South Africa

Legal Counsel

Company Payments Association of South Africa
Reference # PASA-REC-2021-04
Published 09/07/2021
Contract Type Permanent
Salary Market Related
Location Parktown, Gauteng, South Africa
The Payments Association of South Africa (PASA) is a payment system management body recognised by the SARB under the provisions of the NPS Act. Whilst PASA’s mandate is derived from the NPS Act, PASA is a self-regulatory body and its governance structure is managed by PASA Council, the highest governing body in PASA representing the participants in the national payment system of South Africa.

As such, PASA is mandated to develop rules, criteria and governance structures as may be required to carry out its function. Through a strong legal foundation, PASA manages its members’ specific payment activities through legal constructs such as payment clearing house (PCH) agreements, PCH clearing rules and service level agreements. Other important legal constructs are the PASA Constitution (providing foundation for good governance), policies and position papers.
Job Functions Advisory,Legal
Industries Banking / Finance & Investment,Financial Services,Legal,Regulatory

Under the administrative direction of the Chief Legal Officer, represent and advise PASA, PASA Council and PASA ExO in all legal matters pertaining to the daily operations of PASA.
To establish and facilitate key relationships with interested parties, participants, and stakeholders both on a local and international level, to receive and provide guidance/input on the legal and governance foundation of the Payments Association of South Africa (PASA), PASA Constitution, PASA Policies and Agreements and other.
To use specialised legal knowledge to develop, maintain and review legal documentation that governs compliance and support to PASA.

Core Accountability 1.
•Represent and advise PASA staff on general legal matters. Serve as legal counsel to PASA; advises Staff in legal matters pertaining to their offices and meeting their fiduciary responsibilities
•Researches, prepares, and presents legal opinions pertaining to general legal matters, including commercial, data and competition matters
•Ensures that activities of PASA are legally supportable and in accordance with the governing rules and regulations
•Assists in the representation of PASA in litigation, dispute hearings and other legal matters; consults with counsel, as appropriate, on matters related to PASA
•Regularly engage and facilitate strategic dialogue to ensure legislative compliance of the preferred strategic direction by PASA and the South African Reserve Bank affecting key stakeholders

Core Accountability 2.
Form and engage in meaningful relationships with key stakeholders to provide legal and governance guidance on risk reduction and improvement measures in PASA
•Establish and maintain legal forums/mechanisms to allow for meaningful engagement with key stakeholders such as the South African Reserve Bank, PASA members and other Stakeholders etc.
•Advise PASA and relevant stakeholders on legal technical matters relating to the drafting and finalisation of legislation governing or related to the South African law
•Develop legal education programs informed by thought leadership and best practice and facilitate road show sessions with key stakeholders to provide guidance on key legislation

Core Accountability 3.
Use legal knowledge to draft, review and implement legal documentation that governs the compliance and support to the expanding role and mandate of PASA
•General legal drafting (e.g. service agreements, confidentiality agreements etc.)

Core Accountability 4.
Support to the Chief Legal Officer to regularly report on the Regulatory compliance of PASA to Chief Executive Officer
•Ensure PASA overall complies with relevant legal and statutory requirements
•Prepare and frequently report on compliance matters, where necessary
Education and Experience Required:
•5-8 years hands on experience in commercial and litigation matters
•A formal applicable post tertiary qualification – LLB degree or similar recognised law degree. Master’s degree is recommended
•Admitted attorney, advocate.

Knowledge & Skills:
•Conduct research into wide range of commercial, payments and banking law matters
•Negotiate, draft, review and vet various commercial and corporate agreements
•Manage litigation matters
•Have a good working understanding of the Companies Act, Competition Act, POPIA, and practice and procedure in High and Magistrate courts.
•Legislation and compliance knowledge related to Payment Systems i.e. NPS Act, POPI Act, SARB Act, FSRA will be beneficial.
•Coordination and management skills
•Financial Management skills and knowledge will be beneficial
•Excellent verbal and written communication skills (including report writing and presentations)
•Analytical and Problem-solving skills
•Leadership and Influencing skills
•Relationship building and networking
Job Closing Date 23/07/2021
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