Legal Advisor - Regulation Development

Job Purpose

• To provide regulatory and general legal services to the organisation
• Ensure that the organisation is protected against any 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 services to the organisation. Ensure that the organisation 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 the organisaition’s Divisions
• Providing verbal and written legal opinions/advice on a variety of matters pertaining to the acts and regulations administered by the organisation and other matters of interest that have an impact on the organisation
• Review of the final drafts of regulations and amendment to confirm their legality, determine the effect of such 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 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 the organisation.
• Deal with Department of Transport and Director of Civil Aviation appeal matters and represent the organisation in tribunal appeal Committee

Key Performance Areas

Regulation Development and Provision of Legal Support

• Draft/vet proposals for amendment of regulations and technical standards. Draft regulations and technical standards. Review final drafts of regulations and amendment to confirm legality
• Draft Memorandums for approvals of regulations and technical standards
• Draft any regulations, notices, publications as assigned by LAC Facilitate and monitor the approval process of the regulations and adhere to deadlines. Draft Board and Executive Committee submissions, draft monthly reports, analyse exemptions and provide legal advice thereto; Perform any other function for Legal and Aviation Compliance Department when delegated to do so by the Manager: Regulation Development; provide any legal advice when assigned to do so. Perform Civil Aviation Regulations Committee secretarial functions as assigned. Drafting of Legal Opinions
• Research and draft accurate and legally correct legal opinions
• Recommend the course of action to be taken. Litigation Process
• Consider the merits of the matter
• Research the legalities pertaining to the matter and ensure that SACAA is protected against any legal risk that may arise
• Coordinate, provide assistance to, monitor and guide the attorneys in the litigation matters

Drafting of Contracts

• Draft, vet, interpret and advise on contracts to ensure compliance and protect the interests of the organisation

Requirements

Minimum Qualification

• B Proc or LLB, admitted as an Attorney or Advocate and legislative drafting certificate or 3 years legislative drafting experience

Experience

• 3 Years Attorney or Advocate, Basic Elementary exposure as Legal Practitioner
• 3 Years Post Admission experience or 3 years legislative drafting experience