Senior Manager: Commercial Legal, Procurement & Technical-MTN

Mission / Core purpose of the Job:
Identify and manage the legal risk of the company and provide legal advice on various aspects of business, ensuring that MTN SA business functions all receive required legal support with high quality standards to guarantee legal risks are properly mitigated. Handle complex multifunctional matters as well and provide a Commercial Legal service as required across all companies in the MTN Group.

Detailed Description

Key Performance Areas:
Strategic input:
Provide inputs to GM Commercial Legal in defining relevant Commercial Legal frameworks to be implemented across the organisation.
Contribute to, challenge and implement long-term strategy for the MTN SA business functions, ensuring alignment of all activities undertaken to the overall business strategy.
Contribute towards long-term forecasts and predictions (2-5 years).
Provide strategic input to the MTN SA business functions within the MTN group of companies from a commercial legal perspective taking into account the broader business imperatives of those companies/departments and considering the long term (1-2 years) implications of actions on the viability of the business from a broad perspective.
Operational Planning and Process Enhancement:
Conduct ongoing research, maintaining current knowledge of changes in legal frameworks and developments in the industry including from technical, operational and legal aspects.
Provide input into the development of MTN SA departmental policies, procedures and structures and advising on departmental strategy and budgets.

Drive best practice, continuous improvement and innovation at process and procedure level within MTN SA.
Manage process of identification of critical issues that could arise and taking into consideration the long term (1-2 years) implication from a broad perspective.
Provide input to the development of legal documents standard templates.
Provide clear guidelines and framework to Legal Advisors in MTN SA environments.
Commercial Legal Support:
Support the MTN SA business functional areas of the business, proactively identifying legal risks/ issues that could arise and providing commercial legal advice to executive management and staff in these areas, focusing on complex commercial transactions, litigation and risk identification and mitigation.
Provide legal advice to HR department by revising employee standard contracts and providing advice on employee relations legal process and retrenchment.
Support the Regulatory department in Private Law and in all court’s processes.
Ensure compliance with law in all fields related to Commercial Legal in MTN SA business functions.
Oversee legal recommendations delivered by Legal Advisors to their respective internal customers.
Solve all queries raised by Legal Advisors, providing clear guidelines.
Ensure proper involvement of Legal department in all negotiations with third parties, allocating tasks to Legal Advisors and directly manage the more complex negotiations, contract agreements.
Ensure Commercial Legal department is involved in MTN SA departmental meetings which require legal input.
Validate legal recommendations, taking in consideration the impact thereof on other areas of the business and their interdependencies.
Review major contract agreements to ensure compliance and MTN SA interests – structure local and international commercial transactions, drafting and reviewing related contracts (e.g. agreements with dealers, partners, corporate customers).
Ensure contract drafts are aligned with MTN SA standard legal templates.
Participate in dispute resolution and manage litigation matters for MTN SA business functions.
Ensure compilation and maintenance of a bank of precedents.
Represent MTN SA in court whenever required, delegating to Legal Advisors whenever complexity of the issue does not require Senior Legal Advisor to attend or workload requires delegation of task.
Ensure that all legal information for MTN SA business functions is properly uploaded in Enterprise Contract Management tool or whatever applicable contract management tool.
Ensure compliance of dunning process with SA law for the MTN SA business functions, defining clear legal procedures.
Advise executive management on corporate governance issues, certain regulatory issues and the impact of new and/or amended legislation and the risks associated therewith.
Provide Corporate Secretary of MTN SA and Group with the appropriate legal support, maintain a good working knowledge of company secretarial functions and corporate governance requirements including King III.
Reporting:
Collate all information from Legal Advisors, validating reports.
Oversee development of Commercial Legal Report for the relevant MTN SA business functions
Periodically report to MTN SA business functions and GM Commercial Legal highlighting key commercial legal risks and issues
Supplier Relationship Management:
Manage and liaise with external attorneys who support MTN.
Manage the identification of needs of external attorneys support, collating and validating inputs from Legal Advisors.
Develop annual plans with forecasted external attorneys support, validating needs with the GM Commercial Legal and providing relevant information to various MTN SA business functions.
Monitor and manage external attorneys support.
Raise and address issues related to performance of external attorneys support.
Provide input to the Supplier Performance Management system.
Customer Satisfaction:
Manage and build solid relationships with all customers – internal and external
Understand customer needs and develop and fine-tune systems accordingly in order to satisfy needs and requirements.
Ensure customer needs and requirements are satisfied through having the appropriate systems, processes and procedures in place to be able to meet them efficiently and effectively.
Adopt a proactive approach to prevent problems from arising in the future.
Identify trends and patterns pertaining to customer requests and needs and filter this information appropriately to continually improve all aspects of service delivery
Initiate change to continually improve all aspects of service delivery, driving continuous improvement as an key element of service delivery.
Managerial / Supervisory / Leadership Complexity:
Mentor legal advisors and coach and guide subordinates
Assist with the recruitment of new staff.
Handle staff related and other matters in the absence of the GM: Commercial Legal as required
Display an understanding of the strategic nature of effective leadership in the organisation
Build employee relations and encourage collaborative teamwork
Communicate actively and effectively resolving any potential conflicts that may arise
Deploy and redeploy resources to get the work done
Build and enforce a customer centric approach
Manage Employment Equity and diversity
Display insight into leadership style and how it impacts on performance positively and negatively
Have the self insight and flexibility to adapt to different situations
Manage boundaries that separate units in order to optimise workflow
Role complexity:
Deputize for the GM Commercial Legal as required.
Participation in ad hoc projects
Assist with unsolved problems and problems of a more complex nature in other areas of the department to assist with resolution.
General working conditions:
Ability to travel (nationally and internationally)
Constant pressure to meet extremely tight deadlines
Job Requirements

