Adv Samkelo Sibiya (PD) SA
Legal Manager & Board Secretariat
Johannesburg
Summary
The candidate is devoted heavily in learning everyday about the legal fraternity at large from colleagues and making a huge impact. This candidate is trustworthy, reliable and greatly dedicated at his work, thus, it is believed with no doubt that such a candidate is the right candidate for the vacancy at offer.
Legal professional with in-depth expertise in managing legal operations, focusing on risk management and contractual agreements. Adept at collaborating with cross-functional teams to achieve organizational objectives and deliver consistent results. Renowned for adaptability in dynamic environments and fostering culture of compliance and efficiency.
Overview
6
6
years of professional experience
2014
2014
years of post-secondary education
Work History
Legal Manager & Board Secretariat
FP&M SETA
11.2023 - Current
- Company Overview: Fibre Processing and Manufacturing Sector Education and Training Authority
- Divisions: Governance, Legal, Risk, Compliance and Company Secretariat
- Reporting to the Chief Executive Officer - CEO
- Leadership role Provide leadership and ensure efficient and effective management of staff and resources within the division
- Legal risk Review and provide legal advice on tender documents
- Review ongoing cases and advise management accordingly
- Liaise with relevant departments to ensure that where legal/organizational risks have been identified; appropriate courses of action have been taken
- Provide legal protection and risk management advice to management especially on contract management
- Provide and interpret legal information, conduct training, and disseminate appropriate legal requirements of staff
- Policy development Review and advise management on legal implications of internal policies and procedures
- Review and draft contracts, agreements and internal policies and ensure that they are in compliance with all statutory or legal requirements
- Develop legal related policies Litigation management Review progress of outstanding litigation and liaise with and manage external legal advisors
- Manage litigation processes as and when they arise Manage all other legal matters Risk & Audits Compile a consolidated risk register with mitigating plans
- Liaise with Auditors and manage audit process, while ensuring that all recommendations from Auditors are adequately addressed
- Follow-up on all organizational risks and that mitigation plan are in place
- Liaise with relevant manager to ensure completion of report and logged in audit program
- Liaise with relevant managers to acquire audit reports from divisions
- Target and address high/extreme risk activities
- Lead and manage Risk Committee & the entire organizational risks Regulatory compliance Formulate compliance checklist to be used for the purpose of ensuring that all information required is provided accordingly
- Continuously monitor compliance with statutory obligations and advise management accordingly
- Ensure compliance to corporate governance principles
- Prepare monthly and quarterly reports for the division for executive management and Board meetings
- Contract management Review all contractors or any other documentation where the company has committed itself and assess legal implications that need to be brought to the executive management's attention
- Prepare, review, and modify contractual instruments to assist and support various business activities
- Negotiate, review and draft documentation for business transactions and prepare and advise on the necessary checklist to be adopted to ensure information is submitted on time
- Governance Management & Administrative duties Provide continuous leadership, supervision, training, and development of divisional staff ensuring an effective and motivated team
- Provide secretarial and administrative services to the CEO and the Board Staff and Board minutes
- Coordinate all meeting packs for all structures (Board, EXCO & other advisory committee meetings) as and when required
- Other general legal and admin duties as required
- Liaise with the HR division in conducting performance appraisals and ensure competency and training gaps are addressed
- Provide secretarial support to the SETA
- Fibre Processing and Manufacturing Sector Education and Training Authority
Associate Company Secretary Level 3
Apex Funds Holdings (Pty) Ltd
03.2023 - 10.2023
- Drafting Statutory documents and or Forms as per Irish's laws (e.g., B10s, B10As)
- Liaising with other jurisdictions in respect of new developments
- Drafting Minutes
- Reviewing Minutes
- Using different systems like GEMS, CORE, S4L to support the Ireland jurisdiction in respect of their company secretarial/corporate service request
- Drafting Registers
- Ad hoc presentations to team members
- Handling compliances and documentation under the applicable anti-money laundering regulations
- Handling compliance relating to Board Meetings of overseas client companies as per applicable jurisdiction (Ireland) including scheduling of meetings, preparing agenda and compiling board packs and circulation of the same to directors for signing
- Handling compliances relating to annual meetings of overseas client companies
- Attend Board Meetings and make notes for drafting board resolutions and minutes within applicable internal timelines and getting the same approved and signed by directors / Chairman
- Updating / renewing all regulatory documents of the client companies including statutory registers, returns, registrations, licenses, certificates, insurance, etc
- And filling up applications, forms and uploading / downloading of documents required for the same
- Assisting the team in providing required documents for various purposes including banking and taxation requirements
- Assisting in audits including internal audits and risk assessments and reviews
- Maintaining and updating trackers as maintained by clients or internally and ensuring data integrity and confidentiality of internal and client information
- Drafting and vetting of agreements, contracts and documents
- Preparation of SOPs and training material for understanding and benefit of the team members
- To provide administrative and regulatory support to Client Services Team as well as COSEC team as and when required
Company Secretary and Legal Specialist and Deputy Information Officer
Borwa Financial Services (Pty) Ltd
07.2021 - 02.2023
- Reporting to the Executive Director of Governance, Risk and Compliance (GRC Dept.)
