Legal and Contracts Manager, Gold & Mining – Germiston

SUMMARY:
Our client is looking to hire a Legal & Contracts Manager with 5 – 10 years’ experience in legal advisory and contract drafting; a professional with knowledge of specific legal and company compliance requirements of the gold and mining industry (medium to large company level)

POSITION INFO:

Job Description:

Our client is looking to hire a Legal & Contracts Manager with 5 – 10 years’ experience in legal advisory and contract drafting; a professional with knowledge of specific legal and company compliance requirements of the gold and mining industry (medium to large company level) who can assist our organization with interpretation and implementation of legal advice.

Closing date: 10 November 2021

Position details:

Type: Permanent

Position reports to: Senior Manager, Legal and Commercial

Job overview: The Legal and Contracts Manager is responsible for assisting the Senior Manager, Legal and Commercial and the Company Secretary in fulfilling their duties, inter alia, as follows:

1. Legal – in project planning, implementing new contracts as well as terminating contracts, service agreements, sub-contractors and other 3rd party agreements, dispute resolution, providing business-related legal advice, opinions on legislation and compliance and legal risk management, all in a South African context.
2. Company Secretary – provide support to the Company Secretary in implementing, ensuring, and adhering to legislation (including the King III), policies and procedures and standards; and assist in providing legal and governance advice and support to the Board, Board Committees and Exco and Exco Sub-Committees as and when required. Provide good corporate governance.

External customers: SADMPR and other regulators / FIC

Internal customers: Executive Committee / Various Exco Subcommittees / Senior and Middle Management / Sourcing Department / Procurement Department / IT, HR and other departments in the organisation / Company Secretary

Key performance areas:

Contracts

1. Draft agreements for all departments within the organisation.
2. Review agreements received from third parties and related to the organisation.
3. Obtain internal approval of agreements via SharePoint, attend to comments, and attend to signing of agreements by the CFO and the CE.
4. Manage all agreements within the organisation, i.e. ensure on internal J-drive, accessible to business and termination dates managed.
5. Attend to amendment, renewal and termination of agreements. Maintain a contract register and action contracts that are about to expire.
6. Compile necessary reports in respect of contracts for selected internal committees.
7. Together with the sourcing department, maintain sourcing contract templates.
8. Provide legal input and vet all contracts, in some cases lead contracts negotiation.

Legal advice

1. Provide various departments with written and oral legal advice on a variety of subjects.
2. Assist organisation with interpretation and implementation of legal advice.
3. Liaise with legal counsel in obtaining legal advice.
4. Compile necessary reports in respect of legal advice for selected internal committees.

Litigation

1. Liaise with legal counsel in respect of litigation.
2. Manage all legal claims/litigation against or instituted by the organisation.
3. Compile necessary reports in respect of litigation for selected internal committees.

Intellectual property

1. Manage expiry dates of organisation’s trademarks.
2. Liaise with legal counsel in renewal of trademarks.
3. Compile necessary reports in respect of trademarks for selected internal committees.

Legal compliance

1. Manage legal compliance with top 15 acts within the organisation vie Exc!aim.
2. Manage the Legal Compliance Committee meeting, i.e. schedule meeting, obtain necessary reports and take minutes.
3. Compile necessary reports in respect of legal compliance for selected internal committees.
4. Have a working knowledge of the:

• Precious Metals Act,
• Mineral and Petroleum Resources Development Act, and
• Protection of Personal Information Act.

5. Understand the DMR process of granting of mining licenses (i.e. exploration licenses vs mining licenses, who can deposit what).

6. Understand the legalities around tolling material at South African plants (i.e. permits required SADPMR vs DMR vs NEMA, etc.)

