REQUEST FOR QUOTATION (RFQ) · REQUEST FOR QUOTATION (RFQ) Page 3 of 10 Company i.e. Proprietor...

METROBUS REQUEST FOR QUOTATION (RFQ)

of 10 Company i.e. Proprietor /Close Corporation/ Partnership/ Sole Proprietor

RFQ Number COP 001/2020

Description: RECRUITMENT; SELECTION AND PLACEMENT PROCESSES FOR THREE (03) EXECUTIVES POSITIONS

Date of advertisement: 25/05/2020

Closing date: 01/06/ 2020

Closing time: 10H00

Compulsory briefing meeting date (if applicable) None

Quotations must be deposited in bid box at: Transportation House 1 Raikes road Braamfontein, 2001

Bid Box at Main Entrance or Email: [email protected] or [email protected]

Procurement Enquiries Yugash Padiachey: [email protected] Tel. 011 403 4300 ext 254

Technical Enquiries Bongani Yika: [email protected] Tel. 011 403 4300

NAME of Company i.e. Proprietor/ Close Corporation/ Partnership/ Sole Proprietor

Registration Number

Metrobus Vendor Registration Number (if already have)

National Treasury Central Supplier Database number: (Compulsory)

Company i.e. Proprietor/ Close Corporation/ Partnership/ Sole Proprietor Street Address

Postal Code __________

Contact Details of the Person Representing the Company i.e. Proprietor /Close Corporation/ Partnership/ Sole Proprietor Registration Number

Name: _______________________________________________ Telephone: ___________________________________________ Cell phone: ___________________________________________ E-mail address: ________________________________________

Income Tax Number

VAT Reference Number (if applicable)

mailto:[email protected]






PRICING SCHEDULE – FIRM PRICES Bidder’s Name: _________________________________________________________________________________

Metrobus is not bound to accept the lowest or any quotation and reserves the right to accept the whole or any part of a quotation and to award the bid to more than one bidder.

Offers to be valid for 60 days from the closing date of bid and no second-hand/refurbished materials/parts may be used in the final goods to be delivered by the bidder.

Only firm prices will be accepted. Non-firm prices (including prices subject to rates of exchange variations) will not be considered in cases where different delivery points influence the pricing; a separate pricing schedule must be submitted for each delivery point.

Do you intend to subcontract more than 25% of the work? (Tick applicable box)

If the answer is YES, indicate the name of the subcontractor ____________________________________, the percentage to be sub-contracted ________% and attach the BBBEE certificate of the subcontractor.

The quotation will be evaluated on 80/20 preference point system in line with PPPFA Regulations, 2017.

A bidder must submit proof of its B-BBEE status level of contributor to be awarded preference points, attach original or certified certificate (not older than 3 months) or sworn affidavit.

For quotations above R30 000, the bidder should submit the municipal account for the company and all directors or lease agreement or an affidavit if they do not own or lease a property.

B-BBEE Status Level of Contribution ________ (preference points, maximum 20) __________

Other than completing the pricing schedule below, a bidder should submit the quotation on their company’s letterhead or logos.

SCHEDULE OF PRICES/ RATES:

Quotation Description: RECRUITMENT; SELECTION AND PLACEMENT PROCESSES FOR THREE (03) EXECUTIVES POSITIONS

Sub Total Price R

Vat 15% (if applicable) R

Total Quoted Price (Inclusive of Vat) R

YES NO



MBD 4

DECLARATION OF INTEREST

1. No bid will be accepted from persons in the service of the state¹. 2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority. 3 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

3.1 Full Name of Owner of the Bidding Entity: ….………………………………………………………………………….

3.2 Identity Number if applicable: …………………………………………………………………………………………. 3.3 Position occupied in the Company (director, trustee, shareholder²): ………………………………………………

3.4 Company Registration Number: ……………………………………………………. ………………………………

3.5 Tax Reference Number: ………………………………………………………………………………………………

3.6 VAT Registration Number: ……………………………………………………………………………………………. 3.7 The names of all directors/ trustees/ shareholders’ members, their individual identity numbers and state employee numbers must be indicated in paragraph 4 below

3.8 Are you presently in the service of the state?

(Tick applicable box)

3.8.1 If yes, furnish particulars. ….………………………………………………………………………..

3.9 Have you been in the service of the state for the past twelve months?

(Tick applicable box) 3.9.1 If yes, furnish particulars .………………………...……………………................................... 3.10 Do you have any relationship (close family member, partner or associate) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid?

