Manager - Prosecutions & Legal Services

Main Job Objective(s)

A key function will be acting as a student prosecutor, investigating cases and assessing contraventions of the student disciplinary code and representing the institution as prosecutor in student disciplinary matters. The student prosecutor shall also be responsible for monitoring, implementation and advisory services on student disciplinary matters. Regular and ongoing updates on all legal matters and student disciplinary cases are to be provided to the Director: Office of the Vice-Chancellor. Another key aspect of this function will be to provide legal services on all aspects of law to stakeholders across the institution, as instructed by the Director: Office of the Vice-Chancellor. Such legal services shall not be limited to one area of specialisation. Assisting the Manager: Contracts with the negotiating, drafting, reviewing and concluding of agreements/contracts. The incumbent is a member of the team that forms part of the Legal and Associated Services Unit and shall work collaboratively with others in the team to discharge the mandate of the Unit.

Key Performance Areas

Student Discipline & Related Matters

• Reviewing and updating of the student disciplinary code, admission of guilt documents and policies and procedures relevant to students
• Development and maintenance of protocols associated with the student disciplinary code
• Ensuring the implementation of the student disciplinary code
• Ensuring that electronic platforms carry the correct version of the student disciplinary code
• Providing the Proctors, Assistant Prosecutors, SRC Defence Counsellors and SRC Defence Board etc, with the necessary induction and where necessary training and support to ensure the smooth running of the student disciplinary system
• Following up with Proctors and Boards for timeous judgements and sanctions
• Ensuring that all judgements and sanctions are sent through to the Registrars Division and the Director: Office of the Vice-Chancellor
• Investigate, assess, draft charges, organise and prosecute student disciplinary cases, including appeals
• Serving disciplinary notices, both on and off campus, to students, to attend disciplinary hearings, suspension hearings and no-contact order hearings
• Prosecuting suspension hearings and no contact hearings on behalf of the institution
• Liaising with defence representatives, both formally and informally in disciplinary hearings
• Attending to any third parties that make contact regarding a specific disciplinary hearing
• Outsourcing student disciplinary cases if it is so required, after consultation with the Director: Office of the Vice-Chancellor
• Work closely with the Director: Office of the Vice-Chancellor as regards the investigation and prosecution of sexual and gender-based harm cases
• Working with the Administrative Officer, in the design and streamlining of a case management system
• Keeping digital and paper records of all past and current matters and following up on ongoing matters on a daily basis
• Providing summaries of cases to be communicated to the University community
• Redacting judgments and sanctions handed down for the precedent file
• Monitoring and liaising with the Registrar or their nominee with regard to the enforcement of sanctions handed down by Proctors and Boards
• Working collaboratively with the Lower Disciplinary system
• Training, and providing advice, guidance and assistance to Wardens and Hall Wardens in all aspects of student discipline as and when required
• Dealing with queries from the institution’s community including but not limited to wardens, the Director: Office of the Vice-Chancellor the Registrars Division, the Counselling Centre, the Office of the Director of Student Affairs, CPU, members of the public, parents and students
• As per the Student Disciplinary Code, provide the Director: Office of the Vice-Chancellor with the bi-annual reports of student discipline
• As per the Student Disciplinary Code, provide the Director: Office of the Vice-Chancellor with updates on all matters involving student discipline on and ongoing basis
• Case management of student discipline cases to ensure that the cases are being dealt with timeously
• Provision of reports and an annual trend analysis on student discipline
• Assisting with the drafting the Agenda of the Disciplinary Committee

General Legal Advisory Services

• provide expert legal advice on all aspects of law to the institution at large, including but not limited to the following:
• On general legal matters emanating from across the University
• On request, review legal documents for the institution
• Negotiating, drafting, reviewing and concluding research and non-research agreements/contracts as required
• Guiding and participating in the development of the institution’s policies and procedures to ensure that they are legally correct and appropriate
• Conducting research on the law and providing verbal and written high level legal opinions
• Providing advice and interpretation on all contracts and agreements
• Remaining up to date with changes in the legislation and case law
• Providing advice, interpretation and implementation of POPIA
• Remaining up to date with Codes of Conduct and Guidance Notes issued by the Information Regulator and bringing these to the attention of the Information Officer and the Deputy Information Officers
• Advising on the interpretation and application of the Plagiarism Policy and the prosecution of such cases where necessary
• Serving on relevant committees e.g., Disciplinary Committee; Events Committee, Risk Committee and Occupational Health and Safety Committee
• Building capacity among administrative and academic staff to create increased levels of understanding and application of knowledge so that employees are able to recognise basic errors, risks and opportunities regarding aspects of contracts and other relevant legal issues

RESOLUTION OF DISPUTES

• Resolution of disputes and representing the institution at formal and informal forums if requested to do so by the Director: Office of the Vice-Chancellor, with a view to preserving good relationships

Support & Assistance to Team Members in the Unit

• Work collaboratively with others in the Legal and Associated Services Unit, in order to discharge the mandate of the Unit
• Providing legal support and assistance to legal colleagues with differing legal portfolios in the University, on an ongoing basis

Job Requirements

Education and Experience

• LLB Degree plus approximately 4 years’ relevant practical legal experience where such experience includes:
  • Previous experience in wide ranging areas of law
  • Experience in prosecuting cases in the courts, the CCMA and other tribunals
  • Ability to negotiate, draft, review and conclude agreements and contracts
  • Mediation of conflicts and disputes
  • Handling of dispute processes
  • Provision of sound legal advice across a wide variety of legal areas
  • Experience in dealing with students and student discipline would be an advantage