Transnet is hiring


General Manager: Commercial Law
Transnet

Johannesburg, Gauteng


Job details
Job Type
Permanent

Full Job Description
This advert is open for application by external applicants.
Equity Statement :Preference will be given to suitably qualified applicants in line with Transnet’s
employment equity policy and plan. Candidates will be subjected to an executive management
assessment as well as an intensive vetting process as per the requirements of the job. Part of vetting will
also include lifestyle audit and Social Media Screening.
Applicants that are interested in applying for any of the advertised positions must apply by registering on the Careers section
of the Transnet Internet. Please take care in completing all required details on the profile, and then apply for the position.
Alternative Application Methods: (Completed Curriculum Vitae to be submitted)
Post :
E-mail : Assessment.Centre@transnet.net
Fax :
The closing date is on 12.08.2020. It is the responsibility of the applicant to ensure that HR has received the application
before the closing date of the advertisement.
Note: if you have not been contacted within 30 days of the closing date of this advertisement please consider your
application as unsuccessful.
Any questions regarding the application or recruitment process should be sent in writing to
PULENG.QHAMAKOANE@TRANSNET.NET.
We urge all our employees, clients, members of the public and our suppliers to report any kind of fraud or corruption at
Transnet. Call the hotline toll free number: 0800 003 056 or email Transnet@tip-offs.com
Operating Division : Transnet Group Services
Position Title : General Manager: Commercial Law
Employee Group : Permanent
Department : Legal Services
Location : Johannesburg
Reporting To : Group Chief Legal Officer
Grade Level : B
Reference Number : 6003575
Position Purpose:
Company profile
Transnet is the largest integrated logistics company in Southern Africa and the custodian of ports, rail and pipelines. As at the
end of March 2019, the company generated an annual revenue of R74 billion, had an asset base of R369,7 billion and
employed over 55,000 employees (permanent and non-permanent). Transnet’s port, rail and pipeline infrastructure facilitate
the movement of goods from where they are produced to where they are consumed. This enables trade and connection to
export markets. The Company is therefore critical for cost-effective, efficient, and seamless movement of goods through our
economic system. The company’s core mandate is to assist in lowering the cost of doing business in South Africa, enabling
economic growth and ensuring security of supply through providing appropriate ports, rail and pipeline infrastructure as well
as operations in a cost effective and efficient manner, within acceptable benchmark standards.


Transnet is also a key implementing agent of the developmental state and must align with Government’s Programme of
Action, which seeks to build a pragmatic and cooperative relationship between Government, organised labour, and private
sector stakeholders that can jointly determine a strategic path for state-owned companies to create jobs, enable inclusive
growth and become operationally and financially sustainable.
GENERAL MANAGER: COMMERCIAL LAW
Transnet seeks to employ a seasoned, ethical and inspirational General Manager: Commercial Law to safeguard Transnet’s
interests and reputation by protecting the organisation from undue liability and exposure to risk through the provision of
professional and expert advice and services relating to Commercial Law.
As the General Manager: Commercial Law, the incumbent is responsible to:
Provide the relevant assurance in respect of Commercial Law activities within the enterprise and contribute to the
effectiveness and efficiency of Transnet Group governance, control and risk management strategies, policies and processesUtilise advanced strategies in Commercial Law in order to provide assurance on the effectiveness of mitigation plans to
prevent, manage or reduce identified business risksIdentify existing and emerging legislation relevant to the business and ensure that risks that may arise from compliance
requirements are well understood by the Board and Transnet leadershipPosition outputs:
Provide strategic leadership and guidance to Transnet in embedding governance, risk and compliance relating to
commercial law, and leverage its benefits to the successful achievement of the Group’s strategic business objectives and
targetsProvide professional legal counsel pertaining to commercial transactions to Transnet business entities, operating divisions
and subsidiaries to avoid or minimise the Group’s legal risk exposure
Ensure organisational compliance with prevailing statutory and regulatory requirements, and oversee the implementation of
changes in legislation and regulation pertaining to commercial law within the organisationDevelop sound legal, governance and regulatory frameworks to ensure impeccable governance practices are established
within Transnet in relation to commercial law, ensuring collaboration across the Group to integrate systems, processes andcommunication for effective contract management
Lead and guide the alignment of Transnet’s commercial contracts to international market regulations and legislative
requirements in support of regional integration, ensuring that Transnet’s interests are protected
Oversee the development and management of all significant commercial contracts and agreements across Transnet,
ensuring legal soundness and that the interests of the organisation are protectedMinimise Transnet Group’s exposure to litigation risks arising from mediocre or deficient contract management practices by
developing strategies and governance mechanisms to address business risksProvide expert legal advice in drafting and amending strategic contracts, and commercial legal support and advice
pertaining to the drafting and vetting of commercial contractsLead and guide the development and management of all substantial commercial contracts to ensure the safeguarding and
protection of Transnet’s interests and reputation
Elevate commercial law processes and structures to enhance compliance with regulations and conformance to National
Treasury Guidelines to avoid the implications of non-compliance resulting from the increased business impact of newlegislation
Link business risks with established processes and provide assurance on the effectiveness of mitigation plans to manage
and contain organisational riskIdentify significant legal issues and take active steps to avoid or reduce Transnet’s exposure to legal liability
Provide expert legal advice in drafting and amending strategic contracts to ensure legality of contracts of local and foreign


