable of designing and executing medium / longer term strategic plans while dealing with pressing and immediate issues.
• Forward looking, self-motivated and outcomes-orientated, with experience in leading in a dynamic environment.
Leadership / personal attributes
• Excellent all round legal and business judgement.
• Possesses unquestioned reputation for integrity, ethics, and personal values. Credible role model. Embraces a “Do the Right Thing” culture.
• Ability to stand his/her ground and challenge the CEO/Exco in respect of legal, governance, ethical/reputational or compliance matters but at the same time see the broader commercial picture/objectives.
• Ability to deal with ambiguities and find sensible commercial solutions but always acting with the highest levels of integrity and in compliance with law and Company Directives.
• Pro-active leader (makes things happen) and the ability to guide the effective delivery of results through others.
• Personal gravitas, impact and influence to reflect the nature and importance of the role.
• Confident but without strong ego, self-aware and open to feedback.
• Courage to make decisions, yet patient enough to make the right ones.
• Demonstrates a bias to working in a team-orientated fashion, supporting others success.

Role dimensions
Three / four direct reports

Qualifications
Must have a Law degree from recognised SA University
Higher Law qualification from a common law country is optional
Commercial (accounting, business and / or economics) degree is optional
Current admission to practice as an Attorney in SA (or in the future) is optional

Career Experience
Must have Significant experience in both private legal practice as well as a solid track record working as a senior counsel within a corporation (10+ years)
Must have Significant experience (3+ years) in a senior legal leadership role (Head of Legal, General Counsel role) and having sat on an Exco or management team)
Must have Experience working and living in SA so as to have an appropriate cultural awareness and context for working effectively
MNC experience (preferably as a Senior Counsel) is optional
Blue chip law firm experience – SA or international (associate of above) is optional
Must have Experience leading a team (including lawyers)
Experience working with international legal services and or international markets (outside SA) is optional

Functional Experience
A desire for Competition law
Must have Commercial law
A desire for M+A and capital markets
A desire for Litigation and employment and industrial law
Must have Listed company experience (SA or elsewhere) and familiarity with SA Listing and Disclosure Rules and Corporate Governance Code
A desire for Experience in corporate compliance including anti-bribery and corruption, sanctions
A desire for Experience in industrial, manufacturing, mining services, technical environments