Purpose:

Provision of legal and procedural advisory services in respect of laws processed and passed by the Legislature to ensure they are constitutionally sound, advising on legal mechanisms to ensure public involvement in the Legislature processes, advise on enhancing co-operative governance and inter-governmental relations between the NCOP, Legislature and the local sphere of government and institutions supporting democracy; and to provide legal and procedural support in assisting the Legislature to conduct oversight including on the implementation of legislation by the Executive to ensure that the laws passed by Legislature are responsive to the needs of the people of the province.


KEY PERFORMANCE AREAS

KPA 1: Financial Management:
• Participate and contribute to the development of the Strategic Plan of the stream and business plan of the unit;
• Implement the budget according to Legislature strategies and unit business plans;
• Develop monthly and quarterly reports;

KPA 2: Legal and Procedural Advice - Law Making:
• Provide legal advice to the Speaker and Presiding Officers on legislation in terms of Parliamentary programme to ensure that provincial interests are taken into account when NCOP bills are considered at Parliament as well as on provincial input for appropriate tagging on national bills;
• Provide legal and procedural advice to Committee Chairpersons on impact of national legislation on the relevant portfolios in the province during Parliamentary briefings;
• Analyse and simplify bill content for purposes of assisting the Public Participation Team in the pre-public hearing meetings and public hearings;
• Monitor and evaluate compliance with the Constitution and Standing Rules with respect to the Legislature oversight mandate and effective public participation;
• Provide legal and procedural support and advice to Committee and relevant Legislature units during public hearings on legislation to ensure that matters with legal implications are properly attended to;
• Convene the task team together with the relevant support functions to outline procedure in dealing with the bill, timelines and for confirming roles and responsibilities in considering and processing of national bills;
• Research and draft legal opinions on bills for presentation at Committee meetings;
• Review bills and amendments thereof to confirm their legality;
Determine the effect of amendments or bills on other applicable legislation and to ensure conformity to Constitutional Principles
• Draft recommendations for amendments on bills to Committees on National and Provincial legislation;
• Provide qualitative legal and procedural advice to Committees and Presiding Officers;
• Draft legislative proposals and draft bills in line with the Legislature mandate;
• Draft Legislature mandates to the NCOP as adopted and resolved on by Committees and the House;

KPA 2: Oversight and Scrutiny:
• Provide legal and procedural advice to designated cluster of Committees on conducting oversight on the implementation of legislation passed by the Legislature and the Executive;
• Scrutinize subordinate legislation i.e. regulations, notices and proclamations by Members of the Executive Council - MECs and Ministers to advise on the impact on the province;
• Provide legal and procedural advice on petitions received by the Legislature in line with the Constitution and the Petitions Act to ensure that the needs of the people of the province are addressed;
• Provide legal opinions and analyses to Cluster of Committees on matters arising from oversight on the Executive;
• Provide legal and procedural support and advice on the implementation of the Committee Inquiries Act and the roll-out and conducting of the inquiries process by Committees;
• Project manage as designated by Unit Manager on annual basis the Provincial Oversight Week and Taking-Parliament-t- the-People Programmes to ensure that provincial matters that require national intervention and competence are taken to the National Agenda through the NCOP;

KPA 2: Enhancing Co-operative Governance:
• Provide legal and procedural support and advice on appropriate mechanisms to ensure collaboration and enhanced co-ordination with the other spheres of government;
• Provide legal and procedural advice to the Speaker and Presiding Officers in relation to programmes of the provincial Speaker’s forum;
• Draft legal and procedural opinions and analyses on Co-operative Governance initiatives and programmes for the unit;
• Provide technical-legal and procedural support to Office Bearers, Presiding Officers and MPL’s in support of the co-operative governance programmes and projects;


KPA 6: Legislative Compliance:
• Advise on compliance requirements to Presiding Officers, Committee Chairpersons and relevant stakeholders;
• Compile a Monitoring and Evaluation Report of legislative compliance levels and status within provincial legislature;


KPA7: Stakeholder Relations:
• Assist with interacting with various legal societies and fraternities, as well as other legislatures and the State Law Advisor on a regular basis to develop a body of legal knowledge and referral resources necessary for the efficient and effective functioning of the Legislature;

Knowledge and Skills:

• Computer literate in the use of the Provincial Legislature's chosen word package as well as the software used for information gathering and internal communication;
• The ability to consistently interpret statutes;
The ability to communicate important legal considerations to all stakeholders;
• The ability to write a legal opinion;
• An in-depth understanding of parliamentary procedures and the Standing Rules of the House;
• Knowledge and understanding of all the Acts that relate to the running of the Legislature;

Qualifications/ Experience Required:

• B Proc Degree/ LLB (M+4 legal qualification);
• 3 years experience in Constitutional Law, Administrative Law, Procedural and legislative drafting;
• Experience in a parliamentary environment and legislative compliance would be an advantage;


NB: The Provincial Legislature is committed to the achievement and maintenance of employment equity and diversity especially in respect of race, gender and disability. People living with disabilities are particularly encouraged to apply. Appointment will be made subject to completion of background/reference checks. Potential candidates for the post will be subjected to security vetting and screening by the State Security Agency, and appointment to the post will be determined by positive results from such screening and vetting. The Provincial Legislature reserves the right to approve or decline the appointment.