DALRRD Vacancies — Restitution Advisor

Department of Agriculture, Land Reform and Rural Development

RESTITUTION ADVISOR REF NO: 3/2/1/2022/654 
Directorate: Legal Support
SALARY : R477 090 per annum (Level 10)
CENTRE : Limpopo (Polokwane)

REQUIREMENTS : Applicants must be in possession of a Grade 12 Certificate and an appropriate LLB or B Proc Degree. Minimum of 4 years extensive post-qualification legal professional and advisory experience. Admission as an Attorney or Advocate. Post qualification experience in court litigation. Experience in conveyance and vetting documents. Job related knowledge: Knowledge of Restitution of Land Rights Act, 22 of 1994, Law and other relevant Acts and Legislative prescripts. Specialised knowledge of Constitutional Law. Law of Contracts. Knowledge of South African Law, in particular Land Reform laws. Post qualification experience in court litigation. Knowledge of conveyance and vetting of documents. Job related skills: Proven supervisory and management skills, Ability to draft legal opinions and contracts, Negotiation skills, research and very good writing skills. Ability to think independently, analytically and innovatively. Good problem-solving skills. Mediation and conflict resolution skills. Computer literacy. Skills in court litigation. Communication skills (verbal and written). A valid driver’s licence. Preparedness to travel and work irregular hours under tremendous pressure.

DUTIES : Check legal compliance. Check research report e.g Rule 3 and Rule 5. Check Section 42D. Check Gazette report. Attend to negotiations with farmer / landowner. Prepare response to the representation for the farmer / landowner. Prepare response to the representation for the farmer / landowner. Check Section 42E expropriation. Check claimant verification. Check Communal Property Association 1 (CPA) to CPA 8 / Trust constitution. Liaise with landowner. Check financial compensation funds. Prepare settlement agreements. Check CPA constitution. Provide litigation support in the Restitution Branch. Draft referrals. Issue notice of instruction to appoint State Attorney. Facilitate the process of legal representation. Exchange of court document (Pleadings). Attend courts. Attend Pre-trials. Serve referrals on interested parties. File the notice of referrals. Facilitate the implementation of court orders. Attend consultations with State Attorney and Advocates. Draft legal documents. Draft legal documents (deed of sale). Draft settlement agreement. Draft lease agreement. Draft caretaker ship agreement. Draft CPA constitution. Facilitate adoption of CPA constitution. Facilitate the elections of the CPA. Draft legal opinion and documents. Transfer private or state land. Prepare financial compensation submission. Facilitate the registration of transfers. Sign agreements for both parties. Facilitate transfer of payments. Issue instruction of conveyers. Monitor the transfers on a weekly basis and inspection. Issue instruction to State Attorney for transfer and pay the balance. Issue instruction to State Attorney inclusive of Section 42D. Request clearance rates from Municipality. Prepare memorandums for payment of rates. Acquire proof of payment of rates. Obtain certificates from Municipality. Monitor the transfer process until the end and inform the claimants.

ENQUIRIES : Mr M Shai at 082 947 8491
APPLICATIONS : Applications can be submitted by post to: Private Bag X9312, Polokwane, 0700 or hand delivered during office hours to: 61 Biccard Street, Koos Smit Building, Polokwane, 0700.

NOTE : African, Coloured, Indian and White Males and Coloured, Indian and White Females and Persons with disabilities are encouraged to apply.

CLOSING DATE : 25 November 2022 at 16:00

NOTE : The application must include only completed and signed new Z83 Form, obtainable from any Public Service Department or on the DPSA web site link: https://www.dpsa.gov.za/newsroom/psvc/ and a detailed Curriculum Vitae. Certified copies of Identity Document, Grade 12 Certificate and the highest required qualifications as well as a driver’s licence where necessary, will only be submitted by shortlisted candidates to Human Resources on or before the day of the interview date. Failure to do so will result in your application being disqualified. Foreign qualifications must be accompanied by an evaluation report issued by SAQA. It is the applicant’s responsibility to have all foreign qualifications evaluated by SAQA and to provide proof of such evaluation report (only when shortlisted). The requirements for appointment at SMS level include the successful completion of the Senior Management Pre-entry Programme as endorsed by the NSG. Prior to appointment, a candidate would be required to complete the Nyukela Programme: Pre-entry Certificate to Senior Management Services as endorsed by DPSA which is an online course, endorsed by the National School of Government (NSG). The course is available at the NSG under the name Certificate for entry into the SMS and the full details can be sourced by the following link: https://www.thensg.gov.za/training-course/sms-pre-entry-programme/. No appointment will take place without the successful completion of the pre-entry certificate and submission of proof thereof. All shortlisted candidates will be subjected to a technical exercise that intends to test relevant technical elements of the job, the logistics of which will be communicated by the Department. Following the interview and technical exercise, the selection panel will recommend candidates to attend a generic managerial competency assessment in compliance with the Department of Public Service and Administration (DPSA) Directive on the Implementation of Competency Based Assessments. The competency assessment will be testing generic managerial competencies using the mandated DPSA SMS competency assessment tools. Applications: Please ensure that you submit your application before the closing date as no late applications will be considered. If you apply for more than 1 post, please submit separate applications for each post that you apply for. Due to the large number of applications we envisage to receive, applications will not be acknowledged. Should you not be contacted within 3 months of the closing date of the advertisement, please consider your application to be unsuccessful. Should, during any stage of the recruitment process, a moratorium be placed on the filling of posts or the Department is affected by any process such as, but not limited to, restructuring or reorganisation of posts, the Department reserves the right to cancel the recruitment process and re-advertise the post at any time in the future. Important: DALRRD is an equal opportunity and affirmative action employer. It is our intention to promote representivity in DALRRD through the filling of posts. The Department reserves the right not to fill a position. Shortlisted candidates will be required to be available for assessments and interviews at a date and time as determined by the Department. All shortlisted candidates will be subjected to personnel suitability checks. The successful candidate will be subjected to undergo security vetting. DALRRD will conduct reference checks which may include social media profiles of the shortlisted candidates. Applicants must declare any pending criminal, disciplinary or any other allegations or investigations against them. Should this be uncovered during / after the interview took place, the application will not be considered and in the unlikely event that the person has been appointed such appointment will be terminated. The successful candidate will be appointed subject to positive results of the security clearance process. The successful candidate will be required to enter into an employment contract and sign a performance agreement with the Department. All applicants are required to declare any conflict or perceived conflict of interest, to disclose memberships of Boards and directorships that they may be associated with.