About the position
Reporting to the CEO, the role will provide strategic direction, leadership, and advice to Corporate Executive, Management team and the Board of Directors on matters of governance, risk, legal and regulatory compliance. The successful incumbent will oversee the development and implementation of strategy, policies, frameworks and systems in this regard.
The successful incumbent will oversee the development and implementation of strategy, policies, frameworks and systems in this regard.
Key Responsibilities:
Governance, Ethics, Compliance, Internal Control and Risk Management:
- Provide advice to the company in respect of corporate governance, enterprise risk, social and ethics, business resilience, combined assurance and compliance issues.
- Manage the GRLC function and providing support in identifying, managing, monitoring and corrective action/s of entity-wide risks (operational and strategic), including the risk of non-compliance to applicable legislation, regulations and policies as part of the overall risk management processes and governance structures.
- Assist with the development, implementation and maintenance of an enterprise risk management framework (ERMF), policy and procedures for the company in accordance with international standards; and including the facilitation of departmental risk workshops, risk and control reviews and monitoring and analysis of risk trends.
- Ensure that all the activities of the GRLC department are carried out according to the agreed ERMF.
- Establish, communicate and facilitate the use of appropriate Risk and Compliance management methodologies, tools and techniques.
- oversee the development and implementation of the company's Business Resilience policies and procedures.
- Provide assurance to the Board and Management that the organisation is compliant to regulatory and statutory requirements.
- Assist Line Management in reviewing and annually updating the ERM Framework and all relevant policies, including the Fraud and Corruption Prevention Strategy; ERM Policy; Compliance Policy; and Framework and Business Continuity Management Policy and Plans.
- Facilitate formal awareness campaigns on governance, risk and compliance as well as business resilience related matters and providing accurate reporting and relevant information for the escalation of potential high-risk areas to the company corpex and Risk Committee.
- Compile necessary submissions and present those at the Audit & Risk Committee and company board meetings.
- Manage, coordinating and overseeing the preparation of Operational (Business) Plans, quarterly performance feedback reporting by the departments and prepare quarterly report to CorpEx.
- Assist / Provide inputs to the company strategic Plan, Annual Performance Plan [APP] and Annual Performance Report [APR] preparation in line with DPME / DSTI guidelines and timelines.
Organisational Legal Services:
- Provide strategic advice on legal and governance matters.
- Lead and oversee the provision of legal services function.
- Input into contractual resources (drafting, negotiations and/or reviewing of contracts).
- Manage the provision of legal advice and opinions verbally or written draft legal opinions.
- Represent the company in legal forums and labour forums where required.
- Manage external legal service providers.
- Manage the development of policy, frameworks, and regulations for the company with strategic information that can inform improvement of frameworks, business processes, policies, procedures, and systems that manage business operations.
- Review and assess compliance of the company policies and procedures to applicable South African and international legislation.
- Oversee and maintain key company information, executive decisions taken, standard practices and policy updates for good governance.
- Review meeting materials prior to presentation and ensure compliance with the company's document retention policy.
- Ensure in consultation with COSEC that the Executive Committee, Board and Board Committees are fully briefed on all legal and governance matters and pertaining to them when taking decisions.
- Provide advice and guidance to the Executive Committee, Board and Board Committees on all matters of statutory requirements, laws, regulations risk, compliance, duties and responsibilities, and business conduct.
- Monitor changes in relevant legislation and advise the Executive Committee, Board and Board Committees.
- Ensure that the company staff and the Executive Committee, Board and Board Committees remain compliant with applicable standards of corporate governance and has the necessary infrastructure to support the governance rationale and governance framework.
- Develop and oversee the systems that ensure the company complies with all applicable codes, in addition to its legal and statutory requirements.
Key Requirements:
Qualification:
- Postgraduate degree (LLB) in law or higher.
- An Admitted Attorney/Advocate of the Hight Court.
Experience:
- Ten (10) years experience of which eight (8) should be in Corporate Governance, Risk, Legal and Compliance Management in the capacity of Senior/Executive Manager in a medium to large organisation.
- Experience in litigation and legal drafting.
- Membership with the Institute of Risk Management in South Africa (IRMSA) or Compliance Institute of South Africa (CISA) preferable.
- Exposure to the strategic management process and initiatives including identifying and mitigation of risks in major projects.
- A proven track record in managing and or advising in controlled items and knowledge of arms control protocols and systems. Expert knowledge of Corporate Law, Companies Act, PFMA & other applicable legislation.
- Expert knowledge of the industry's standards and regulations.
- Expert knowledge of Legal, Compliance and Risk Frameworks.
Knowledge:
- All relevant legislation and regulations that govern the Public Service including the PFMA, Treasury Regulations and other relevant legislation.
- In-depth/above average experience and knowledge of Contract law.
- A reasonable understanding of Intellectual Property and Treaty law.
- Knowledge of corporate governance principles, practices, and application of King IV.
- Knowledge of South African Labour legislation.
- Knowledge of other South African legislative prescripts.
- Knowledge of international law.
Desired Skills:
- Corporate Governance
- Legal
- Compliance
- PFMA
- IRMSA
- CISA
- Corporate law
- Risk Management
- LLB
- advocate
