SAFETY, HEALTH, ENVIRONMENT AND QUALITY

• Comply with SHEQ requirements (SHEQ Toolbox)
• Utilise the Information Management System (IMS) to initiate, investigate and report SHEQ status
• Understand legislation relating to SHEQ and advise the business on application and compliance

CUSTOMERS

• Ensure customer satisfaction by providing quality legal service to the business
• Interpret formal feedback from General Counsel and identified persons

GENERAL LEGAL:

• Deal with day-to-day legal issues as they arise and as instructed
• Conduct legal research and draft opinions
• Inform customers of changes to legislation and the common law
• Create and be the custodian of Legal Updates Newsletter (in consultation with General Counsel)
• Take instructions from the Group business units, analyse legal position and make recommendations independently as required or in consultation with General Counsel and/or external legal counsel as required

COMPANY SECRETARIAL:

GENERAL

• Complete necessary CoR forms and update the Group company information at the CIPC
• Submit annual returns for the Group Companies
• Ensure the company and share registers are kept up to date manually and via electronic database
• Draft resolutions as instructed
• Prepare board packs as instructed
• Draft minutes as instructed
• Oversee PA in the maintenance and updating of FICA packs
• Assist General Counsel with resolution of queries raised by external auditors during annual audits

SPECIFIC

• Act independently as Company Secretary for the company's dormant companies and ensure legal compliance pursuant thereto

LEGISLATIVE COMPLIANCE:

• Ensure that the Group companies and business units are in compliance with legislation, including but not limited to:
  • Companies Act 2008
  • Consumer Protection Act 2008
  • "SHEQ" legislation, including:
  • Occupational Health and Safety Act
  • Mines Health and Safety Act
  • National Environmental Management Act
  • Air Quality Control Act
  • National Water Act
  • Mineral and Petroleum Resources Development Act
  • Mineral and Petroleum Resources Royalty Act

• Identity areas of non-compliance and prepare reports to General Counsel in that regard
• Advise on remedies for non-compliance

TRUSTS:

• Act as trustee for the company Foundation, the company Rehabilitation Trust and the company's Pension Fund

• Act as alternate trustee for General Counsel as required

PROPERTY:

• Attend to the drafting and registration of servitudes
• Draft all documents relating to the disposal, acquisition, transfer and subdivision of immovable property
• Liaise with external legal consultant and resolve all queries relating to title deeds and land registration/ownership in the Group

INTELLECTUAL PROPERTY:

• Register, protect and defend the Group intellectual property, including domain names

CONTRACTS:

• Negotiate, draft, comment on, and ratify legal agreements as required

TEMPLATES:

• Draft standard legal templates as instructed by General Counsel, such as breach notices, letters of demand, etc.

LABOUR:

• Provide legal advice on labour related issues

Dispute Resolution, Litigation and Arbitration:

• Initiate, prosecute/defend, settle minor legal disputes independently
• Assist General Counsel in the initiation, prosecution/defence, settlement of major legal disputes

Legal Resources:

• Maintain and update the Legal Resources Database (manual and online)
• Oversee PA in maintenance of the Legal Filing System and electronic database

Behavioural Competencies:

• Safety Leadership
• Innovation
• Planning, Organising & Control
• Results Orientation
• Problem Solving & Decision Making
• Business Acumen

Skills:

• Apply case law and judicial precedents to business related issues
• Assess legal contracts for business
• Comply to legal requirements in business
• Keep informed about current affairs related to one`s own industry
• Contribute to the health, safety and security of the workplace
• Manage Legal records
• Behave in a professional manner in a business environment
• Operating computer systems
• Identify and maintain the types of records required in own industry and understand why it is necessary to create evidence and maintain confidentiality
• Administer the Legal Department electronic database

Leg               al Administration:                                                             

• Operating computer systems
• Create an evidentiary trail and maintain confidentiality

Knowledge:

• Demonstrate an understanding of the South African Legal framework, including court process, case law and legislation
• Demonstrate knowledge and understanding of the Occupational Health and Safety Act 85 of 1993 (OHSA) (as amended) and the responsibilities of management in terms of the Act
• Demonstrate knowledge and understanding of the Mines Health and Safety Act, (Act 29 of 1996) and its application
• Demonstrate an understanding of basic business principles and the environment in which it operates
• Demonstrate a comprehensive understanding of the practical application of Company Law
• Demonstrate an understanding of dispute resolution, litigation and arbitration processes and associated risks
• Demonstrate an understanding of procurement, commercial law and contracts