(Tick applicable box)

3.10.1 If yes, furnish particulars ……………………………………………………………………………..

YES NO

YES NO

YES NO



3.11 Are you aware of any relationship (close family member, partner or associate) between any other bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid?

(Tick applicable box) 3.11.1 If yes, furnish particulars………………………………………………………………

3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders

in the service of the state? (Tick applicable box)

3.12.1 If yes, furnish particulars ………………………………………………………………… 3.13 Are any spouse, child or parent of the company’s directors trustees, managers, principle shareholders or stakeholders in service of the state?

(Tick applicable box) 3.13.1 If yes, furnish particulars .………………………………………………………………… 3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract? (Tick applicable box) 3.14.1 If yes, furnish particulars: …………………………………………………………………. ……………………………………………………………………………………………………………….

4. Full details of directors / trustees / members / shareholders. (Attach for additional members)

Full Name Identity Number State Employee Number (If applicable)

¹MSCM Regulations: “in the service of the state” means to be –

(a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the national Assembly or the national Council of provinces;

(b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity or constitutional institution

within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999); (e) a member of the accounting authority of any national or provincial public entity; or

YES NO

YES NO

YES NO

YES NO



(f) an employee of Parliament or a provincial legislature.

² Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercises control over the company.

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES (MBD8)

1. This Municipal Bidding Document must form part of all bids invited.

2. It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are

being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3. The bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in

relation to such system; b. been convicted for fraud or corruption during the past five years; c. wilfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the

past five years; or d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities

Act (No 12 of 2004). 4. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

(tick applicable box).

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector?

(Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied).

Yes

No

4.1.1 If so, furnish particulars:



4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)?

(To access this Register enter the National Treasury’s website, www.treasury.gov.za, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445).

Yes

No


4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years?

Yes

No


Item Question Yes No

4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months?

Yes

No


4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No


CERTIFICATION I, THE UNDERSIGNED (NAME) ……………………………………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE STATE AND/OR THE EMM MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

http://www.treasury.gov.za/



………………………………….. …………………………………….. Signature Date

…………………………………. ……………………………………… Capacity Name of Bidding Entity

MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION (MBD 9) 1. This Form “I“ must form part of all bids¹ invited. 2. Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted

practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds.

3. Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to:

a. take all reasonable steps to prevent such abuse; b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management system of the

municipality or municipal entity or has committed any improper conduct in relation to such system; and c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or

the execution of the contract. 4. This Form “I“ serves as a certificate of declaration that would be used by institutions to ensure that, when bids are

considered, reasonable steps are taken to prevent any form of bid-rigging. 5. In order to give effect to the above, the attached Certificate of Bid Determination must be completed and submitted with

the bid:

CERTIFICATE OF INDEPENDENT BID DETERMINATION (MBD 9) I, the undersigned, in submitting the accompanying bid: _________________________________________________________________________________________________

(Bid Number and Description) in response to the invitation for the bid made by: Metrobus do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of: ___________________________________________________________________________ that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;



2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the

terms of, and to sign, the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any

individual or organization, other than the bidder, whether or not affiliated with the bidder, who: (a) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and (c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder

6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: a) prices; b) geographical area where product or service will be rendered (market allocation) c) methods, factors or formulas used to calculate prices; d) the intention or decision to submit or not to submit, a bid; e) the submission of a bid which does not meet the specifications and conditions of the bid; or f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor

regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any

competitor, prior to the date and time of the official bid opening or of the awarding of the contract. 10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices

related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or any other applicable legislation.

………………………………………………… ………………………………… Signature Date …………………………………………………. ………………………………… Full Names of Person Representing Company Position in Company



SPECIFICATION /SCOPE OF WORK/TERMS OF REFERENCE

REQUEST FOR A QUOTATION – RECRUITMENT ; SELECTION AND PLACEMENT PROCESSES FOR THE

POSITIONS OF CHIEF FINANCIAL OFFICER (CFO); COMPANY SECRETARY & LEGAL COUNSEL AND

GENERAL MANAGER: CORPORATE SERVICES ON BEHALF OF METROBUS (SOC) LIMITED

Attached herewith are copies of the Job Descriptions and job specifications for the positions of:

(a) Chief Financial Officer,

(b) Company secretary & Legal Counsel and

(c) General Manager: Corporate Services,

All above listed positions are targeted for filling by Johannesburg City Metrobus. It is our wish that these positions

should be filled as a matter of urgency by the 10 August 2020 or sooner.