Minimum Requirements:
Education:
LLB + admission as an attorney
Experience:
A minimum of 8 years post articles experience, including commercial law.
Experience in the telecommunications industry an advantage.
Training:
Systems, products and processes
Ongoing legislative and regulatory training
Additional Details

Competencies:
Head - Big Picture Focus (20)

Strategy Implementers - Ensures execution of strategies through creating and implementing tactical plans for others to follow
Decisive Problem Solver - Has the mental agility to identify business challenges and explore effective solutions through effective influencing
Best Practice Value Creator - Encourages commercial innovation and continuous improvement for systems, processes, products and service offerings
Heart – Emotionally Intelligent (30)

Culture and Change Champion - Role models ethical practices by living the MTN values and vital behaviours for others to follow
Guiding People Manager - Is self-aware and guides team capability development through opportunity creation for realising potential
Relationship Builder - Builds relationships across the business in order to influence decision-makers and build team credibility
Hands – Results Focused (40)

Results Achiever - Produces sustainable divisional results through ethical practices
Operationally Astute - Sets priorities, plans, organizes and co-ordinates the work of others
Knowledge:
Understanding of MTN SA and MTN Group Limited functions
Broad knowledge of the communications and information technology industry
Basic knowledge of the telecommunications business financial environment
Knowledge of requirements for law of contracts
Thorough knowledge of Magistrate and High court litigation - and accepting and responding to summons received accordingly
Knowledge of commercial legal law and contractual and prescriptive procedures in law
Knowledge of Service Level Agreements and contracts life cycle management
Knowledge of Intellectual Property rights and ownership thereof (Trademarks, Patents, Copyright and POCs)
Knowledge of private international law or law of conflicts
Knowledge of Incoterms principles and application
Knowledge of tender processes and industry best practices regarding tenders and procurement
Knowledge of strategic sourcing and procurement principles
Knowledge of international disputes resolution principles and organizations (e.g. ICC)
Knowledge of IT contracts and in particular escrow agreements
Knowledge of construction law and principles (e.g. JBCC, FIDIC, NEC 3, etc)
Knowledge of telecommunications infrastructure developments contracts and regulations
Knowledge of law of property (e.g. Purchase of land, leases, servitudes, property finance, etc)
Knowledge of Broad-Based Black Economic Empowerment Act and the Codes issued thereunder
Commercial, legal and contractual knowledge
Relevant legislation (all Acts/Laws impacting on the business locally and internationally – BEE, FICA, Taxation, etc)
General Telecommunications Law, e.g. relevant to Competition Law, FICA, etc.
MS Office applications
Skills / physical competencies:
Strong negotiation skills at all levels, including executive
Good interpersonal skills
Problem solving and decision making skills
Ability to work under pressure to meet deadlines
Willingness to continuously develop new skills and knowledge
Strategic level general management skills
Strong leadership ability
Business acumen
Financial acumen
Ability to management diversity
Excellent written communication skills
Project management skills
Excellent commercial drafting skills
Relationship skills – to build relationships to facilitate efficient workflow
Scanning skills – to search for new ideas, trends and principles
Systems thinking – understanding the “big picture”
Business acumen – an understanding of the business as a whole
Flexibility – the ability to adapt and change in the light of changing circumstances / new information
Culture diversity management skills
Presentation skills
Ability to work with conflicting objectives
Crisis management skills


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