Head Legal

The Head of Legal is a critical, strategic leadership function located within the Independent Power Producer Office (IPPO). Reporting directly to the Head: IPPO, the successful incumbent will be responsible for leading the legal architecture, contract structures, and regulatory compliance necessary to deliver South Africa’s alternative energy source procurement programmes portfolio.

About the IPP Office (IPPO)

Established in 2010, the IPP Office provides rapid solutions to South Africa’s severe electricity supply constraints by procuring new energy generation capacity from Independent Power Producers (IPPs). Operating as a specialized project office, the IPPO is hosted by the Development Bank of Southern Africa (DBSA) under a Memorandum of Agreement (MoA) between the Department of Electricity and Energy (DEE), National Treasury, and the DBSA.

The IPPO is globally and domestically recognized for its skills and success in delivering on three core mandates:

• IPP Energy Procurement Management
• Monitoring, Evaluation, and Contract Management
• Professional Advisory Services

This executive role has been necessitated to provide robust governance, institutional risk mitigation, and commercial legal frameworks across a massive multi-billion rand portfolio of complex IPP Programmes. The Head of Legal ensures strict statutory compliance and flawless transactional execution for diverse technologies including Renewable Energy, Battery Energy Storage, Gas to Power, and Hybrid energy facilities as well as transmission.

Key Responsibilities

1. Develop and interpret the legal strategy aligned and integrated with the overall IPP Office Strategy.

• Contribute to the development of the overall IPP Office Strategy
• Develop the 5-year Legal Strategy for the IPP Office.
• Formulate broad goals and new ways of addressing legal challenges within the IPPO programmes, in collaboration with all relevant functions and parties.
• Ensure Integration of multi-dimensional functions within the IPP Office.
• Manage the determination of the legal policies and tactical optimisation.
• Translate the IPP Office and legal strategic initiatives into the required functional legal policies, systems and resources.
• Oversee the appointment and management of legal advisor firms.

2.Ensure the execution of the legal strategy to enable the overall IPP Office strategy.

• Establish the annual Legal Strategic Plan (SP) and Legal Annual Performance Plan (APP)
• Interpret and align the legal strategy into overall business plans and budgets to enable achievement of the IPP Office goals
• Present and obtain approval for the IPP Office Legal Unit SP and APP from the Head of the IPP Office.
• Ensure the preparation and approval of the Legal input into the Programme Implementation Guide.
• Provide legal advisory support to the IPP Procurement, Implementation Programmes and interventions as informed by various stakeholder mandates.
• Manage litigation, arbitration, mediation, and dispute resolution processes and coordinate with external legal counsel.
• Project manage legal strategic initiatives in the IPP Office at a high level.
• Plan and manage the recommended resource requirements (people, process and technology).
• Ensure internal legal controls and policies are implemented.
• Manage and implement new high-level legal processes to maturity.
• Consolidate quarterly and monthly legal feedback into relevant reports.

3.Build and maintain strategic partnerships

• Create and leverage relationships with key external and internal stakeholders to enable the success of the strategies.
• Develop partnerships with key IPP’s/transaction advisory firms/regulatory bodies / relevant government organisations and government officials etc. to build sustainable long term legal solutions for the IPP Office programmes and mandates.
• Network to identify appropriate and advantageous contacts with regard to the legal.
• Support the DEE and other stakeholders in respect of the IPP Procurement Programme and Interventions.

4. People enablement.

• Communicate a compelling vision to gain commitment to the overall objectives.
• Model high performance behaviour in line with the leadership principles internally and externally.
• Create the conditions that enable the team to perform (e.g. team spirit, providing the right structure, involving the team in decision making).
• Suggest appropriate development interventions that will be helpful for the future career advancement of subordinates.
• Monitor development progress of individuals and the organisation regularly.
• Coach and develop leaders/successors personally.
• Inspire people and ensure that individuals have the space to contribute fully to the achievement of business objectives.
• Source and manage scarce specialist skills and resources.
• Establish, implement and maintain a program of work.
• Establish and monitor performance standards with direct reports.
• Provide regular feedback regarding staff performance.
• Ensure that staff are trained and fully conversant with the systems and the applications they use.
• Identifying needs for skills and capacity.
• Utilise all resources, optimally, effectively and efficiently.
• Identify and develop talent and grow the IPP Office competence.

Expertise & Technical Competencies

The role requires:

• LLB or equivalent Degree. Post Graduate qualification is advantageous.
• At least 10 - 12 years’ post-qualification (post admission) experience, with specific experience in Infrastructure Public Sector Procurement / Transactional / Large Capital / Commercial project, preferably in Energy.
• Extensive experience in procurement law, infrastructure contracting and regulatory compliance, with a proven track record in managing complex high-value projects and stakeholder engagements within the private and public sector.
• 5-8 years’ experience at Senior Managerial Level

The successfull incumbent must have:

• In-depth understanding of South African energy policies and legislation and the application thereof
• Dual knowledge and understanding of Public and Private Sector interests
• Thorough knowledge and understanding of both the South African Energy and Renewable Energy sectors
• Broad knowledge and understanding of the socio-economic environment in South Africa

• Public procurement legislation and regulations applicable to the IPP Office, including:

oPFMA Act

oPAJA Act

oPPPF Act

oPAIA Act

oNational Energy Regulator Act

oElectricity Regulation Act

oBBBEE Act

oNEM Act

• Knowledge of IPP principles, practices and policies pertinent to the Energy industry generally and more specifically the Electricity supply industry
• Deep understanding of relevant Financial Services legislation and the wider Infrastructure Finance environment
• Deep commitment to the highest overt ethical, legal and moral standards
• Broad-based understanding of Public Private Partnerships within RSA

Required Personal Attributes

The successful incumbent should have a demonstrated history of these skills:

• Exceptional Planning and Organisational Skills
• Advanced Negotiation skills
• Advanced Interpersonal Agility skills
• Strong Leadership skills
• Strong Analytical and Conceptual skills
• Strong Time Management skills
• Strong Communication Skills
• Change Management
• Advanced contract drafting and negotiation.
• Legal risk assessment and mitigation.
• Procurement advisory expertise
• Regulatory interpretation and compliance management.
• Litigation and dispute management.
• Policy development and legal research

as well as these behavioural attributes:

• Ability to Delegate
• Ability to Influence
• Ability to Work Under Pressure
• Ability to Work Independently
• Achievement Orientation
• Adaptability and Versatility
• Analytical Acumen
• Assertiveness
• Attention-to-Detail
• Business Acumen
• Consultative
• Cross-Cultural Sensitivity
• Diplomacy
• Discretion
• Integrity
• Personal Drive
• Solutionist Thinker
• Team Player