Our Company would like you to furnish us with a quotation to perform an “end to end” recruitment, selection

and placement and pre-selection process and give a report to the Managing Director as follows:

1. Identify suitably qualified candidates in the Labour Market who meet or exceed the minimum requirements

as spelt out in the attached Job Descriptions and job specifications.

2. Further to what is requested from your Company as outlined in paragraph1 supra, the Company must also

ensure that a majority of the recommended candidates will help to advance the employment equity profile

of Metrobus. In this regard, it is emphasised that the majority of the recommended candidates must be (as

far as possible) be women.

3. Further to the above, your Company will be expected to:

3.1 Advertise all the three (3) positions in at least three National Newspapers (with advertisement

expected to run for a minimum of 10 working days) and other reputable recruitment channels.

3.2 Compile a schedule of all received CVs from all potential candidates.

3.3 Screen Curriculum Vitae (CVs) received from potential candidates who comply with the minimum

requirements as spelt out in the Job Descriptions/Profiles.

3.4 Short-list candidates based on the matching of CVs to the Job Descriptions/Profiles.

3.5 Conduct Pre-Interviews with short listed Candidates (Provision should be made for competency

based interviews).



3.6 Refer the short-list of competent candidates to the Managing Director of Metrobus.

3.7 Arrange formal interviews with competent candidates and the JHB Metrobus interviewing Panel as

advised by the Managing Director.

3.8 Provide administrative support and advice to the selection Panel.

3.9 Conduct Background checks in respect of potential candidates including:

i. Job reference checks

ii. Credit record checks

iii. Criminal record checks

iv. Qualifications verifications

v. Security checks

4. It will also be expected from your Company to inform the successful and unsuccessful applicants of the

results.

5. Handle all external correspondence relating to each recruitment process and to furnish the Board of

Metrobus with all documents at the end of the process.

6. These are Grade E1-E2 positions on a Patterson scale with a maximum upper limit total annual package

of R1, 700,000.00. This position is therefore a high-level position and reports directly to the Managing

Director as shown in the attached Job Profiles.

METRO BUS

JOB DESCRIPTION

POST IDENTIFICATION

Job title Chief Financial Officer

Department Finance

Main purpose of role To provide strategic oversight and management of the financial management, management accounting, asset and supply chain management functions of Metrobus thereby minimising financial risks and managing the sustainability of the organisation.

Grade

Organisational structure

Required minimum education/training Chartered Accountant (SA) or postgraduate qualification in Financial Management or Accounting

Required minimum work experience Minimum 10 years’ experience in financial management environment; at least 8-10 years industry experience (5 years of which must be at a senior management level)

Key performance areas Strategy development and strategic initiatives

Financial accounting Asset management

Supply chain management

Departmental Management

Managing Director

Chief Financial Officer

Description of Tasks

No. Key performance

areas Input (methods used) Output (expected results)

Competencies required

1. Strategy development and strategic initiatives

Provide leadership in the development for the continuous evaluation of short and long-term strategic financial objectives.

Take hands-on lead position of developing, implementing, and maintaining a comprehensive job cost system.

Establish, manage and maintain financial management systems and process (analytical tools, information systems and models or projections of cost behavior) and policies to ensure effective and efficient management of resources.

Provide thought leadership in planning, development, organizing, directing, managing and evaluating the entity’s supply chain management function both at the operational and strategic level.

Execute capital-raising strategies to support the entity’s financial sustainability and ensure that financial ratios are maintained with regards the financial position of the company.

Prepare monthly financial statements, financial packages, and other informational reports/analysis.

Develop, monitor and manage strategies, policies, procedures, protocols, norms and standards for financial management within Generally Recognized Accounting Principles (GRAP) and Municipal Finance Management Act (MFMA) guidelines to ensure sufficient cash flow, reduced operating costs, and increased revenues.

