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Legal Services provides legal support to the University in contracts management, litigation management, copyright management, student discipline management, protection from legal risk and the provision of general legal advice to University Management.

Legal Services Menu of Service

Legal Services provides the following services:

1. Contracts Management

Local and international contract creation (drafting), negotiation, legal analysis, execution and retention (including Research and Inqubate)
Electronic Contracts Management System (ensure proper operation and effectiveness)
Implement new and assess existing policy supporting system for best practice and efficiency

2. Legal Drafting

General legal documents, legal correspondence, legal policy rules and legislation relevant to University obligations and operations
Letters of Demand
Attending to Attorneys correspondence
Drafting correspondence on behalf of University Council and Management to external parties where is legal import

3. Legal Advice and Legal Opinion

To University Council (including its sub-committees) and Management on all aspects of law, policy, rules and regulations

4. Legal Compliance and Risk

Advise appropriate university personnel on legislative/law amendment, application and effect on university to ensure compliance
Report to appropriate university body/personnel in the event or possibility of financial, reputational or other risk evident in matters
Refer to investigation when is evidence of improper transaction or personnel conduct in matters under attendance
Provide legal advice to the University’s Compliance Manager/Officer as required
Report matters to Internal Audit and Internal Forensic Audit for investigation

5. Litigation Management

General Commercial (High Court, Magistrate’s Court and Arbitration's)
Employment (CCMA and Labour Court)
Formulation of instructions to Attorneys and Legal Counsel
Instructing Attorneys
Assess and advise on probabilities of successful outcome
Attend to and enter into settlement agreements (under instruction form relevant University Authority)
Attend to and authorise rescission applications on student debt
Reporting to ARC and Council on Litigation Matters
Finalizing Pleadings and Affidavits

6. Student Discipline

Process Student Disciplinary Matters in applicable Disciplinary Tribunals (RMS investigation, service of process and charges)
Consult with relevant stakeholders on application of discipline and rules (SDCF)
Propose and finalise student disciplinary rules and procedure in SDRC
Apply ADR in student discipline where appropriate
Recruit and appoint Panel of Student Representatives and Chairpersons to the Tribunals
Attend to Personnel (HR) requirements associated with abovementioned appointments and remuneration
Advising Chair of Council of Appeals to Council Appeals Committee

7. Awareness, Education and Training

Educate on legislative/law amendment application and effect to enable compliance
Investigations for Student Discipline
Employee Relations and Labour Law
CCMA Appearances for HR Personnel
Contracts Management (use of system and system requirements)
Contract requirements for
Electronic Legal Awareness Program
Ad Hoc and Designed training workshops on legal matters affecting Colleges

8. Record Retention

Student Disciplinary Records
Contracts (negotiation and final instrument)
General Matters/correspondence
Litigation Matters
Copyright Matters
Maintenance of central pending system

9. Finance

Determine and manage the annual Legal Services’ supplies and services budget, and the legal expenses budget
Maintain a set of in-house books of account and record of expenditure

10. Employee Disciplinary Hearings/Special Preliminary Investigations and Arbitrations

Advice on the above
Attend to set up and management of process
Attend to appointment of Attorneys from Panel to appear
Attend to provide instructions to Attorneys appearing
Chairing employee disciplinary hearings and incapacity hearings

11. Attorneys Panel

Creation and maintenance of a suitable panel of Attorneys to provide legal advice and litigation support
Formulating expression of interest to fill Panel
Assessing Applications to Panel
Assessing and monitoring Attorney performance on panel
Determining and negotiating appropriate fee structure for Attorneys to Panel

12. Employment Insurance

Liaise with Broker, Finance and Proposed Underwriters on annual insurance cover for employment matters
Participate in settlement of annual cover and appointment of underwriter with Broker and Finance
Attend to employment insurance claims, queries and reports on employment litigation matters in progress and subject to cover
Ensure claims paid

13. University Policy Race and Racism

Assess and attend to complaints by external parties under the policy as assigned (para 5, ss 8, 9, and 10 of the Procedures for the Implementation and Application of the policy)

14. Student Academic Rules Committee (SARC)

Provide advice to SARC on wording and construction to rules

15. Receipt of Legal Process

Office of receipt of legal process (summons, notice of motion, court orders, and subpoenas from the Sherif of Court
CCMA referrals/objection in limine/subpoenas

16. Copyright

Liaison with DALRO (copy right body in RSA)
Finalising annual license requirements and fees
Attending to copy right returns to DALRO
In conjunction with ICT developing electronic system to process copyright requests and returns

17. ADR

Apply ADR in matters where appropriate to avoid litigation

18. AD Hoc

Chairing JBF
Chairing JCF

19. UKZNMS

Appointed to UKZNMS Board by University Council
Chairperson of the Board of UKZNMS

20. General Employee Relations and Labour Law Support to HR

Regular meetings with HR Managers of Colleges to assist and advice on general employee relations and labour law matters

21. National University Legal Advisors Forum

Attend (twice per year)
Member of Specialist Focus Group (Employment and Labour Law)

22. Update Professional Legal Knowledge

Attend appropriate and relevant seminars/conferences
Read and research

23. Witnesses/Evidence

Providing advice/guidance to investigators on evidence and law of evidence requirements in matters under investigation
Assessing evidence for use in matters
Interviewing witnesses (potential and actual)

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PLEASE NOTE THAT DUE TO COVID-19 ALL LEGAL SERVICES STAFF ARE WORKING OFF CAMPUS. YOU CAN CONTACT ANY STAFF MEMBER VIA E-MAIL.

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GENERAL LEGAL QUERIES CAN BE SENT TO legalservices@ukzn.ac.za

IP LEGAL QUERIES CAN BE SENT TO iplegal@ukzn.ac.za

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