Entry Date: 14 Jun 2024
Expiry Date: 21 Jun 2024
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 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 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
Follow us on X @the_hda and on Facebook: The Housing Development Agency.
LinkedIn @The Housing Development Agency
The HDA has the following Three- year fixed term contract
Position: Senior Legal Specialist
Location: Head Office - Johannesburg
Reporting Line: Manager Corporate Legal
Ref: HDA SLP01
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 Performance Areas:
Strategic Management
- Assist the Manager: Corporate Legal in reviewing the HDA strategy from a legal perspective and ensure compliance
- Assist the Manager: Corporate Legal in developing the HDA legal department with special emphasis on contractual, land legal and intergovernmental relations and legal compliance
- Assist the Manager: Corporate Legal in developing implementation plans to ensure that the HDA legal strategy is implemented
- Assist the Manager: Corporate Legal in monitoring, managing and implementing the plans to ensure that legal strategy is achieved
Policy Review and Implementation
- Contribute to the development and implementation of departmental policy, procedures and processes
- Keep up to date with effective policy and practice execution strategies
Contract Management
- Draft and vet procurement and/or other commercial contracts
- 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 agreements
- Memoranda of Understanding
- Intergovernmental relationships related agreements
- Terms and conditions of Employment contracts
- MTOP’s, IP, etc.
- Review all contracts signed by the HDA
- Monitor and report on the status of contracts and other agreements drafted/vetted
- Draft legal terms to accompany bid specifications
- Provide input and advice on 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
- Compile legal reports on contractual disputes
- Conduct research on legal and contractual issues/disputes
- Update contracts register
- Maintain an updated in the share folder
1. Legal Management Support and Litigation
- Review and interpret relevant documentation, statutes and information in order 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
- Represent the HDA in internal and external litigation and dispute matters
- Be well versed in administrative and employment law and applicable legislation
Legal Advice
- Provide legal advice on all legal matters impacting on the organisation
- Conduct legal research and prepare legal opinions
- Keep abreast with legal developments that might affect the organisation
- Advise on legal risks impacting the organisation
Stakeholder Management and Service Provider Management
- Assist the legal manager in establishing the legal panel for respective areas of expertise
- 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 in consultation with the Manager: Corporate Legal
- Facilitate and manage communication with relevant internal and external stakeholders in relation to investments and proactively and progressively manage the relationships
- Manage relationships with vendors, service providers or procurement teams and ensure that all relevant procured items are invoiced and paid on time
Statutory Compliance and Governance
- Ensure that the HDA regulations are relevant and updated to enable the HDA to carry out its mandate as per 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 statues and potential implications for the HDA
- Development and review of policies and procedures to ensure legal compliance
- Advise the HDA on governance issues in accordance with the PFMA / King III / HDA Act and all relevant legislation
- Assist with Board Administration (if required)
- Support with management of all legal activities 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
- Identify legal obligations and risks for the HDA
Qualifications & Experience
- 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 ………………………………………………………………………………………………………
Remuneration Scale: R 807 7000 to R 1 050 000 per annum (all-inclusive package)
Closing date for applications is 21 June 2024.
To submit your application, please send an email HDARecruitLegal@thehda.co.za
When submitting your application for a position, please adhere to the following:
1. CVs received after the closing date will NOT be considered.
2. The Job Title and Reference number for the relevant position must appear in the subject line of your application.
3. The CV must be in PDF format.
4. Certified copies of all qualifications must be provided.
5. Certified copies of identity document must be provided.
6. Two contactable references must be provided.
Kindly take note if you have not been contacted within twenty-one (21) working days of the closing date; please consider your application unsuccessful. Should you not comply with the above requirements your application will NOT be considered.
Conditions of service: The HDA is an equal opportunity employer, Appointments will be made in accordance with the HDA Employment Equity policy, The HDA reserves the right not to make an appointment. We thank all applicants for their interest.
Communication will be conducted with short-listed applicants only.
The HDA operates in accordance with the Protection of Personal Information Act 3 of 2013 (“POPI Act”), and by submitting your personal information to the HDA (by way of application and/or providing any other documentation as may be required during the recruitment process), you agree that the HDA may utilise and process your personal information in accordance with the POPI Act.
