Head Legal & Compliance (Houghton)
2024/11/28
Reference Number: HLC00001
Description:
Manage and drive the complete contract lifecycle process:
1. Strategic delivery of the legal and compliance team and function.
2. Partnering with top management to deliver legal solutions to mitigate risks relating to strategic priorities, business deals and practices.
3. Oversee the preparation, review, and execution of high-stake business contracts across multiple functions.
4. Prepare/review project agreements and contracts to achieve the desired risk allocation position for the Group.
5. Finalize agreements, contracts and other legal documents to ensure the company’s full legal rights are protected.
6. Analyze bids, proposals, and emerging legislation to identify opportunities and potential challenges for the business.
7. Manage the contract change control process and related correspondence requiring legal input.
8. Draft, update, and review all other legal documentation and develop legal standards accordingly.
9. Maintain a deep understanding of internal contract templates, contracts policy, legal risk and liability, and the company’s position on various matters.
10. Support senior management in negotiation, execution, and closing of all contractual documents and coordinating all contractual obligations with external counsel.
11. Update and maintain the panel of attorneys on an annual basis.
12. Translate complex commercial/legal scenarios into simple language and action plans to ensure compliance.
13. Communicate signed contracts to all relevant parties to provide contract visibility and awareness, interpretation to support implementation.
14. Ensure that identified business practices and models are vetted for competition to ensure that SBV does not participate in any anti-competitive behavior.
15. Work with project teams to ensure timely compliance with all conditions and other contractual obligations.
16. Implement and maintain the compliance universe as well as the Ethics Hotline.
17. Work with risk management to coordinate contractual insurance requirements.
18. Prepare, review, and modify contractual instruments to assist and support various business activities.
19. Responsible for document management and the creation of a document portal housing all legal contracts.
20. Liaise with external legal parties in terms of complex legal matters, including dealings with the Rest of Africa.
21. Engage with the Risk team and the insurers on insurance policy reviews.
22. Work seamlessly with the Fleet team on the reporting of all claims against the company with the respective insurers.
Create and oversee the implementation of effective compliance management strategies:
1. Develop an internal framework for maintaining compliance across all departments.
2. Monitor the implementation of new compliance protocols and ensure they meet all relevant legal requirements.
3. Review compliance reports regularly, identify potential compliance breaches and safety risks, and provide advice to the business in implementing effective solutions.
4. Supervise and lead the legal and compliance department, ensuring the proper implementation of all compliance programs and procedures.
5. Oversee regulatory compliance training and promote awareness of proper measures and practices required to ensure high levels of compliance across all departments.
6. Stay informed on any changes or additions to laws and industry regulations that impact the business.
7. Organize presentations, meetings, and compliance training to promote better awareness of compliance protocols and external requirements in the cash industry.
8. Conduct regular detailed legal research, obtain information on all relevant legal matters, and attend regular meetings and discussions to keep abreast of the requirements of the legislative universe and additional legislative requirements applicable in the industry for purposes of legislative and regulatory compliance.
9. Report on regulatory compliance to the Risk and Governance, Risk and Audit, Social and Ethics sub-committees. Finally, provide a Compliance update to the Board.
Compliance reporting on non-adherence to policy incidences:
1. Review the nature and cause of the compliance breach and assess its seriousness in terms of materiality criteria laid down.
2. Discuss all serious incidents with the Executive: Risk and Compliance within 24 hours after receiving the incident report and agree on what action should be taken.
Managing the anonymous compliance “whistle-blowing” procedure and the compliance incident reporting process:
1. Manage the KPMG Ethics Hotline with confidentiality. Monitor all reported incidents and maintain an Incident Report Register.
2. Ensure that corrective action is implemented to prevent breaches from recurring.
3. Prioritize and investigate all reports, depending on the nature of the reported incident.
4. If needed, initiate a special investigation in terms of the normal procedures laid down for special compliance monitoring.
5. Develop programs and implement and maintain compliance and policy adherence standards.
Manage financial aspects relating to the Legal and Compliance Department:
1. Provide necessary financial information to the Financial Director as part of department cost management.
2. Manage and control expenditure on a departmental level.
3. Ensure that money is only spent according to budgetary allocations on a departmental level, exercising the necessary control through efficient and effective financial management.
4. Identify risks and reserve funds for unforeseen expenditure.
5. Apply departmental and organizational policies to assist in budget compilation.
People Management:
1. Create a conducive environment that translates into productivity and high morale within SBV Legal and Compliance department.
2. Inspire the team to deliver on key performance areas.
3. Adhere to legislative requirements and Group policies and procedures.
4. Lead the focus on talent to instill value creation for high value contributors.
5. Manage headcount in alignment with the principles and policies of SBV on a monthly basis, including notifying HR of team cancellations, new business, and new initiatives with the relevant documentation/approvals.
6. Preside over disciplinary hearings on behalf of SBV in alignment with statutory requirements and the policies & procedures of SBV.
7. Provide leadership to employees within the organization, creating a winning culture and high morale.
Lead as an Ambassador and Executor of Change:
1. Act as a change management agent in periods of change to ensure continuity to operations.
2. Manage the integration of Facilities and Infrastructure into a seamless end-to-end solution for customers.
3. Effectively communicate and embed new processes and procedures as they occur, addressing or escalating matters/concerns to the SMEs (subject matter experts) when required.
4. Facilitate the necessary presentations, workshops, or forums to ensure consistent and accurate communication is given across one’s center/s.
Drive the organization culture:
1. Drive the department’s values while inspiring confidence and generating excitement, enthusiasm, and commitment towards the mission.
2. Drive Transformation and BBB-EE initiatives to ensure sustainable alignment to the company scorecard.
3. Provide leadership to employees within the organization, creating a winning culture and high morale.
4. Initiate and lead a culture of performance-driven output through shared purpose vision and values.
5. Subscribe and align to SBV Services' ISO 9001:2015 Quality Management Standards, ensuring the department’s processes and quality management system is at all times in compliance with the standard.
6. Support SBVs ESG journey, reporting on and managing the ESG requirements to ensure a positive reflection and outcome.
Requirements:
1. Bachelor’s degree in law or equivalent.
2. Postgraduate degree in law or equivalent (advantageous).
3. 10 years of experience in a senior management role.
4. Admitted Attorney to the High Court of South Africa or equivalent.
5. Superior knowledge of industry regulations and corporate procedures for maintaining compliance.
6. Proficiency in using MS Office (Word, Excel, PowerPoint, Outlook, etc.).
7. Excellent leadership skills.
8. Adaptability and resilience in a fast-paced and evolving landscape.
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