Legal, Governance, Risk & Compliance Manager

The incumbent will be responsible for the developing and maintaining an effective legal, governance, legal and compliance policy management, and company secretarial function within the organization and to ensure the prudent risk management of across the organization.

REQUIREMENTS

Qualifications

• Appropriate three-year tertiary qualification
• Law degree preferable
• Beneficial: Post graduate Degree/ LLB and Admitted as an Attorney of the High Court advantageous
• Any other relevant industry certification in compliance, legal and risk management
• Beneficial: Post graduate Diploma or equivalent in Applied Corporate Governance.
• Beneficial: Certification with the Institute of Chartered Secretaries

Experience

• Legal and Commercial experience – minimum 3 years
• Experience in governance and the functioning of committees
• Minute-taking experience
• Experience in administration of statutory documents
• Experience in the healthcare industry will be an advantage, but not essential

Skills

• Knowledge of relevant legislation, compliance, and governance requirements (including King Codes of Good Practice).
• Sound understanding of legal and financial matters.
• Understanding and working knowledge of relevant South African legislation including, Companies Act, Corporate Law.
• Ability to interpret and explain written organizational policies and procedures.
• A solid knowledge of legal, compliance and risk management practices
• Excellent organizational abilities, accuracy, and diligence
• Able to multitask and work under pressure, with good time management
• Effective communication and well-developed interpersonal skills

• High computer literacy, especially in Microsoft applications such as word, excel and power-point
• Report writing and presentation skills

• Respectful of confidentiality
• Excellent verbal and written communication skills
• Excellent negotiation, problem solving and analytical skills
• Commercial awareness and the ability to understand broader business issues

KEY OUTPUTS

General

• To manage the legal, corporate governance, compliance, and risk responsibilities.
• Function as company secretary
• Function as general legal advisor

Compliance and Governance

• Establishing a sound compliance and corporate governance framework and ensuring that all business practices, processes, and activities are consistent with appropriate regulations as well as internal procedures
• Develop compliance schedule for all divisions and company entities
• Address all compliance related matters within the group of companies

• Maintain elevated levels of knowledge on legislation applicable to the healthcare industry and assist with the identification of new legislation for implementation or changes to existing legislation
• Provide compliance and regulatory training and/ or guidance and general assistance to all business units

• BBB-EE Compliance:
• Develop, document and review BBB-EE compliance
• Make recommendations for improvement
• Arrange annual BBB-EE compliance audit and certification
• CIPC compliance - In conjunction with the Company’s appointed CIPC services provider:
• Ensure all company returns including annual submissions are lodged timeously by using the Companies appointed CIPC services provider
• Manage, update, and maintain the Company’s Statutory Registers through Companies appointed CIPC services provider
• Develop, maintain, and manage a Company Policy library
• Review, amend and develop new internal policies in conjunction with relevant line manager
• Develop, maintain, and manage a manage a License library
• Manage and maintain Governance function:
• Develop, document and review Governance procedures and make recommendations for improvement
• Provide guidance and advice regarding information pertaining to and the administration of Corporate Governance documents
• Develop and/or maintain relevant committee/s’ governing terms of reference /charters
• Assisting with the monitoring of compliance of management with standing delegations from the board and reporting any breaches.
• Assist in ensuring effective information flows within the board and with and between board committees, and between non-executive directors and management

Risk Management

• Maintain, monitor, and update risk register for the whole organization:

• Management of enterprise risk management through the creation, enhancement, implementation, and review of integrated frameworks for the identification, measurement, mitigation and monitoring of risks from all sources and across all business units within the company
• Gather risk-related data from internal or external resources
• Document and ensure communication of key risks
• Plan and contribute to development of risk management systems
• Recommend ways to control, mitigate and reduce risk
• Analyze new legislation to determine impact on risk exposure
• Advise management on the company’s compliance with laws and regulations
• Create and manage effective action plans in response to audit discoveries and compliance violations
• Regularly perform an internal audit of the company procedures, practices, and documents to identify weaknesses or risk
• Ensure all employees are educated on the latest regulations and processes
• Build risk awareness amongst staff by providing support and training within the company

Company Secretarial

• Manage Company secretarial function
• Provision of support to the Chair/s and committee members in ensuring the effective functioning of the committee/s
• Comprehensive minute register of all relevant meetings and effective maintenance of the committee’s records and the retrieval thereof
• Acting as the central reference point for all Board committee members
• Draft the annual board and board committee workplans and diarizing of all committee meeting dates
• Preparation of the Agenda, together with the Chair and CEO in accordance with the annual board workplan
• Timeous circulation of meeting packs
• Ensuring venue for meeting is organized including access to all equipment required, i.e., projectors/teleconference call facilities, IT, refreshments
• Ensuring that attendance register is signed
• Ensuring that the required quorum is present
• Recording meetings
• Attending the meetings, minuting thereof and preparation of action lists/matters arising
• Circulation of finalised minutes to all committee members
• Ensuring that actions/matters arising from the meetings are enacted and that all decisions taken are included on Board meeting agendas for Board consideration
• Management of resolutions and necessary decisions register
• Ensuring minutes, once approved are signed by the Chair and that electronic versions thereof are kept
• Keep the Board abreast of legislative and corporate governance developments.
• Ensuring membership of the Board and Board sub-committees are kept up to date
• Ensure members and Directors have completed induction, annual appraisal and development opportunities appropriate to their role.

Legal

• Drafting and/ or vetting of contracts and agreements, including consulting with legal firms where these activities are outsourced
• Peruse and review all legal documents and ensure on-going management and review of contracts and agreements
• Custodian of all final contracts and agreements
• Provide general legal advice and guidance to business units where required

• Develop, maintain, and manage a contract library – prompt all with renewal and review notifications

• Develop legal procedure and processes

• Manage ad-hoc internal legal matters and consult with external legal counsel
• Co-ordination and management of instructions to outside legal practitioners, including legal fee management
• Undertaking legal due diligence exercises where necessary

Employment/Labour

• Assist the Human Resource Manager with:
• Collective agreements
• Strike/Dispute resolution
• Disciplinary Enquiries
• Employment contracts
• Database development on disciplinary hearings

Finance

• Assist the Financial and Admin manager with:
• Internal Audit function
• External audit enquiries
• Contract management

• Assist with the legal activities in respect of debt recovery