GM: Legal, Risk, Governance & Compliance - Transnet

Position Purpose

• Provide strategic direction and leadership in the implementation of the total regime in the following functions:
• Provide strategic leadership and guidance to TNPA leadership and the business on compliance with relevant statutory and regulatory - national and international -  requirements, risk management and mitigation, and good corporate governance.
• Safeguard Transnet’s interests and reputation by protecting TNPA from undue liability and exposure to risk through the provision of professional and expert legal advice and services.
• Lead the division in embedding governance, compliance and risk management that is aligned to relevant legislative and regulatory requirements, and leverage its benefits to enhance business performance, by developing and implementing an integrated strategy relating to legal, compliance & regulatory, corporate governance, company secretarial, enterprise risk management, maritime regulatory framework, safety, environment, sustainability, business continuity management, fire and emergency response, contract management, document management and oversight management of port users within port limits, and projects in accordance with the National Ports Act 12 of 2005 (Act), TNPA and Transnet, to ensure compliance with the Act, achieve TNPA, Transnet strategic objectives and to international best practice and standards.

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Position Outputs

• Lead the development of sound legal, governance and regulatory frameworks to ensure impeccable governance practices are instituted within TNPA.
• Lead the identification, assessment and monitoring of regulatory requirements, statutory licenses and codes and standards applicable to TNPA.
• Develop TNPA vision for risk management as well as the Enterprise Risk Management framework, incorporating the risk management policy, risk management strategy, risk management implementation plan, risk identification and assessment methodology, risk appetite, risk tolerance levels and risk classification.
• Drive the development and management of all legal contracts across TNPA, ensuring terms and conditions are in the best interest of TNPA and Transnet.
• Analyse and interpret the Group’s strategy and roadmap and relate to the Group’s Compliance Divisional roadmaps to determine the direction of the specific areas within TNPA.
• Provide leadership and direction to the team managing the compliance process with all critical business regulators.
• Review and analyse current legislation and regulations to determine and confirm areas of compliance.
• Develop the enterprise risk management framework for all stakeholders and monitor its implementation.
• Conduct research into new/proposed legislation to determine the areas of compliance, possible risks to the company and the impact on the business. Influence new/amended legislation/regulations where required to ensure the best possible position for TNPA.
• Develop and implement effective plans, strategies, processes and policies to ensure that legal requirements and organisational objectives are met and reflect good practice.
• Create, implement and manage systems, processes and methodologies that ensure proactive and efficient operations.
• Lead and direct the Corporate and Regulatory Affairs team so that they are motivated, supported and have access to the resources required to meet agreed objectives.
• Ensure that regulatory capabilities meet or exceed all industry and customer requirements of cost, quality and responsiveness.
• Responsible for ensuring full compliance to all applicable requirements and specifications imposed by the company, the customer and/or the industry while seeking creative cost-effective solutions; challenging the status quo and evolving the culture within the department.
• Provide the relevant assurance in respect of commercial contracts activities within TNPA and contribute to the effectiveness and efficiency of Transnet Group governance, control and risk management strategies, policies and processes.
• Review and analyse current legislation and regulations to provide assurance on TNPA compliance.
• Identify existing and emerging legislation relevant to the business and ensure that risks that may arise from compliance requirements are well understood by TNPA leadership.
• Interrogate new/proposed legislation in terms of TNPA business operations to determine possible risks to the company and the impact thereof on the business.
• Influence new/amended legislation/regulations where required to ensure the best possible position for the TNPA.
• Analyse business processes to determine:
• Areas of compliance
• Possible risks for non-compliance
• Actions to prevent non-compliance
• Develop, implement and monitor Performance Indicators for each area within each sector and implement in accordance with policies and procedures
• Analyse industry research to determine the implications thereof on relevant legislation, regulations and policies
• Initiate dialogue and engage with key stakeholders, including customers and suppliers, on regional government and industry, to ensure effective internal and external stakeholder engagement and management
• Manage relevant role players in accordance with business requirements and dependencies and represent TNPA in the interactions with stakeholders
• Ensure provision of the skills and capacity required to efficiently achieve goals and targets. Establish an effective team, manage their performance, drive development initiatives as required, and embed the values and behaviours required to create a positive culture
• Lead and ensure that governance structures as per agreed upon terms of reference, ensure proper delegation of authority to all direct subordinates including functional managers, and ensure that audits are conducted as per company guidelines and recommendations implemented
• Advise and guide TNPA leadership and employees on good and proper Corporate Governance and compliance with PFMA, Regulatory and relevant legislative and governance requirements
• Develop, implement and oversee TNPA’s Corporate Governance framework
• Develop and continuously review internal controls to support effective management of the organisation
• Continuously review all other company policies and procedures in relation to their implications on the business of TNPA
• Review delegation of authority and make deployment recommendations
• Implement performance audit reports
• Prepare statutory and annual corporate governance reports
• Ensure sound management of the department’s expenditure and budget within approved constraints, and report deviations
• Coach and mentor employees to ensure the required skills and capacity levels for effective performance
• Responsible for Safety, Health and Environment portfolio

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Qualifications and Experience

• LLB Admitted Attorney or Advocate
• A postgraduate qualification will be an advantage
• A certified Risk Officer qualification will be an advantage
• Minimum of 12 years experience in legal, compliance, assurance, contract management and/or risk management in a large enterprise with a complex operations environment, of which at least 5 years at a Senior Managerial level
• A seasoned professional with advanced knowledge of corporate governance and a sound understanding of the SA legislative framework, particularly related to a regulated environment
• Concessions with a financial understanding
• 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
• Travel as required by the business