Manager - Commercial Legal.Corporate Services

Context:

• Multiplicity of legal environments in other countries
• Constant changing of the legal environment and regulations
• Dynamic technology environment
• Competition law
• Regulatory and legislated environment
• Rapid changes in regulations and legislation
• Rapid growth of the organization
• Cross-country alignment and multiplicity of cultures and socio-political environments and judicial systems
• Alignment with existing operations with new opportunities.
• Rapid growth of local and international competition.
• More than 80% of a company’s business relationships governed by contracts

Key Performance Areas:

Task Complexity:

Strategic Input

• Provide inputs to GM Commercial Legal in defining relevant Commercial Legal frameworks to be implemented across the organisation.
• Contribute to, challenge and implement long-term strategy for the MTN SA business functions, ensuring alignment of all activities undertaken to the overall business strategy.
• Contribute towards long-term forecasts and predictions (2-5 years).
• Provide strategic input to the MTN SA business functions within the MTN group of companies from a commercial legal perspective taking into account the broader business imperatives of those companies/departments and considering the long term (1-2 years) implications of actions on the viability of the business from a broad perspective.

Operational Planning and Process Enhancement

• Conduct ongoing research, maintaining current knowledge of changes in legal frameworks and developments in the industry including from technical, operational and legal aspects.
• Provide input into the development of MTN SA departmental policies, procedures and structures and advising on departmental strategy and budgets.
• Drive best practice, continuous improvement and innovation at process and procedure level within MTN SA.
• Manage process of identification of critical issues that could arise and taking into consideration the long term (1-2 years) implication from a broad perspective.
• Provide input to the development of legal documents standard templates.
• Provide clear guidelines and framework to Legal Advisors in MTN SA environments.
• Participate in knowledge management initiatives, including continuing legal education and business partner training. 

Commercial Legal Support

• Support the MTN SA business functional areas of the business, proactively identifying legal risks/ issues that could arise and providing commercial legal advice to executive management and staff in these areas, focusing on complex commercial transactions, litigation and risk identification and mitigation.
• Support the Regulatory department in Private Law and in all court’s processes.
• Ensure compliance with law in all fields related to Commercial Legal in MTN SA business functions.
• Ensure proper involvement of Legal department in all negotiations with third parties and managing the more complex negotiations & contract agreements.
• Review major contract agreements to ensure compliance and MTN SA interests – structure local and international commercial transactions, drafting and reviewing related contracts (e.g. agreements with dealers, partners, corporate customers).
• Ensure contract drafts are aligned with MTN SA standard legal templates and update legal policies and procedures in line with best practices, Conceptualise and deploy innovative methods for contracting for digital products and services and management of legal relationships between the company and its trade partners.
• Attending to all legal queries from various departments, participate in dispute resolution and manage litigation matters for MTN SA business functions.
• Support the development and maintenance of a bank of precedents and templates.
• Represent MTN SA in court whenever required.
• Ensure that all legal information for MTN SA business functions is properly uploaded onto the relevant contracts management tools.
• Advise executive management on corporate governance issues, certain regulatory issues and the impact of new and/or amended legislation and the risks associated therewith.
• Provide Corporate Secretary of MTN SA and Group with the appropriate legal support, maintain a good working knowledge of company secretarial functions and corporate governance requirements including King III.
• Manage legal requirements, transactions and initiatives within MTN, with a primary focus on the following key areas: 
• network infrastructure build, operations and maintenance;
• Information Technology contracts and projects – including technology development & evaluation, licensing, professional services, provision of resources, business development;
• Telecommunications contracting – such as carrier services and other wholesale regulated telecommunications services;
• general procurement of goods and services across multiple commodities; Property infrastructure – acquisition, management and regulation of leasing of commercial, industrial and communal land property portfolios); 
• Commercial partnerships – sponsorships, collaborations; third party sales channels (resellers, distributors, system integrators etc.) and strategic alliances.
• Support on M&A transactions from time to time.
• network infrastructure build, operations and maintenance;
• Information Technology contracts and projects – including technology development & evaluation, licensing, professional services, provision of resources, business development;
• Telecommunications contracting – such as carrier services and other wholesale regulated telecommunications services;
• general procurement of goods and services across multiple commodities; Property infrastructure – acquisition, management and regulation of leasing of commercial, industrial and communal land property portfolios); 
• Commercial partnerships – sponsorships, collaborations; third party sales channels (resellers, distributors, system integrators etc.) and strategic alliances.
• Support on M&A transactions from time to time.

Reporting

• Collate all information from business partners and compiling legal reports.
• Contributing to the development of Commercial Legal reports across a variety of stakeholders 
• Periodically report to MTN SA business functions and GM Commercial Legal highlighting key commercial legal risks and issues

Supplier Relationship Management

• Manage, manage and liaise with external attorneys who support MTN.
• Manage the identification of needs of external attorneys support, collating and validating inputs from Legal Advisors.
• Raise and address issues related to performance of external attorneys support.
• Provide input to the Supplier Performance Management system.

Customer Satisfaction

• Manage and build solid relationships with all internal business partners and stakeholders
• Understand customer needs and develop and fine-tune systems accordingly in order to satisfy needs and requirements.
• Ensure customer needs and requirements are satisfied through having the appropriate systems, processes and procedures in place to be able to meet them efficiently and effectively.
• Adopt a proactive approach to prevent problems from arising in the future.
• Identify trends and patterns pertaining to customer requests and needs and filter this information appropriately to continually improve all aspects of service delivery
• Initiate change to continually improve all aspects of service delivery, driving continuous improvement as a key element of service delivery.

Education:

1. LLB Degree
2. Admission as a Legal Practitioner 
3. Masters Degree in Law will be advantageous

Experience:

• A minimum of 5 years post articles experience, including Commercial law, Commercial Business
• Experience in providing legal advice on matters, transactions and regulatory issues relating to network infrastructure build, technlogy and procurement of goods and services 
• Experience in the telecommunications industry an advantage.
• Experience in large construction and engineering projects an advantage

About MTN South Africa

Launched in 1994, MTN South Africa is a subsidiary of MTN Group, a leading emerging market operator with a clear vision to lead the delivery of a bold new digital world to our customers. We are inspired by our belief that everyone deserves the benefits of a modern connected life. The MTN Group is listed on the JSE Securities Exchange in South Africa under the share code ‘MTN’. Our strategy is Ambition 2025: Leading digital solutions for Africa’s progress.