Reporting to: NCOP Manager
Purpose:
To maintain the smooth processing of Parliamentary (NCOP) matters in the province. To maintain a link between the Organization, the NCOP and the Local Government sphere as well as Institutions Supporting Democracy; to provide General Legal advice to the Legislature, the Speaker, MPL’s and the Provincial Secretary relating to introduced Bills and legislation, the drafting of bills, amendments and interpretation thereof; To provide Procedural legal Advice; that is Ensure that all Standing Rules are in accordance with the Constitution and other relevant legislation; To provide support in respect to the Programme of the legislature, by ensuring that the programme responds to the National programme and Liaise with the Office of the Speaker and Leader of the House regarding the programme.
Qualifications/ Experience Required:
• B Proc/ LLB (M+4 legal qualification)
• 3 years experience in Constitutional Law, Administrative Law, Procedural and legislative drafting.
• Experience in a parliamentary environment and legislative compliance would be an advantage
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Required Competencies:
• Analytical Thinking: the ability to gather and analyze data and different sources of information; identify key issues, trends and relationships. Provide alternative solutions to challenges.
• Managerial skills (day to day activities): develop goal achievement and co-operation through guidance on objectives and utilization of available resources; manage people effectively using constructive interventions when needed. Undertake a broader view of issues.
• Organizational ability: allocate human, financial and other resources such as time and equipment according to goals and objectives, evaluating progress against plan and adapting resources to changing situations
• Flexibility: Demonstrate willingness to embrace change; ability to adopt new ideas, approaches and insights.
• Goal Orientation: Undertake goals with enthusiasm and focuses on the achievement of personal and organizational goals and participate in the strategic leadership of the ORGANIZATION
• Proactive: the inclination and nature to take responsibility and action, without having to be told, to respond to the situation, having considered the long term implications
• Teamwork co-operation: the ability to identify with team purpose, goals and objectives. Encourages harmony and co-orperation within a team
• Customer Service Excellence (internal external): demonstrating awareness and commitment to identifying customer expectations and strives towards consistently exceed them.
• Assertiveness: assert his/ her authority in a decisive, influential manner in order to produce customer-orientated outputs without arousing hostility or aggression
• Coping with pressure: Maintains composure and focuses on achieving objectives in a high-pressure environment.
Knowledge and Skills
• Computer literate in the use of the Organization’s chosen word package as well as the software used for information gathering and internal communication
• The ability to consistently interpret statutes. Communicate important legal considerations to all stakeholders
• The Ability to write a legal opinion.
• In depth understanding of parliamentary procedures and the Standing Rules of the House.
• Knowledge and understanding of all the Acts that relate to the running of the Legislature, which inter-alia, includes the following: –
• Constitution of the RSA;
• Privileges and Immunities Act;
• Remuneration of Public Office Bearer’s Act;
• ORGANIZATION Services Act;
• Public Financial Management Act;
• Promotion of Access to Information Act;
• Promotion of Administrative Justice Act;
• ORGANIZATION Petitions Act;
• ORGANIZATION Political Party Funding Act; and
• Labour Legislation
KEY PERFORMANCE AREAS
KPA 1: Financial Management
• Participate and Contribute to the development of the strategic Plan of the stream and business plan of the unit
• Implement budget according to Unit business plans particularly on projects managed
• Compile expenditure reports in line with applicable Delegations of Authority as per the PFMA/FAMLA
• Development of annual, quarterly and monthly individual reports on implementation of business plans
KPA 2: Legal and Procedural Advise-Law Making
• Provide Legal advice to the Speaker and Presiding Officers on legislation in terms of Parliamentary programme-to ensure that provincial interests are taken into account when NCOP bills are considered at Parliament as well as on provincial input for appropriate tagging on national bills
• Provide legal and procedural advise to Committee Chairpersons on impact of national legislation on the relevant portfolio’s in the province during Parliamentary briefings
• Analyse and simplify bill content for purposes of assisting the Public Participation Team in the pre-public hearing meetings and Public Hearings
• Monitor and evaluate compliance with Constitution and Standing Rules with respect to the ORGANIZATION Oversight Mandate and effective Public Participation
• Provide legal and procedural support and advise to Committee and relevant ORGANIZATION units during Public Hearings on legislation to ensure that matters with legal implications are properly attended to
• Convene the task team together with the relevant GCC to outline procedure in dealing with the bill, timelines and for confirming roles and responsibilities in consideration and processing of national bills
• Research and draft legal opinions on bills for presenting at Committee meetings
• Review bills and amendments thereof to confirm their legality, determine the effect of amendments or bills on other applicable legislation and to ensure conformity to Constitutional Principles
• Draft recommendations for amendments on Bills to Committees on National and Provincial legislation
• Provide qualitative legal and procedural advise to Committees and Presiding Officers
• Draft legislative proposals and draft bills in line with ORGANIZATION mandate
• Draft ORGANIZATION Mandates to the NCOP as adopted and resolved on by Committees and the House.
KPA 2: Oversight and Scrutiny
• Provide Legal and Procedural Advise to designated cluster of Committees on Conducting Oversight on the Implementation of Legislation passed by the ORGANIZATION by the Executive
• Scrutinize Subordinate legislation i.e. Regulations, Notices and Proclamations by Members of the Executive Council-MEC’s and Ministers to advise on the impact on the province
• Provide legal and Procedural Advise on Petitions received by the ORGANIZATION in line with the Constitution and the Petitions Act to ensure that the needs of the people of Gauteng are addressed
• Legal Opinions and Analysis to Cluster of Committees on matters arising from Oversight on the Executive
• Provide Legal and Procedural Support and advice on the Implementation of the Committee Inquiries Act and the roll-out and Conducting of the Inquiries process by Committees
• Project manage as designated by Unit Manager on annual basis the Provincial Oversight Week and Taking Parliament to the People Programmes to ensure that provincial matters that require National Intervention and Competence are taken to the National Agenda through the NCOP.
KPA 2: Enhancing Co-operative Governance
• Provide legal and procedural support and advise on appropriate mechanisms to ensure collaboration and enhanced co-ordination with the other spheres of government
• Provide legal and procedural advise to the Speaker and Presiding Officers in relation to programmes of the Gauteng Speaker’s forum
• Draft legal and procedural opinions and analysis on Co-operative Governance initiatives and programmes for the unit
• Provide technical-legal and procedural support to Office Bearers, Presiding Officers and MPL’s in support of the co-operative governance programmes and projects i.e. Petitions Seminars, Public Accounts and SCOPA initiatives
KPA 6: Legislative Compliance
• Advise on compliance requirements to Presiding Officers, Committee Chairpersons and relevant stakeholders
• Compile a Monitoring and Evaluation Report of legislative compliance levels and status within ORGANIZATION
• Compile Implementation Report on compliance with applicable legislation
• Updated Legislative Compliance Registers
• Status Reports on legislative compliance within ORGANIZATION
KPA7: Stakeholder Relations
? Assist with the interaction with various Legal Societies and Fraternities, as well as other Legislatures and the State Law Advisor on a regular basis to develop a body of Legal Knowledge and referral resources necessary for the efficient and effective functioning of the Legislature.