To provide SANBS with appropriate risk-based legal advice. To ensure that SANBS litigation is managed efficiently and effectively. To ensure that SANBS complies with relevant laws, standards, policies, and codes in their operations and dealings with stakeholders. To provide ad hoc legal advice to SANBS, the Board, and its committees. To keep abreast with and apprise SANBS on new laws as well as relevant case law. To engage with relevant stakeholders on behalf of SANBS, including but not limited to the regulators such as the Department of Health and the Medical Controls Council on regulatory matters. To ensure that SANBS contracts with stakeholders are drafted and reviewed in a manner that minimizes risk to SANBS. To ensure effective contract management. To provide training to SANBS staff on relevant laws, codes, and standards. Effectively manage the SANBS tip-off line.
KPA 1: Legal Advice and Compliance
- To provide competent legal advice to SANBS, the Board, and its committees as well as the donor structures.
- To ensure that SANBS complies with relevant laws, standards, policies, and codes in their operations and dealings with stakeholders.
- To keep abreast with and apprise SANBS, the Board, and its committees as well as donor structures on applicable new laws, codes, and standards as well as relevant case law.
- To engage with relevant stakeholders on behalf of SANBS, including but not limited to the regulators such as the Department of Health and the Medical Controls Council on regulatory matters.
- To provide training to SANBS staff, Board and committee members as well as donor structures on relevant laws, codes, and standards.
- Undertake legal research.
- Source specialist legal advice when required.
- Prepare legal opinions.
KPA 2: Litigation Management and Dispute Resolution
- Identify and assess potential litigation risks within SANBS.
- Manage litigation and explore mechanisms to minimize costs to SANBS by inter-alia considering Alternative Dispute Resolution.
- Consult and give sound instructions to lawyers.
- Draft and review legal documents, including pleadings where necessary.
- Monitor matters on litigation in terms of the protocols governing corporate risk and the minimization thereof.
- Negotiate settlement of legal matters and disputes.
- Negotiate cost rates with lawyers to minimize legal costs.
- Manage and address internal and external audit findings.
KPA 3: Draft and Review Contracts
- Negotiate, draft, and review contracts to ensure that the interests of SANBS are protected.
- Negotiate and vet legal documents to ensure the interests of SANBS are well protected.
- Ensure that SANBS contracts are drafted in a way to minimize risk exposure for SANBS.
- Ensure that SANBS contracts are compliant with applicable legislation, codes, standards as well as SANBS procurement policy.
- Sign off on contracts.
KPA 4: Commercial Contract Management
- Ensure effective operations of contract management.
- Management of Contract Management team.
- Weekly meetings with the Contract Management team.
- Ensure that contracts are signed within 1 month from date of award.
- Ensure that an up-to-date contract register is kept.
- Provide monthly updates on the status of the contracts to Company Secretary and EXCO.
KPA 5: Lease Agreement Management
- Review lease agreements.
- Review lease agreement register.
- Ensure effective operations of lease agreements across all zones.
- Have monthly meetings with the contract administrator and Contract Specialist regarding lease agreements.
- Provide quarterly reports to EXCO on lease agreements.
KPA 6: Research Study and Project Agreements Management
- Review research and project agreements.
- Review research study register.
- Ensure effective management of research and project agreements across SANBS.
- Have monthly meetings with Contract Administrator and Contract Specialist on research agreements.
- Provide quarterly updates to EXCO on research study and project agreements.
KPA 7: Management of SANBS Tip-off Lines
- Manage SANBS tip-off notifications in line with policy.
- Manage and review Anti-Corruption and Whistleblowing Policy.
- Coordinate all tip-off investigations.
- Update the case management system.
- Provide quarterly updates to EXCO regarding tip-offs received and status updates.
Additional Responsibilities
- Effectively manage the entire SANBS insurance portfolio, including the appointment of brokers and underwriters, reporting and tracking potential medical/donor adverse claims.
- Provide training to SANBS staff, Board and its committees as well as donor structures on relevant laws, codes, and standards.
- Ensure that all SANBS statutory documents including but not limited to title deeds are in place and up to date.
- In executing the duties outlined in this document and elsewhere, always ensure adherence to the highest standards of corporate governance, including King IV.
- Attend to any other reasonable instructions from the Company Secretary.
Education
- Admission as attorney/advocate advantageous.
Experience and Knowledge Minimum Requirements
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