Align finance, asset management and supply chain management, policies and processes to the business objectives

Provide strategic advice to the business and Board on finance, asset management and supply chain management related matters, identifying financial risks and impact thereof

Execute capital-raising strategies to support the entity’s financial sustainability

Effective Finance and Organisational Strategy, policies and procedures that supports company objectives in terms of cost effectiveness, transparency and timeous availability of goods and services

Compliance with policies and procedures

Technical

In-depth knowledge of Financial reporting Standards

Sound knowledge of financial management and accounting processes

In-depth knowledge of Finance as a discipline

Advanced Excel

Highly analytical

Ability to establish and build strong working relationships with providers and receivers of financial information

Planning and coordination

Networking and negotiations

2. Financial accounting

Review prior financial results and discusses anticipated changes to highlight future needs and trends.

Review monthly operating reports for accuracy, completeness and major variances between actual and budget results.

Prepare quarterly and annual fair value reports including summaries and forecasts for future business growth and general economic outlook.

Evaluate and advises on the impact of long range planning, introduction of new programs/ strategies and regulatory action.

Establish and maintain strong relationships with senior executives so as to identify their needs and seek full range of business solutions.

Provide recommendations to strategically enhance financial

performance and business opportunities.

Ensure that effective internal controls are in place and ensure

compliance with GRAP, MFMA, Auditor General South Africa and

Treasury regulations for all financial reporting

Review and approve annual financial statements

Prepare for the annual external audit by the Auditor General through

ensuring that year end working paper files and the necessary

supporting documentation is made available

Financial policies updated on an annual basis

General ledger, payroll and creditors are accurate, timely, comprehensive and valid

No significant audit findings

Accurate and timeous reporting of revenue and debtors

Behavioural

Strong interpersonal skills

Strong communication

skills

Strong leadership

skills

Excellent

communication and

negotiation skills

Flair and innovative

thinking

Ability to work under

pressure

Ability to set and

deliver high quality

work standard

3. Asset management Manage and oversee the strategic relationship with the internal and extremal auditors and other stakeholders with regards to Metrobus’s assets

Review and approve policies and procedures to maintain, control and monitor assets and ensure compliance with all statutory requirements and accounting standards

Oversee the development, implementation and monitoring of internal control processes and procedures to safeguard all Metrobus’s assets

Implement asset management internal control principles in compliance with MFMA, Treasury Regulations, GRAP and all other applicable regulatory requirements

Oversee compliance with Metrobus policy / framework on assets management, long term capital expenditure projects and the related capital return projection

Develop, implement and maintain control procedure to safeguard assets and to verify the existence and location of assets

Manage and oversee compliance with GRAP and MFMA

Asset register is comprehensive, up-to-date and compliant with GRAP and other relevant accounting standards and ties back to the General Ledger

Physical asset verification conducted at least twice a year

Asset polices updated annually

4. Supply chain management

Develop and implement supply chain management (SCM) polices inclusive of BBBEE directives

Monitor the execution of supply demand management in accordance to MFMA and Treasury regulations and report back to the appropriate governance structures

Manage and oversee the procurement processes and logistics in Metrobus

Develop, implement and manage Service Level Agreements (SLAs) and contracts with contractors and service providers

Execute the monitoring of performance of contractors and service providers

Establish, maintain and manage Supply Chain Committee in line with approved framework of delegated powers

All procurement adheres to relevant legislation

Comprehensive and timeous SCM reporting to all governance structures

No significant audit findings

5. Departmental management

Sound planning and forecasting of capital expenditure within area of responsibility

Compile budget inputs in accordance with policies, procedures and legal requirements

Manage costs against approved budget Establish organisation and structure to align individual and group

competencies Assign responsibilities and ensure effective task authorisation

protocols are in place Implement staff development and training to achieve overall

organisational objectives Develop and implement succession plans Adhere to employment equity and recruitment policies Manage the performance of direct and indirect reports in accordance

with the Metrobus performance management policy and procedure. Identify training and development needs, implementing plans to

address requirements, as appropriate. Manage discipline and absenteeism in accordance with

organizational codes and procedures Manage compliance with agreed budgets in consultation with the

Managing Director, ensuring that costs are contained. Participate in management forums within Metrobus, contributing

expertise to enable sound decision making Provide detailed, accurate information for internal and external audit

purposes and action audit issues identified. Implement controls within the section which minimize potential risk to

stakeholders. Motivate staff through the implementation of various reward

mechanisms Facilitate departmental communication through appropriate

structures and systems

Staff perform in accordance with business unit objectives

Achieve competence

Compliance to legislation

A conducive environment for optimal service

The list of tasks/duties and responsibilities contained in this document is not necessarily exhaustive, and the employer is entitled to instruct the employee to carry out additional duties or responsibilities, which may fall reasonably within the ambit of the role profile, or in accordance with operational requirements.

