Senior Legal Advisor (PSP Programme) (Fixed Term Contract until 13 May 2030)

Job Description

• The Senior Legal Advisor leads legal advisory support across the full PSP Programme lifecycle, including transaction structuring, procurement strategy, contract negotiation, due diligence, governance, regulatory compliance, dispute resolution, and stakeholder engagement. The role further provides strategic legal guidance on complex infrastructure transactions, PPPs, concession agreements, procurement models, blended finance structures, and innovative infrastructure financing mechanisms. The role also ensures alignment with the PFMA, Treasury Regulations, PPP frameworks, SCM legislation and governance requirements.

Key Responsibilities Legal Advisory and Transaction Support

• Provide legal advisory and transaction support across PSP Programme initiatives, infrastructure projects, PPPs, concessions, and strategic partnerships.
• Lead legal structuring, negotiation, and execution support for complex infrastructure and corporate transactions.
• Provide legal leadership on transaction bankability, project structuring, procurement methodologies, and commercial arrangements.
• Draft, review, negotiate, and finalise high-value transaction agreements, concession agreements, implementation agreements, shareholder agreements, funding agreements, and related legal instruments.
• Develop legal frameworks and transaction structures that protect institutional interests and support sustainable infrastructure delivery.

Procurement Governance

• Provide legal oversight and advisory support on Supply Chain Management SCM processes, procurement strategies, tender documentation, bid evaluations, and contract award processes.
• Enforce compliance with PFMA, Treasury Regulations, PPP frameworks, SCM legislation, preferential procurement requirements, and applicable governance standards.
• Advise on procurement risks, deviations, contract management, dispute resolution, and regulatory compliance matters.
• Review and approve procurement-related legal documentation, including RFPs, RFQs, bid conditions, evaluation criteria, SLAs, and framework agreements.
• Support legally compliant procurement and contracting practices across PSP Programme initiatives.
• Develop and maintain SCM legal templates, standard clauses, procurement toolkits, and governance frameworks to strengthen efficiency and mitigate legal risk.

Legal Due Diligence and Contract Management

• Provide expert legal advisory services across all PSP Programme functions and project phases.
• Conduct and oversee legal due diligence processes relating to transactions, partners, suppliers, contractors, and service providers.
• Lead negotiations for complex contracts, commercial agreements, infrastructure partnerships, and institutional arrangements.
• Monitor developments in legislation, infrastructure regulation, procurement law, and governance requirements, and provide proactive legal guidance.
• Support legal risk identification, mitigation, and compliance management across the programme portfolio.
• Oversee document management, legal repositories, version control, and governance records to ensure auditability and compliance.

Governance, Regulatory Compliance, and Risk Management

• Develop and implement governance frameworks, legal policies, compliance standards, and risk management controls for the PSP Programme.
• Prepare and review governance submissions, legal opinions, Board papers, memoranda, and Executive Committee reports.
• Support governance committees and provide legal input into programme oversight and decision-making processes.
• Monitor and report on legal, contractual, procurement, and regulatory risks impacting PSP Programme initiatives.

Dispute Resolution, Investigations, and Litigation Management

• Lead and oversee disputes, litigation, arbitration, procurement challenges, regulatory investigations, and contractual enforcement matters relating to PSP Programme activities.
• Provide legal leadership on forensic investigations, governance reviews, and dispute resolution processes.
• Manage external legal counsel and ensure cost-effective and high-quality legal service delivery.
• Develop escalation protocols and legal response frameworks for high-risk legal and regulatory matters.
• Monitor litigation trends, settlement outcomes, and institutional legal risk exposure.

Stakeholder Engagement and Strategic Partnerships

• Develop and maintain strategic relationships with regulators, National Treasury, government departments, SOEs, development finance institutions, external counsel, and private sector stakeholders.
• Represent the PSP Programme in negotiations, governance forums, procurement committees, and stakeholder engagements.
• Provide strategic legal input into partnership agreements, stakeholder engagements, and institutional collaborations.
• Support the development of legally sound and commercially sustainable partnerships and infrastructure delivery arrangements.
• Promote a solutions-oriented and commercially pragmatic legal advisory approach across the programme.

People Management

• Manage internal and external teams, ensuring effective task allocation, supervision, and quality assurance.
• Lead mentor, and develop a high-performing team, fostering a culture of collaboration, accountability, and continuous learning to maximise individual and collective potential.
• Provide leadership and guidance to the Infrastructure Finance team and multidisciplinary project teams.
• Drive talent development initiatives, including coaching, performance management, and career pathing, to build and retain a skilled and motivated team.
• Identify training needs and support professional development initiatives to ensure staff are equipped to meet evolving demands.
• Drive a culture of innovation and continuous improvement across the agency to support strategic agility.

Key Measurements of Outputs

• Effective implementation of governance decisions through compliant legal structuring, contracting, and execution.
• Timely development, review, implementation, and monitoring of legal frameworks, policies, and governance processes.
• Sound legal structuring and support for PSP programmes, including legal risk identification and governance establishment.
• Proactive management and mitigation of legal, regulatory, contractual, and compliance risks.
• Delivery of legally sound, commercially effective, and value-enhancing agreements and legal advisory services.
• Effective management of litigation, disputes, recoveries, settlements, and regulatory matters.
• Comprehensive legal support for forensic investigations, disciplinary matters, and regulatory reporting.
• Delivery of high-quality legal opinions, reports, submissions, and presentations within agreed timelines.
• Effective management of team performance, development, succession planning, and capacity building.
• Strong legal advisory and stakeholder support across programme and governance activities.

Expertise & Technical Competencies Minimum Qualification

• Bachelor of Laws / LLB Degree.
• Admitted Attorney / Advocate of the High Court of South Africa.

Minimum Experience

• A minimum of 10 years' experience in a legal function specialising in commercial, infrastructure finance or transaction advisory services law.
• A minimum of 3 years' experience in supervising a team, including oversight of legal professionals and external counsel.
• Extensive experience advising on Public Private Partnerships PPPs, infrastructure transactions, and complex commercial agreements.
• Extensive experience in structuring, negotiating, and drafting complex legal and financial transactions, including the development of contract frameworks, precedents, and programme-related documentation.
• Strong exposure to governance processes, legal risk management, and compliance, including application of PFMA, PAIA, POPIA, Treasury Regulations, delegations of authority, and credit or investment policies.
• Experience preparing high-quality legal / governance