suppliers for existing and future contracts
Provide thought leadership and legal advice on all legal aspects which may have an impact on procurement
Advise Transnet leadership on complex legal questions and issues when required and provide strategic leadership and
guidance to Transnet executives on commercial legal mattersEnsure protection and safeguarding of Transnet’s intellectual property and assets
Ensure mitigation of legal risk exposure through expert and professional knowledge and advice
Develop protocols for legal involvement in early phases of contract management processes and strategies.
Build key specialized skills across business required for successful handling of disputes.
Embed compliance with all key legislation through collaboration with other governance functions such as Legal,
Compliance, Risk Management, and Internal AuditEnsure proper Quality Assurance of the Commercial Law function through various assessments, namely:
Conduct annual self-assessment of the performance of the function
Conduct annual performance assessment by the Finance & Investment Committee and Transnet Group EXCO
Ensure independent assessment of the function once every 5 years by a qualified external review team
Drive a stakeholder-inclusive approach to ensure effective stakeholder relationship management and communication that
contribute to value creationIdentify, select and retain external counsel as required to obtain legal opinions or to handle litigation based on Transnet’s
requirements, and oversee legal services provided where requiredEnsure that work is secured and delivered in accordance with the defined ethics and values of the Group
Qualifications & Experience:
LLB degree
Admitted Attorney / Advocate of the High Court of South Africa
Membership of construction Alternative Dispute Resolution (ADR) bodies; or
Relevant courses completed in ADR relevant to construction projects.
Minimum 15 years’ experience in commercial law in a large organisation with a complex commercial environment of which
at least 5 years at a senior managerial level
Seasoned professional with advanced knowledge of PFMA, commercial and company law and an in-depth understanding
of the SA legislative framework, particularly related to a regulated environment
Exposure to capital projects, Engineering and Construction Contracts (preferably NEC3) and Alternative Dispute
Resolution in a construction project environment.
Advanced knowledge of construction law, standard construction contracts (especially NEC 3 suite of contracts and
legislation applicable to construction procurement in a regulated State-Owned Company environment
Experience in managing multiple disputes
Requirement of trust and honesty in the handling of finances as per the National Credit Act Amendment 19
Standard Job Requirements
Driver’s license code 08
Local and international travel as required by the business
Competencies:
Behavioural Competencies:
Ethical leadership and responsible corporate citizenship
Strategy and Sustainability
Relationship Management
Corporate Governance and Compliance
Business Performance and Delivery
Personal Mastery
Technical Competencies:
Core legal knowledge and skills
Legal Risk Management
Professional development of legal staff
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