ROLE AND RESPONSIBILITIES
Main purpose of the role:
A Legal Counsel is involved in all legal aspects of a renewable project including, but not limited to:
• Development
• Bidding
• Procurement
• Financing
• Constructing
• Operating
• Decommissioning
of wind, solar and battery projects in Southern Africa, both in government procurement and private procurement projects.
Key Responsibilities:
The roles and responsibilities are all encompassing at every level of the project, and will include, but not be limited to:
• Green field development and securing of land rights on both private, communal and state-owned land. Including the drafting and negotiation of option agreements; lease agreements; servitude agreements; way leaves and any other agreement required to ensure that project has rights to develop, construct and operate the project. Together with providing strategic legal advice to the development team from project inception up until financial close. The legal advice provided is inclusive of land claim, land security & legal requirements for procurement for long term lease or servitude.
• Assisting with, from a legal perspective, any environmental matters such as EA appeals and review of permits as required.
• Acquisitions of projects including: providing legal advice to the commercial team; assisting with the due diligence process; the drafting and negotiation of relevant agreements such as: share purchase agreements and joint development agreements, development agreements and repayment agreements together with ensuring that the conditions precedent of such agreement are achieved.
• Assisting the business development team with drafting the investment dossier and legal memos to be provided at group level to obtain authorization and funding for the project.
• Assisting with the successful compiling of, and preparation of bids in both the public and private sphere and advising the bid team on legal and strategic requirements.
• Evaluating, appointing and managing external legal counsel, including both sponsor and lenders legal advisors.
• Leading the financial close of projects, form a legal perspective. This includes drafting (where applicable), reviewing and negotiating the: project documents; corporate documents; suite of finance agreements; security package; construction agreements; supply agreements; land agreements; equity documents; and any other agreements required in relation to the projects. (For example, but not limited to: PPA; IA; Distribution Agreement; Transmission Agreement; Self-Build Agreement; MOI; SHA; Equity agreements; CTA; Facility Agreements; Mortgage Bonds; Special and general notarial bonds; pledges; EPC; O&M; BOP; Turbine Supply Agreements; Engineer Agreements; trust documents etc).
• Managing the condition precedent process during financial close.
• Assisting and advising the procurement and technical leads with the major contractor procurement process, including assisting with the RFP process; analysis of contractor submissions; negotiating, reviewing and drafting major construction agreements.
• Ensuring and implementing proper corporate governance principles applicable to all entities, including the drafting of all required resolutions; corporate documents; and attending and presenting at board meeting when necessary.
• Providing legal assistance and advice during the construction and operation phase of a project. For example, assisting with: claims; dispute resolution; variation requests; amendments to agreements; notices; contract interpretation; contract application; attending construction committee meetings and presenting on legal issues; advising the project CEO and construction managers.
• Liaising with off-takers; government bodies; lenders; contractors; suppliers; land owners; partners; shareholders; directors; BEE entities; suppliers; and all other business units within the company.
• Leading any litigation matters that the company or a project may be involved in.
• Researching, staying abreast and ensuring compliance with any applicable legislation, or changes in legislation, that may impact the company or projects.
• Ensuring that the group’s policies and procedures are complied with, specifically the compliance and ethics policies.
• Providing professional legal advice to the various departments, employees and managers of the company, specifically advising on project risk and organizational risk;
• Provide legal inputs to support the various managers in elaborating strategies; taking decisions, and solving issues.
• Doing legal research and providing legal opinions.
Health and Safety Responsibilities:
• Managers and supervisors carry both legal and company responsibilities for ensuring the health and safety of their employees, those under their control, and those who might be affected by the work undertaken, i.e., public, visitors and employees of other organizations. This includes ensuring risk assessments are conducted and mitigation measures are clearly communicated and understood by individuals. Managers must also ensure that individuals have the necessary understanding, competence, and application of requirements to work safely and without harming the environment.
• Employees are responsible for ensuring they fully understand the health and safety risks involved in their work activities and their responsibility to apply the controls needed to manage those risks to acceptable levels. Similarly, where work activities can have an adverse impact upon the environment, and particularly where there are legal requirements, employees are responsible for understanding those impacts and the controls they must ensure are applied
REPORTING RELATIONSHIPS
The position reports directly into:
• Head of Legal
The position reports functionally into (if applicable):
• Project director during the financial close phase of the project.
• Project CEOs during the construction phase.
• Asset manager during operation phase.
QUALIFICATIONS AND CERTIFICATES
Must-have Qualifications and Certifications:
• Qualified and admitted attorney specializing in project development, project construction and/or project finance in the renewable energy and infrastructure sector.
Preferred Qualifications and Certifications:
• LLB
• Admitted Attorney
RELEVANT EXPERIENCE
Must have years of professional experiences:
• At least 4 years professional experience as a qualified attorney.
• At least 2 years in a Law Firm and with exposure to Renewable Energy, Project Finance or Infrastructure Projects.
COMPETENCIES
Behavioural competencies:
• Attention to detail
• Organized
• Self-motivated
• Can work independently
• Communicates professionally and clearly, both in writing and verbally
• Can work well with others
• Can set boundaries
• Can be persuasive
• Solutions orientated
• Not easily intimidated
• Maintain a high level of confidentiality and professional demeanour.
Leadership competencies, if applicable:
• Willing and eager to train and upskill other members of the legal team.
• Assisting new and junior members of the legal team with onboarding and getting up to speed on new topics
