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LEGAL SERVICES
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) 
Latest News

Legal Awareness Issue 1/2016
Legal Awareness Issue 2/2016

Universities South Africa Circular on Consumer Protection Act,  August 2015

Latest Events
UPCOMING WORKSHOPS

POPI Workshop

Presented by Mrs Adéle van Heerden & Ms Melaine Govender
Date: 01 August 2016
Time: 09h00
Venue: Coastlands Hotel, Umhlanga Rocks

DISCIPLINARY CODE AND GRIEVANCE PROCEDURES
Presented by Adv. Pushpa Naidu
Date: 01 August 2016
Time: 09h00-12h00
Venue: Howard College Theatre, Howard College

Date: 02 August 2016
Time: 09h00-12h00
Venue: Council Chamber, Pietermaritzburg Campus

Date: 04 August 2016
Time: 12h30-15h30
Venue: K-RITH 2, Medical School

CONTACT DETAILS

Legal Services

Vice Chancellors House

Westville Campus

E-mail: legalservices@ukzn.ac.za

Telephone: +27 31 260 1257 / 2810

Fax: +27 31 260 3581

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