Superb career opportunity with Mutual Finance (Pty) Ltd (“OMF”) for experienced legal advisor to provide strategic and administrative legal support to OMF’s property management department (“Property Shop”), and its new property management and brokerage subsidiary, Anchorage Property Management (Pty) Ltd (“Anchorage”).
In addition, overall responsible for the Property Shop and Anchorage’s contract management, legal advisory, compliance and risk management, occupational health & safety, as well as the management of the Property Shop legal team (consisting of legal advisors, leasing administrators and occupational health & safety manager).
Key responsibilities -
Contract management: 30%
The successful candidate will be responsible for drafting, reviewing, negotiating terms of complex commercial lease agreements, property vendor agreements, brokerage and other agreements within the retail & office property sector. As well as signature and storage.
Offer legal advice on the structuring of above agreements to the Property Shop’s team members responsible for contracting.
Ensure proper recording of contractual transactions’ terms and conditions in accordance to property and procurement committees’ approvals, as well as communication to all impacted stakeholders (e.g. rental payments, beneficial occupation dates, lease periods etc).
Networking with industry role-players & relationship management, e.g. national landlords, property managers etc.
Property and procurement committees’ reporting and oversight.
Legal advisory: 30%
The successful candidate will be responsible to fulfil a legal advisory role to the Property Shop and Anchorage on all legal matters.
This will include, but not limited to –
Advising the Property Shop and Anchorage on statutory and common law requirements, as amended from time to time, as far as it related to its business activities, as well as proposing practical solutions for implementation, execution, monitoring and reporting.
Prepare legal opinion to advise the Property Shop and Anchorage on legal matters in need of clarity and/or dispute, as well as taking lead on legal matters and legal advice where required in its business sphere (including property committees).
Accountable for advising, overseeing and monitoring the legal aspects of the Properties Shop and Anchorage in order to support their operations and strategy, including engagement with landlords, property management companies, clients, vendors/suppliers etc in matters of dispute.
Advising the Property Shop and Anchorage in matters of litigation, arbitration and/or other dispute.
Advising and executing on legal matters relating to the registration of Anchorage as a property management and brokerage company with Estate Agency Affairs Board / Board of the Property Practitioners Regulatory Authority, as well as its subsequent operations and requirements to meet Old Mutual Group and shareholder requirements (e.g. resolutions to board & shareholders, OML/OMF policies, secondment agreements etc), and companies act requirements (e.g. MOI amendments & other companies act requirements).
Property and procurement committees’ reporting and oversight
Risk management & compliance: 25%
The successful candidate will be responsible to fulfil a level 1 risk management role for the Property Shop and Anchorage, which include, but not limited to –
Risk identification, risk measurement, selection of risk control measures / internal controls, implementation, and monitoring & reporting. This include overseeing the incorporation in the Property Shop / Anchorage standard operating procedures / protocols.
Formulate and implement a risk based vetting and contracting approach with landlords, property management companies, property suppliers/vendors and clients, taking into account relevant legislation (FIC Act etc), OML/OMF policies (OML Risk Management & Compliance Programme, AML & ABC Risk Policy, OML Legal Policy etc), and Property Shop / Anchorage standard operating processes / protocols (credit vetting, deeds search etc).
CURA updates and risk escalation reporting.
Responsible to assess, engage and arrange with OMF Risk & OML Group for adequate insurance cover in respect of Anchorage operations, as well as those provided by property vendors/suppliers.
The successful candidate will be responsible to fulfil a compliance role to the Property Shop and Anchorage, which include, but not limited to –
Ensure compliance with relevant legislation impacting the Property Shop and Anchorage, including but not limited to the Estate Agency Affairs Act & Regulations, Property Practitioners Act & Regulations, POPIA, Companies Act etc.
Ensure compliance with OML & OMF policies.
Responsible to oversee that all Property Shop / Anchorage teams have standard operations procedures / protocols in place, with employee confirmation of compliance.
Drafting and review of OMF Property Policy and Charter
Responsible to engage with OMF/OML compliance, risk management, legal, corporate secretarial and audit structures on matters pertaining to the areas of operation of the Property Shop and Anchorage, including but not limited to reporting, audits, risk identification, assessments & mitigation and escalation (e.g. CURA) etc.
Responsible for the Property Shop and Anchorage Business Continuity Plan (BCP) and engagement, liaison and coordination with the OMF BCP manager.
Responsible to review and update the Property Shop’s SODAs, terms of reference, delegation of authorities, mandates, and ensure sign-off by COO/CEO/FD etc.
Responsible for property committees’ agendas, minutes, circulation and sign-off.
Property, procurement & ERCO committees’ reporting and oversight
Occupation Risk & Compliance (OHS):
Management of the OMF occupation health and safety (OHS) responsibility, as well as the OHS responsibility in respect of the operations of the Property Shop and Anchorage.
Ensuring compliance with the OHS statutory duties, including but not limited to the Basic Conditions of Employment Act, Unemployment Insurance Act, Compensations for Occupational Injuries and Diseases Act, Occupational Health and Safety Act and COVID-19 regulations, and construction regulations.
Provide leadership and coordination of the day-to-day OHS requirements for OMF, the Property Shop and Anchorage, including but not limited to OMF’s head office, retail branches/regional offices, and the Property Shop / Anchorage’s construction related matters. This is inclusive, but not limited to –
Oversee the responsibilities of the OMF occupational health & safety manager; Engagement & reporting in respect of the Department of Labour, COIDA, letters of good standing, OML/OMF stakeholders and crises committees (e.g. OMF Covid-19 Crises Committee), branch/sales structures, and other stakeholders.
Property, procurement & ERCO committees’ reporting and oversight.
Team management: 15%
Managing the Properties Shop’s legal team, including but not limited to staff training, upskilling, mentoring and performance of functions & responsibilities, as well as reviewing and amending its standard operating processes / protocols.
Guides and directs staff to achieve operational excellence standards.
Creates a climate for optimal performance and excellence.
Personal Effectiveness –
Accountable for service delivery through own efforts.
Individually accountable for managing own time, tasks and output quality for periods of up to 12 months.
Exceptionally strong negotiation skills, legal drafting skills, written and verbal communication skills, attention to detail, legal specialist in commercial & corporate law.
Collaborates effectively with specialists in other teams in the Properties Shop and Anchorage (e.g. leasing managers, architects, procurement manager, facilities manager, project managers etc) to achieve personal results, and other stakeholders in the OMF and clients of the Property Shop and Anchorage.
Accepts and lives the company values.
Other: Collaboration, team player, inspirational leader, customer first, execution, performance excellence, innovative, leading with influence, personal mastery, strategic, well-developed problem solving skills, great interpersonal and relationship-building skills, proven ability to work well under pressure, resourceful and able to work independently, excellent time management skills, self-disciplined and self-motivated, administrative and numeracy skills, computer literate
Successfully candidate MUST the following minimum requirements:
Admitted attorney / advocate with commercial legal experience.