Entry Date: 15 May 2021
Expiry Date: 30 May 2021
The Housing Development Agency (HDA) is a National Public sector development agency that inter alia has the mandate to identify, acquire, prepare and develop suitable land for human settlements. The agency also undertakes the programme and project management for the development of housing and human settlements. The HDA carries out its functions in partnership with a range of stakeholders including national, provincial and local government and municipalities, as well as with communities, developers and financiers. Established in 2009, the Agency was established by an Act of Parliament in 2008 and is accountable through its Board to the Minister of Human Settlements. For more information about the HDA, please visit our website: www.thehda.co.za.
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The HDA has the following three-year fixed-term contract vacancy:
LEGAL SPECIALIST (HEAD OFFICE)
REPORTING LINE: MANAGER - LEGAL
Main Purpose: To provide the HDA with accurate and relevant legal, compliance support and advice to minimise risks and ensure effective contractual arrangements and statutory compliance
Key Responsibility Areas:
1. Contract Management
• Draft all contracts for the HDA including but not limited to:
• Employment contracts
• Service provider contracts
• Land purchase and disposal contracts
• Land and building management contracts
• Service level agreements
• Project management
• Memoranda of Understanding
• Intergovernmental relationships
• Review all contracts signed by the HDA
• Provide input and advice on the appropriateness of contracts and recommended or required amendments
• Guide the development of strategic contracting and contract management approaches
• Recommend all contracts for signature or amendments to the authorized HDA signatories
2. Legal Management Support and Litigation
• Review and interpret relevant documentation, statutes and information to determine the appropriate HDA position
• Provide legal advice to all HDA management as required
• Review legal and contractual environment and identify potential risks
• Provide advice on any disputes, litigation or arbitration-related matters
• Represent HDA in litigation and dispute resolution processes and procedures as appropriate
• Manage service providers providing advice or legal representation to HDA
• Represent the HDA in providing legal support and specialist advice to stakeholders and partners
• Participate in and contribute to the IGR legal forum
3. Service Provider Management
• Instruct and manage legal service providers with consultation and approval from Legal Manager
• Monitor performance in line with briefs provided
• Manage all litigation undertaken by service providers
• Manage legal expenditure on service providers in line with the approved budgets and consultation with Legal Manager
4. Statutory Compliance and Governance
• Ensure that the HDA regulations are relevant and updated to enable the HDA to carry out its mandate as per the HDA act
• Review statutes and policies to ensure alignment to legislation and regulations.
• Ensure HDA compliance with relevant legislation
• Develop relevant policies and review statutes and policies aligned to all legislation and regulations as and when required.
• Interpret statutes and potential implications for the HDA
• Development and review of policies and procedures to ensure legal compliance
• Advise the HDA on governance issues following the PFMA / King III / HDA Act and all relevant legislation
• Assist with Board Administration (if required)
• Support with management of all legal actives within the HDA
• Knowledge of OSH
• Support and manage IR matters
• Knowledge of Land Legal matters and able to support the Land and other departments
• Knowledge of Contract Management
• Legal degree (LLB) and Admission as an Attorney or Advocate.
• A minimum of 5 – 8 years experience with experience in contract law, commercial law and labour law
• Extensive experience in PFMA and Treasury Regulation, Directive and Practice Notes
• Experience in carrying out investigations and leading evidence in disciplinary cases
• Experience in commercial litigation.
• Knowledge, insight, and experience of the public and private sector human settlement environments would be preferable
The closing date for all applications is 30th May 2021.
For enquiries, please contact Mandy Scullard on 061 753 8745
Please forward your recently updated CV (Clearly marked with the reference number of the position) in a Microsoft Word format to: email@example.com
Please do not send certificates, diplomas or testimonials. We thank all applicants for their interest. Communication will be conducted with short-listed applicants only
Conditions of service:
The HDA is an equal opportunity employer ● Appointments will be made following the HDA Employment Equity policy ● The HDA reserves the right not to make an appointment.