Role description

Signatures

Agreed by incumbent:

Agreed by Managing Director:

Date:

METROBUS (SOC) LIMITED

JOB DESCRIPTION

POST IDENTIFICATION

Job title General Manager: Corporate Services

Department Corporate Services

Main purpose of role To develop, establish, and institute strategies, policies, processes, best practices and systems for organisation effectiveness and efficiency in the Company. To lead and direct the Corporate Services strategic interventions and service delivery through effective management of the Human Capital function, Occupational Health & Safety, Facilities and internal Fleet management in the Company.

Grade E1-2


Required minimum education/training Relevant honours degree in Business Management, Public and Administration Management or similar (NQF Level 7+).

Required minimum work experience Minimum 10 years’ experience in a Corporate Services environment; (5 years of which must be at a senior management level).

Knowledge Good knowledge and interpretation of key and related local Government Acts and Regulations (e.g., MSA, MFMA, etc.).

Good Knowledge of Local Government Performance Management system.

Managing Director

General Manager: Corporate Services

Manager: HRM & ODDManager: Employee

Relations & PMSManager: Facilities & Auxiliary

Services

Good Knowledge of the King IV Code.

Good Knowledge of the Labour Relations and Basic Conditions of Employment Act

Core Competencies People Management

Negotiation and conflict handling

Financial Management

Customer relations Management

Ethical integrity and professionalism

Impact and influence

Governance

Policy conceptualisation and formulation

Risk Management

Institutional Performance Management and accountability

Strategic direction and Leadership

Human Capital Management

Safety, Health, Environment and Quality Management (SHEQ)support

Key performance areas Strategic Planning

Facilities and internal fleet management.

Human Resources Management.

Employee Relations Management.

Occupational Health and Safety.

Leading facilitation and implementation of organisational Change Management and Organisational Design development in the company.

Management of the implementation of Corporate Services value added processes.

Budget Management.

Departmental management.


No. Key performance

areas Input (methods used) Output (expected results)


1. Strategic Planning Develop and oversee the implementation of corporate services strategies, plans, policies and procedures in alignment with the company’s strategic objectives.

Generally manage the HR function and ensure LEDA’s HR systems and practices are compliant with statutory and legislative requirements.

Manage the provision of administration support and monitor all LEDA’s facilities to ensure they are upheld to good standard and comply fully with all statutory regulations.

Review and approve the Divisional strategies to ensure alignment to the Departmental strategy

Table the Corporate Services Strategy for presentation to EXCO for approval

Lead and guide the Divisions in the development of scorecards aligned to Divisional strategies

Develop and review HR policies in consultation with Legal in accordance with the applicable legislation

Oversee the implementation of roadshows and workshops to communicate policies to the business

Monitor adherence to policies to ensure that legislative requirements are being met and to alert the business on any risks that require mitigation

Draft Strategic Plan

Approved Corporate Services Strategy

Aligned Divisional Strategies to Corporate Services Strategy

Technical

In-depth knowledge of corporate services reporting Standards

Sound knowledge of human resources management and accounting processes

In-depth knowledge of corporate service as a discipline

Advanced Excel

Highly analytical

Ability to establish and build strong working relationships with providers and receivers of financial information

2. Facilities and internal fleet management

Lead the formulation and implementation of Fleet and Facilities management Strategy for Metrobus.

Monitor and evaluate the implementation of the strategy.

Facilities and Fleet Management Strategy approved and implemented.

3. Occupational Health and Safety

Lead the formulation and implementation of occupational Health, Safety and Quality Management (SHEQ) Strategy for Metrobus.

Monitor and evaluate the implementation of the OHS strategy.

SHEQ and plan in place.