Permits and licenses

1. Manage expiry dates of organisation’s permits and licenses.
2. Attend to and complete the organisation’s applications for precious metals import permit and precious metals export approval.
3. Together with the sourcing department, apply for new countries on the import / export permit as needed (includes drafting and facilitating EXCO approvals).
4. SADPMR, completing applications and facilitating payment.
5. Liaise with SADMPR in respect of precious metals import permit and precious metals export approval.
6. Maintain an expiry diary for all permits and apply timeously for the renewal of all permits.

FIC reporting

1. Reporting to FIC monthly.
2. Compile necessary reports in respect of reporting for selected committees.

Responsible sourcing

1. Update the organisation on legislation related to responsible sourcing.
2. Consult with sourcing on legal matters and seek / organise / manage legal opinion / representation.
3. Manage and comply with the SADPMR requirements for local mines / refiners who can deposit with the organisation, mining rights, SADPMR refining, jeweller, beneficiation permit and settlement transactions.
4. Manage compliance with OECD Due Diligence Guidance for Responsible Supply; Chains of Minerals from Conflict-Affected and High-Risk Areas; LBMA Responsible Gold Guidance, LBMA Responsible Silver Guidance; and LBMA Toolkit.
5. Ensure compliance with purchasing requirements of the SADMPR.
6. AML – Ensure Compliance with all settlement requirements and AML policy

Attendance at meetings

1. Attend selected committee meetings on behalf of the CoSec, Legal and Risk department.
2. Take minutes of selected committee meetings.
3. Compile necessary reports for selected committees.

General legal matters

1. Attend to any other matters delegated to them by the Senior Manager, Legal and Commercial

Company secretarial

Attend to any matter delegated to them by the Company Secretary, in consultation with the Senior Manager, Legal and Commercial pertaining to, inter alia, the following:

1. Statutory compliance.
2. Board sub-committees and internal committees.

Location: Germiston, Gauteng

Job Qualification & Experience:

Education & relevant years job related experience:

• Relevant Legal Degree
• Admitted Attorney/Advocate
• 5 to 10 years’ experience in legal advisory and contract drafting role

Dimensions, skills and knowledge

• Knowledge of specific legal and company compliance requirements of the gold and mining industry (medium to large company level).
• Knowledge and full understanding of South African legislation and good corporate governance, incl. inter alia Companies Act, King Report on Corporate Governance – Medium to large company level.
• Detailed knowledge on the differing departments of the company, having an in-depth understanding of these processes to add value to decision making. Able to think and direct strategically.
• Keep updated with all legal and compliance requirements relevant for the company.
• Planning knowledge, being able to put this into practice from a leadership perspective and being able to plan effectively for up to five years. Add value and input to the planning and strategy of the company.

Sufficient / in depth, knowledge of:

• Computer literacy – MS Office, PowerPoint, and Excel.
• Excellent English communication skills (written and verbal) as required in a large, high-profile company.
• Must be able to interpret legislation effectively and be able to advise on and apply it practically in the organisation.
• Must be able to work under pressure and adversity, and to meet strict deadlines as required at managerial level.
• Excellent interpersonal and organisational skills, able to deal with regulatory authorities and other stakeholders.
• Possess integrity and leadership ability of the highest standard.
• Self-starter with attention to detail and meticulous.
• Good time management skills.
• Presentable with proven ability to liaise effectively at the highest management levels throughout the company.

Decision making

• Open ended, risky decisions or recommendations, requiring detailed research and analysis, where the success of the outcome may not be known for some time after making the decision.
• Problems are variable and resolution may require some flexibility within established procedures. Always makes first line attempt to solve problems.

Diversity of work

• Able to work across disciplines or in-depth within one discipline at an interpretive level or manage a discipline/major work area within a function.

Types of communication

• Direct interaction with all employees of the organisation and communicate verbally or in writing.

Company Description:

Having been in operation for almost a century our client has grown from a local refiner to a globally recognised precious metals leader. They received global accreditation and international referee status.

They enjoy exceptional long-term loyalty from their people – their family; all with outstanding talent and immense experience.

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