State Law Advisor: Corporate Legal Advisory Services

To provide niche legal support to departments within the Western Cape Government, state entities , and statutory bodies on procurement and related contractual matters , in order to prevent irregular expenditure , mitigate the risk of adverse audit findings relating to SCM matters , and facilitate proactive management of litigation risks relating thereto , by providing legal support to SCM committees, vetting SCM-related documents and contractual instruments , and pr oviding legal opinions on SCM and related contractual matters .

Minimum Requirements

• LLB-Degree (Law or equivalent legal qualification) with admission as an Advocate or Attorney. LP 7: A minimum of 5 years' appropriate practical post-qualification legal experience in a legal practice or legal department in the public or private sector; LP 8: A minimum of 9 years' appropriate practical post-qualification legal experience in a legal practice or legal department in the public or private sector.
• Knowledge of the following: Laws relating to public procurement, financial management, administrative justice, and contract management; General knowledge of constitutional, legal and institutional arrangements governing the South African public sector and municipalities; Governance structures, policies, and recommended practices applicable to public procurement and contract management; High-level ability to spot restrictive specifications or legal loopholes in tender and/or contractual documents. Ability to provide firm, independent legal advice in high-pressure SCM committee environments and intergovernmental and international relations.
• Skills in the following: Ability to work independently and as part of a team; Communication skills (written and verbal); Technical vetting skills and attention to detail; Innovative problem-solving skills and analytical thinking; Conflict resolution, interpersonal, and negotiation skills; planning and organizing skills; and integrity and diplomacy.
• LP 7: R 970 221 to R1045 197 per annum in lieu of service benefits per annum (OSD as prescribed). Note on remuneration: Cost-to-employer (CTE) remuneration packages for certain occupation-specific dispensations (OSD), the middle-management service (MMS), and contract positions are inclusive of all costs related to service benefits or obligations, including basic salary, 13th check, medical assistance, housing assistance, pension fund contributions, etc. MMS remuneration packages are flexible and may be individually structured as prescribed. Where remuneration is not indicated as CTE, employees' service benefits or obligations are funded or co-funded in terms of the applicable prescripts or collective agreements.
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• Shortlisted candidates will be required to attend interviews on a date and time determined by the department and submit documentation for verification purposes and criminal record vetting. All shortlisted candidates shall undertake two pre-entry assessments. One will be a practical exercise to determine a candidate’s suitability based on the post’s technical and generic requirements and the other must be an integrity (ethical conduct) assessment. The selection process will be guided by the EE targets of the employing department.
• By Recommendation N/A
• Providing SCM Committees with legal guidance on procedural fairness, conflict of interest, and the legal implications of their decisions; Drafting formal (written) legal opinions on substantive legal matters relating to Procurement Law, the Law of Contract, and administrative justice; Reviewing and vetting tender documents of substantial importance to the Administration to ensure they are aligned with applicable legislation. Identifying potential legal risks in the "pre-award" phase and providing guidance on legal risk mitigation; Providing legal support on contract lifecycle management and ensuring that the interests of the Western Cape Government, state entities, and statutory bodies are protected; Liaising with the Litigation Unit in relation to matters that are related to substantial legal opinions rendered, legal advice given, or contracts drafted or edited in the event of court proceedings relating to procurement law; and Drafting, scrutiny, and editing of legal-technical correspondence.
• N/A
• Competencies Knowledge of the following: Laws relating to public procurement, financial management, administrative justice, and contract management; General knowledge of constitutional, legal and institutional arrangements governing the South African public sector and municipalities; Governance structures, policies, and recommended practices applicable to public procurement and contract management; High-level ability to spot restrictive specifications or legal loopholes in tender and/or contractual documents. Ability to provide firm, independent legal advice in high-pressure SCM committee environments and intergovernmental and international relations.
• Remuneration LP 7: R 970 221 to R1045 197 per annum in lieu of service benefits per annum (OSD as prescribed). Note on remuneration: Cost-to-employer (CTE) remuneration packages for certain occupation-specific dispensations (OSD), the middle-management service (MMS), and contract positions are inclusive of all costs related to service benefits or obligations, including basic salary, 13th check, medical assistance, housing assistance, pension fund contributions, etc. MMS remuneration packages are flexible and may be individually structured as prescribed. Where remuneration is not indicated as CTE, employees' service benefits or obligations are funded or co-funded in terms of the applicable prescripts or collective agreements.
• Notes Shortlisted candidates will be required to attend interviews on a date and time determined by the department and submit documentation for verification purposes and criminal record vetting. All shortlisted candidates shall undertake two pre-entry assessments. One will be a practical exercise to determine a candidate’s suitability based on the post’s technical and generic requirements and the other must be an integrity (ethical conduct) assessment. The selection process will be guided by the EE targets of the employing department.
• Key Performance Areas

Responsibilities

• Providing SCM Committees with legal guidance on procedural fairness, conflict of interest, and the legal implications of their decisions; Drafting formal (written) legal opinions on substantive legal matters relating to Procurement Law, the Law of Contract, and administrative justice; Reviewing and vetting tender documents of substantial importance to the Administration to ensure they are aligned with applicable legislation. Identifying potential legal risks in the "pre-award" phase and providing guidance on legal risk mitigation; Providing legal support on contract lifecycle management and ensuring that the interests of the Western Cape Government, state entities, and statutory bodies are protected; Liaising with the Litigation Unit in relation to matters that are related to substantial legal opinions rendered, legal advice given, or contracts drafted or edited in the event of court proceedings relating to procurement law; and Drafting, scrutiny, and editing of legal-technical correspondence.