4. Human Resources Management

Training and Development:

o Lead the formulation and implementation of the Human Resources and Development Strategy, policies and procedures for Metrobus.

o Monitor and evaluate the implementation of the Human Resources and Development strategy as well as all related policies.

o Monitor the implementation of training and development interventions in support of the Human Resource Strategy

o Approve the annual Training Plan and annual Training Calendar developed by the Human Resources Manager

o Oversee the negotiations of terms and conditions with the identified service providers

o Provide monitoring oversight of service providers to ensure that contractual terms and conditions are met and delivered within the allocated timeframe and attend escalations of matters of urgency

o Approve payments to service providers and monitor the timeous processing of payments

o Maintain sound business relationships with service providers at all times to foster and sustain relationships

Employee Relations:

o Lead processes leading to the formulation and implementation of Employee Relations strategy, policies and procedures.

o Lead and guide the organisation on grievance and disciplinary matters.

o Participate in consultation negotiations with employee representatives i.e. Union and Staff Association.

Employee Wellness:

o Monitor the provision of the appropriate employee wellness interventions / programmes to address employee health and wellbeing

o Approve the annual calendar of wellness programmes o o o o o o o

Implemented Training Plan

No labour unrest

Containment / reduction of labour disputes and potential for financial risks

Implementation of wellness programmes

Feedback from staff

Employee productivity maintained

Compliance to Workmen’s Compensation Act

Employee Wellness strategy and plan.

Behavioural



skills

Strong leadership

skills

Excellent

communication and

negotiation skills


thinking


pressure

Ability to set and


work standard

Employment Equity:

o Lead the formulation and implementation of the company’s Employment Equity strategy and plan.

o Lead compliance processes and implementation of the Company’s Employment Equity Plan.

Employment Equity strategy and Training plan.

Complied with the on time submission of the Employment Equity Plan.

5. Manage implementation of Corporate Services value added processes

Manage the development, implementation and maintenance of relevant policies, standard operating procedures, guidelines and processes within the ambit of the business unit’s responsibility, achieving compliance with appropriate requirements

Implement and maintain an effective system of internal controls and delegations of authority for the department, to ensure that managers and staff are accountable for decisions made and work performed

Manage implementation of an appropriate reward and recognition program for the organization in line with best practice and budget constraints

Develop an outcomes based performance management framework with clearly defined implementation steps for Metrobus

Manage the achievement of Facilities and Logistics planned objectives so that an environment conducive to productivity is maintained

Optimize processes and systems

Promote a conducive environment for optimal service

6. Facilitate organizational change processes

Drive initiatives which promote an environment conducive for employees to promote an optimal service to clients

Monitor legislative compliance with all restructuring and change initiatives

Propose changes to structure which will optimize processes and resources

Initiate interventions which will position Metrobus as an Employer of choice

Oversee the implementation of awareness and empowerment programs for all staff

Drive achievement of strategic objectives

7. Budget Management Prepare the Department annual budget for submission to Finance for consolidation and presentation to EXCO.

Monitor expenditure against budget allocations and attend to budget variances.

Produce a monthly budget performance report for consideration by EXCO.

Authorise expenses aligned to the approved budget.

Manage the Departmental budget in accordance with financial policies and procedures and within the allocated time frame.

Expenditure aligned to budget

Timeous and accurate budget reporting


Sound planning and forecasting of capital expenditure within area of responsibility.

Compile budget inputs in accordance with policies, procedures and legal requirements.

Establish organisation and structure to align individual and group competencies

Assign responsibilities and ensure effective task authorisation protocols are in place

Implement staff development and training to achieve overall organisational objectives

Develop and implement succession plans

Adhere to employment equity and recruitment policies

Manage the performance of direct and indirect reports in accordance with the Metrobus performance management policy and procedure.

Identify training and development needs, implementing plans to address requirements, as appropriate.

Manage discipline and absenteeism in accordance with organizational codes and procedures

Manage compliance with agreed budgets in consultation with the Managing Director, ensuring that costs are contained.

Participate in management forums within Metrobus, contributing expertise to enable sound decision making

Provide detailed, accurate information for internal and external audit purposes and action audit issues identified.

Implement controls within the Department which minimize potential risk to stakeholders.

Motivate staff through the implementation of various reward mechanisms

Facilitate departmental communication through appropriate structures and systems


Achieve competence



The list of tasks/duties and responsibilities contained in this document is not necessarily exhaustive, and the employer is entitled to instruct the employee to

carry out additional duties or responsibilities, which may fall reasonably within the ambit of the role profile, or in accordance with operational requirements.

