About the position
Legal Advisor: Regulation Development
POSITION PURPOSE
- To provide general legal and technical support services to company, ensuring that the organisation is protected against legal risk by providing legal, regulatory and technical support services.
- Assist technical Divisions in developing legally sound and concise regulations and technical standards;
- Manage the formulation and approval of regulations and technical standards through a consultative process with the aviation industry in terms of section 157 of Civil Aviation Act, 2009 (Act No. 13 of 2009) ("the Act").
- Manage Secretarial support services of the Civil Aviation Regulations Committee (CARCom), a statutory Committee established in terms of section 157 of the Act.
- Provide regulatory and general legal advisory services to company.
- Ensure that the company is protected against any legal risk by providing legal, regulatory and technical support services by drafting or vetting proposals for amendment of regulations and technical standards; drafting legal opinions, vetting of exemptions, vetting and drafting of contracts, advising on any legal matter; drafting and vetting of legal and non-legal documentation and provide legal services in meetings when requested to do so by company Divisions.
- Providing verbal and written legal opinions/advice on a variety of matters pertaining to the acts and regulations administered by the company and other matters of interest that have an impact on the company.
- Review final draft of a regulation and amendment and ensure that it conforms to legislative drafting principles, determine the effect of such an amendment and the impact the Regulations or proposal will have on other existing legislation and to ensure conformity with constitutional principles.
- Drafting/scrutiny and finalisation of international agreements and memoranda of understanding (MOU).
- Draft/scrutinise or vetting of commercial contracts and service level agreements.
- Providing legal opinions/advice and mitigate risks associated with commercial contracts.
- Provide legal support in the negotiation of commercial contracts and service level agreements.
- Coordinate, provide assistance, monitor and guide attorneys in litigation process and potential litigation matters against and for the company.
- Deal with Department of Transport and Director of Civil Aviation on Civil Aviation appeal matters and represent the company in Civil Appeal Committee.
QUALIFICATIONS AND EXPERIENCE
- B Proc or LLB and Admission as an Attorney or Advocate with pupillage.
- Legislative Drafting Certificate.
- Attorney or Advocate, Basic Elementary exposure as Legal Practitioner - 3 Years.
- Legislative Drafting experience - 3 Years.
POSITION OUTPUTS
Regulation Development and provision of legal support services:
- Vet proposals for amendment of regulations and technical standards.
- Draft regulations and technical standards.
- Facilitate and monitor the approval process of the regulations and adhere to deadlines.
- Review the final drafts of regulations and amendment to confirm legality.
- Determine the effect of such an amendment and the impact the Regulations or proposal will have on other existing legislation and ensure conformity with constitutional principles.
- Draft Memorandums for approvals of regulations and technical standards.
- Draft any regulations, notices, publications as assigned by LAC.
- Perform Civil Aviation Regulations Committee secretarial functions.
- Assist technical Divisions in developing legally sound and concise regulations and technical standards.
- Manage the formulation and approval of regulations and technical standards through a consultative process with the aviation industry.
- Manage Secretarial support services of the Civil Aviation Regulations Committee (CARCom) and associated Subcommittees.
Drafting of Legal Opinions:
- Research and draft accurate and legally correct legal opinions.
- Draft and vet legal and non- legal documentation.
- Draft monthly and quarterly reports to contribute to Executive management reports.
- Perform any other function for Legal and Aviation Compliance Department when delegated to do so.
- Provide general legal services.
Litigation Process:
- Deal with Department of Transport and Director of Civil Aviation appeal matters and represent the company in the Civil Aviation Appeals Committee.
- Research the legalities pertaining to the litigation matters and ensure that the company is protected against any legal risk that may arise.
- Facilitate appointment of legal firms following proper procurement processes.
- Coordinate, provide assistance to, monitor and guide the attorneys in the litigation matters.
- Facilitate consultations between company employees and attorneys.
- Ensure appropriate way of finalizing legal matters in the best interest of the company.
- Ensure consistent update on progress of litigation matters and proper processing and approval of attorney's invoices.
Drafting of Contracts:
- Draft, vet, interpret and advise on contracts to ensure compliance and protect the interests of the company.
- Draft/scrutinise or vet commercial contracts and service level agreements.
- Provide legal support in the negotiation of commercial contracts and service level agreements.
- Providing legal opinions/advice on risks associated with commercial contracts and recommend course of action to be taken.
- Provide legal services in meetings when requested to do so by company Divisions.
- Draft/scrutinise and finalise international agreements and memoranda of understanding (MOU).
General:
- Perform any other function for Legal and Aviation Compliance Division when required.
- Participate in Enforcement and Exemption activities as and when required to.
- Compile reports.
Desired Skills:
- Civil Aviation Regulations
- Legal
- Aviation Compliance