- Same Company Secretariat duties with Borwa Financial Services
- Same Legal Specialist duties
- Drafting the POPI project plan
- Managing the POPI project plan
- Drafting the POPI and PAIA manual in terms of the relevant Acts
- Manage the POPI compliance training
- Assist the Information Officer and/or execute Deputy Information Officer functions and or duties in terms of the relevant Act
- Held the GRC department by myself after the resignation of the Executive of GRC
- Preparing GRC Board Reports for all Boards (e.g., for the Shareholder)
- Presenting to the Board members
- Preparing Sub-Committee Reports
- Preparing departmental Reports
- Discussing departmental Strategies with the MD
Company Secretary and Legal Specialist
Borwa Financial Services (Pty) Ltd
01.2021 - 06.2021
- Reporting to the Acting Managing Director (AMD)
- Same Company Secretariat duties with Borwa Financial Services
- Drafting company policies for the Benefit Administrator and the Fund (HGPF)
- Reviewal of company policies
- Drafting company notices
- Furnishing legal advice
- Drafting legal agreements / contracts (for Borwa Financial Services, for the Hospitality and General Provident Fund, for participating employers, for members of the Fund and for all other relevant stakeholders)
- Terminating agreements / contracts with Service providers
- Manage the bidding process of tenders with Service providers for the Fund (procurement process)
Company Secretary
Borwa Financial Services (Pty) Ltd
08.2020 - 12.2020
- Reporting to the Managing Director (MD) and the Principal Executive Officer (PEO /PO) of the Fund
- Company Secretary for the benefit administrator (Borwa Financial Services)
- Drafting Board and Sub-Committee Minutes
- Drafting Board and Sub-Committee Agenda
- Preparing the Board pack and circulating it to the Board members
- Advising the Directors of the company collectively and individually on areas of law
- Legal research
- Statutory Compliance with the Authority (FSCA)
- Drafting extension letters (e.g., for late submission of Annual Financial Statements_ AFS)
- Interpretation of legislation(s) or relevant statute(s)
- Registering Directors on the CIPC
- Liaising with external Compliance Officer
- Drafting Board Resolutions and ensure that they are approved, signed and communicated with the relevant Departments or Departmental Heads (HODs) for execution
- Performing Section 88 of the Companies Act 71 of 2008 duties
Practicing Advocate
Mpumalanga Society of Advocates
01.2020 - 07.2020
- Drafting legal documents
- Legal research
- Court appearance
- Consultation with clients and attorneys
- Exco Committee member at the MP Bar for the appointment of High Court Judges and drafting recommendations to the JSC (Judicial Service Commission)
Pupil Advocate
Mpumalanga Society of Advocates
01.2019 - 12.2019
- Assisting my mentor (practicing advocate) with court preparations
- Assisting my mentor with legal research
- Assisting my mentor with drafting of legal documents
Education
Matric -
Mbambiso Secondary School
Bachelor of Laws - LLB - undefined
University of Limpopo (UL - Turfloop Campus)
Pupillage (National Bar Exams) - undefined
General Council of the Bar of South Africa
Pension Funds Law - undefined
University of South Africa (UNISA)
Compliance Management (with distinction) - undefined
University of Cape Town (UCT)
Engineering and Construction Contracts - undefined
Law Society of South Africa (LSSA/LEAD)
Chartered Company Secretary - undefined
Chartered Governance Institute of Southern Africa
Introduction to ESG - undefined
Corporate Finance Institute
Finance for Non - Finance Managers - undefined
MANCOSA
Professional Director Programme - undefined
Directors Association
Business Risk Management - undefined
University of Cape Town (UCT)
Skills
- Corporate Governance
- Risk Management
- Compliance Management
- Regulatory Compliance
- Legal and Board Advisory
Affiliations
- Member of the General Council of the Bar of South Africa
- Member of the Pension Lawyers Association of South Africa
- Former Member of the Mpumalanga Society of Advocates
- Black Management Forum Member
- Directors Association Member
- Regulated by the Legal Practice Council of South Africa
Admission Details
2018, Advocate of the High Court of S.A, Pretoria High Court
Timeline
Legal Manager & Board Secretariat
FP&M SETA
11.2023 - Current
Associate Company Secretary Level 3
Apex Funds Holdings (Pty) Ltd
03.2023 - 10.2023
Company Secretary and Legal Specialist and Deputy Information Officer
Borwa Financial Services (Pty) Ltd
07.2021 - 02.2023
Company Secretary and Legal Specialist
Borwa Financial Services (Pty) Ltd
01.2021 - 06.2021
Company Secretary
Borwa Financial Services (Pty) Ltd
08.2020 - 12.2020
Practicing Advocate
Mpumalanga Society of Advocates
01.2020 - 07.2020
Pupil Advocate
Mpumalanga Society of Advocates
01.2019 - 12.2019
Bachelor of Laws - LLB - undefined
University of Limpopo (UL - Turfloop Campus)
Pupillage (National Bar Exams) - undefined
General Council of the Bar of South Africa
Pension Funds Law - undefined
University of South Africa (UNISA)
Compliance Management (with distinction) - undefined
University of Cape Town (UCT)
Engineering and Construction Contracts - undefined
Law Society of South Africa (LSSA/LEAD)
Chartered Company Secretary - undefined
Chartered Governance Institute of Southern Africa
Introduction to ESG - undefined
Corporate Finance Institute
Finance for Non - Finance Managers - undefined
MANCOSA
Professional Director Programme - undefined
Directors Association
Business Risk Management - undefined
University of Cape Town (UCT)
Matric -
Mbambiso Secondary School
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