Role description

Signatures


Agreed by Managing Director:

Date:

METRO BUS

JOB DESCRIPTION

POST IDENTIFICATION

Job title Legal Counsel & Company Secretary

Department Office of the Managing Director

Main purpose of role To provide a professional secretariat support services to the Board and Committees in accordance with legislative requirements and corporate governance best practices and guide the Board in terms of their fiduciary responsibilities. The position will also serve as the Metrobus’s Legal Counsel providing thought leadership on all legal matters affecting the entity.

Grade E1


Required minimum education/training LLB (Bachelors of Law) degree and an admitted Attorney, with a registration with a Professional Institution

Required minimum work experience Minimum 10 years’ experience in commercial law management and contract management environments; at least 8-10 years industry experience (5 years of which must be at a senior management level)

Key performance areas Strategy development and implementation

Managing Director

Legal Counsel & Company Secretary

Specialist Legal Services2 x Officer: Board

Committee Services

Office Administrator

Legal advice and litigation

Stakeholder management

Corporate governance

Compliance

Board and Exco Meetings

Departmental Management


No. Key performance

areas Input (methods used)

Output (expected results)


1. Strategy development and implementation

Participate in the development of the Metrobus five year business plan as a member of Exco

Develop the annual legal services strategy in alignment to the overall company strategy through consultation with the management team

Provide strategic advice to the business and Board pertaining to legal matters, identifying strategic risks and plans to mitigate such

Develop and review legal services policies and procedures in alignment to business objectives and legislation

Ensure sustainability of processes and mitigation of business continuity risks by having internal controls supporting Metrobus strategic objectives

Monitor the provision of legal services support and advice to line managers to ensure that line managers are fully equipped to deal with all legal services related matters

Compile legal services reports highlighting successes and risks in terms of achieving organisational objectives

Manage, coordinate and oversee the daily operational activities and legal services projects to ensure that legal administration functions effectively and efficiently

Track new developments in legal services practices and make recommendations to improve the effectiveness and efficiency of the legal services function

Review trends and compare to expectations against legal services plans

Effective Strategy, policies and procedures that supports company objectives in terms of cost effectiveness, transparency and timeous availability of goods and services

Effective legally compliant strategy

Compliance with policies and procedures

Technical

In-depth knowledge of legal and governance reporting Standards

Sound knowledge of corporate governance processes

In-depth knowledge of legal services as a discipline

Advanced Excel

Highly analytical

Ability to establish and build strong working relationships with providers and governance structures

Planning and coordination

Networking and negotiations

2. Legal advice and litigation

Legal advice

Identify legal risks in all contractual obligations by Metrobus and develop effective mitigation strategies with the business

Originate and review legally binding contracts and agreements, ensuring that they are in compliance will all statutory and legal requirements

Facilitate contract negotiations to ensure Metrobus secures optimal arrangements in respect of any and all contracts it enters into

Monitor contract obligations to ensure compliance

Provide input into the drafting of legislation that affects the transport industry through various provincial and national forums

Review company policies, including but not limited to HR policies, to identify any legal risks for Metrobus and advice on re-wording thereof

Keep abreast of legal matters relating to industry and best practice

Manage the maintenance of a library of legislation for Metrobus

Litigation

Prepare legal opinions and liaise with external lawyers (Attorneys) where relevant to ensure all legal matters are dealt with and resolved in the best interest of Metrobus

Advice and brief counsel, ensuring the best interest of Metrobus

Manage any claims or compensation risks against Metrobus to mitigate financial loss to the organisation

Prepare legal notices for publications including but not limited to hearings and appointments

Reduced risk of litigation against Metrobus by staff and other service providers

No deviations from contractual obligations

Legal risk identified and plans in place to mitigate risks

Behavioural



skills

Strong leadership

skills

Excellent

communication and

negotiation skills


thinking


pressure

Ability to set and


work standard

3. Stakeholder management

Develop and maintain relationships with key stakeholders of Metrobus to ensure business continuity

Manage planning of resource requirements for the department to ensure sufficient resources are in place meet legal services delivery demands / needs from members, projects and stakeholders

Make the necessary strategic information available in a candid, accurate and timely manner to key stakeholders to enable decision making

Work closely with key stakeholders to make sure that all documents are available, consolidated and quality is up to standard

