Senior Legal Counsel - Business Banking

Empowering Africa’s tomorrow, together…one story at a time.

Job Summary

To provide high-quality, commercially focused legal advice and support to the Business Support and Restructure, Recovery and related business areas in Africa, with a primary focus on the identification, management and mitigation of legal risk. The role supports the Bank in respect of distressed and high-risk exposures, recoveries, restructuring, business rescue, insolvency, litigation-related matters, transaction documentation, security and product-related advice. The incumbent will contribute to the development of the Legal Function through clear, practical advice, sound risk judgement, effective stakeholder engagement and participation in relevant legal, regulatory and business initiatives.

Job Description

Accountability: Management of legal risk

• Manage the Bank’s legal and regulatory position effectively in matters involving disputes, restructuring, recoveries, insolvency, regulatory issues or material legal risk, while safeguarding Absa’s reputation.
• Identify, assess and articulate legal risks arising from proposed transactions, projects, restructures, recovery strategies and business activities, and recommend practical mitigation steps.
• Promote awareness of Legal Key Risk policies, standards and controls, and escalate or report breaches and risk events in accordance with applicable requirements.
• Ensure that legal advice, decisions and key transaction records are clear, accessible and capable of evidencing appropriate legal risk management.
• Develop and maintain effective legal risk and control practices for the Business Support and Restructure environment, including alignment with relevant regulatory and statutory requirements.
• Provide specialist legal support to Business Support, Restructure, Recovery and Litigation teams across a range of products, accounts and enforcement or recovery scenarios.

Negotiation, drafting and transactional support

• Structure, negotiate, draft and review agreements, security documents, settlement arrangements, restructuring documentation and other legal instruments required by the business.
• Advise on the legality, enforceability and commercial implications of agreements, transaction structures, security arrangements and proposed courses of action.
• Conduct legal due diligence where required, including in relation to counterparties, security, enforceability, insolvency or business rescue implications, and recovery options.
• Ensure that material legal risks are appropriately addressed in contractual documentation and that drafting is clear, robust and aligned to the Bank’s risk appetite.
• Provide legal advice on security, cessions, guarantees, suretyships, notarial bonds, mortgage bonds and perfection or enforcement strategies, as relevant to the matter.
• Contribute to best-practice guidance, template development and working structures for business use where recurring legal issues or process improvements are identified.

Stakeholder management and advisory support

• Build and maintain constructive relationships with internal stakeholders through regular engagement, responsive advice and a clear understanding of business priorities.
• Provide legal and commercial solutions that are practical, concise and capable of implementation within the Bank’s governance, risk and regulatory framework.
• Provide specialist assistance to country legal teams in the Absa Africa region, where required, including in respect of restructuring, insolvency, recoveries and legal risk matters.
• Manage external legal counsel effectively where specialist advice, litigation support or jurisdiction-specific input is required.
• Communicate complex legal concepts in a clear, concise and business-oriented manner for non-legal stakeholders.
• Evaluate, manage and prioritise multiple instructions in accordance with business need, legal risk, urgency and stakeholder impact.

Reporting, governance and knowledge management

• Maintain matter lists, work-in-progress registers and records of instructions, advice and key outcomes, as required.
• Prepare reports and updates to support assessment of the legal risk control framework and to inform management decision-making.
• Attend to ad hoc reporting requirements requested by the Legal Head or Team Leader, including reporting for Absa governance forums or LEXCO where applicable.
• Participate in relevant training, knowledge-sharing and continuing professional development to maintain legal expertise and commercial awareness.

Professional / technical experience

• Senior lawyer with ideally 5+ years’ post-qualification experience.
• Experience in a highly regulated, fast-paced environment with competing demands and significant stakeholder expectations.
• Essential experience in insolvency law and restructuring, including informal restructures and formal business rescue proceedings under Chapter 6 of the Companies Act.
• Preferred experience in litigation, debt recovery, liquidations and enforcement of security.
• In-house legal experience would be advantageous, particularly in a banking or financial services environment.

Academic and professional qualifications

• BCom Law and LLB; BA Law and LLB; B Juris and LLB; B Proc; or LLB.
• Attorney qualified to practice in South Africa or a comparable jurisdiction.

Personal attributes and behavioral competencies

• Strong interpersonal, communication, negotiation and influencing skills.
• Well organised, efficient and able to manage a large and fluid workload with sound prioritisation.
• Excellent attention to detail, accuracy and quality of delivery under pressure and at pace.
• High levels of integrity, reliability, discretion and professional judgement.
• Commercial awareness, strong risk judgement and ability to take a pragmatic view within legal and regulatory constraints.
• Collaborative team player who can also operate independently on complex matters.

Education

Bachelor Honours Degree: Law (Required)

Absa Bank Limited is an equal opportunity, affirmative action employer. In compliance with the Employment Equity Act 55 of 1998, preference will be given to suitable candidates from designated groups whose appointments will contribute towards achievement of equitable demographic representation of our workforce profile and add to the diversity of the Bank.

Absa Bank Limited reserves the right not to make an appointment to the post as advertised