Manage the communication between Metrobus and key stakeholders on legal services related issues

Work directly with key stakeholders to analyse requests and constructively provide feedback that meets requirements while leveraging legal services core competencies

Build and maintain key relationships with stakeholders, to ensure establishment of a culture of engagement while creating and adding value

Identify areas that need guidance in order to resolve complex stakeholder relations issues

Communication to

stakeholders is monitored

and not detrimental to the

image of Metrobus

Key stakeholder

relationships built and

maintained

4. Corporate governance Provide company secretariat support and advice to EXCO and the Board to ensure that they are fully equipped to deal with all corporate governance related matters within the scope of Metrobus i.e. business ethics, good governance practices, changes in legislation etc.

Develop a Corporate Governance Framework to set out the Board and EXCO governance structures and a calendar for the year

Establish terms of reference for all Board Committees inclusive of function requirements and levels of authority

Monitor local and international developments on corporate governance and bring these to the Board’s attention

Grow the internal governance capability to address internal control risks within Metrobus

Provide the directors of Metrobus collectively and individually with guidance as to their duties, responsibilities and powers

Report to the Metrobus Board any failure on the part of the organisation or a director to comply with the Memorandum of Incorporation or rules of the organisation or Act

Conduct Board and EXCO performance evaluations and rep[ort back on status of performance

Certify the Metrobus’s annual financial statements are accurate and up to day while ensuring the organisation has filled required returns and notices in terms of the Act

Proactive identification of strategic governance issues and their impact on Metrobus

Board and Exco meetings are conducted in line with corporate governance best practice

Annual calendar of meetings

5. Compliance Review company policies and procedures to confirm compliance to legal and regulatory requirements

Review legislative and regulatory developments that may impact Metrobus and ensure the Board is fully equipped to comply with such changes

Facilitate the induction process of new Executives and Board members

Alter and report to the Board and EXCO any compliance irregularities and provide recommendations for corrective measures

Provide input into the development of the annual report to ensure that:

o Statutory deadlines are met o Statutory and regulatory disclosers are validated

Convey communication in relation to Board decisions to relevant stakeholders

Liaise with external regulatory advisors to ensure business continuity and sustainability

Board and EXCO compliance with statutory requirements

New executives and Board members are inducted timely

Annual Report complies with statutory and regulatory requirements

6. Board and Exco Meetings

Oversee the timeous scheduling of Board and EXCO meetings and timeous circulation of packs to members

Preparing the schedule of board and committee meetings for the year including the agendas for these meetings in conjunction with the Chairperson and Managing Director

Draft minutes at all stakeholder meetings, board meetings and the meetings of any committees of the directors, and accurately record them in accordance with the Act

Follow up on implementation of required actions documented in meetings with the appointed stakeholder

Facilitate the signing of the attendance register by all parties present and ensure all declarations of interest are signed

Timeous distribution of minutes

Signed attendance register

Statutory records are maintained and safeguarded


Sound planning and forecasting of capital expenditure within area of responsibility

Compile budget inputs in accordance with policies, procedures and legal requirements

Manage costs against approved budget Establish organisation and structure to align individual and

group competencies Assign responsibilities and ensure effective task authorisation

protocols are in place Implement staff development and training to achieve overall

organisational objectives Develop and implement succession plans Adhere to employment equity and recruitment policies Manage the performance of direct and indirect reports in

accordance with the Metrobus performance management policy and procedure.

Identify training and development needs, implementing plans to address requirements, as appropriate.

Manage discipline and absenteeism in accordance with organizational codes and procedures

Manage compliance with agreed budgets in consultation with the Managing Director, ensuring that costs are contained.

Participate in management forums within Metrobus, contributing expertise to enable sound decision making

Provide detailed, accurate information for internal and external audit purposes and action audit issues identified.

Implement controls within the section which minimize potential risk to stakeholders.

Motivate staff through the implementation of various reward mechanisms

Facilitate departmental communication through appropriate structures and systems


Achieve competence



The list of tasks/duties and responsibilities contained in this document is not necessarily exhaustive, and the employer is entitled to instruct the employee to carry out additional duties or responsibilities, which may fall reasonably within the ambit of the role profile, or in accordance with operational requirements.

Role description

Signatures


Agreed by Executive/Manager:

Date:

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