SENIOR RESTITUTION ADVISOR
(REF NO: 3/1/1/1/2026/47)
Directorate: Operational Management
SALARY : R1 101 468 per annum (Level 12) All-inclusive package to be structured in
accordance with the rules for MMS)
CENTRE : Gauteng (Pretoria)
REQUIREMENTS
Minimum requirements: Applicants must be in a possession of a Grade 12
Certificate and an appropriate LLB or B Proc Degree (NQF Level 7) or any
related equivalent qualification.
Minimum of 6 years extensive postqualification legal professional and advisory experience with 4 years supervisory experience. Experience in conveyance and vetting of documents.
Post qualification experience in court litigation. Job related knowledge:
Knowledge of Restitution of Land Rights Act, 22 of 1994, Law and other
relevant acts and legislative prescripts.
Specialised knowledge of Constitutional Law. Law of Contracts. Knowledge of South African law, in particular land reform laws. Knowledge of conveyance and vetting of documents.
Job related skills: Proven supervisory and management skills.
Ability to draft legal opinions and contracts. Negotiation, research and very
good drafting skills.
Ability to think independently, analytically and innovatively.
Good problem-solving skills. Mediation and conflict resolution skills. Computer
literacy.
Skills in court litigation. A valid driver’s licence. Preparedness to travel and work irregular hours and under tremendous pressure.
DUTIES
Ensure legal compliance to the Restitution of Land Rights Act. Check research
reports e.g. Rule 3, Rule 5 and Non-compliance reports. Attend stakeholder’s
engagements after gazetting.
Check representation by landowners and other interested parties. Check response to the representations by landowners.
Check Gazette Notices. Check valuation analysis and offers to both claimants
and landowners.
Check Section 42D. Attend to negotiations with the farmer / landowner. Prepare response to the representation for the farmer / landowner.
Check first draft of Section 42E expropriation. Attend to service of the notice of
possible expropriation. Attend to receive and peruse the representations by
landowners in response to the notice of possible expropriation.
Check second draft of Section 42E expropriation. Attend to serve the final notice of expropriation.
Check claimant verification. Check Communal Property Associations (CPA1) to CPA8 and CPA constitution.
Check deed of trust. Liaise with the landowners. Check financial compensation files for payment.
Participate in all meetings upon instructions to attend and provide legal
responses where required.
Check legal monthly reports. Submit legal monitor to National Office. Coordinate litigation support in the restitution branch.
Draft referrals. Draft memorandum requesting the Regional Land Claims
Commissioner (RLCC) to sign the notice of referral.
Attend to make copies and issue the notice of referral at court. Receive and peruse court papers filed against the office e.g. notice of motions for interdicts, reviews, applications to compel, Summons, and other court proceedings.
Draft memorandum informing National Office about the new matter and request instructions from the Chief Land Claims Commissioner (CLCC).
Draft letters of instruction to State Attorney and request appointment of Counsel. Attend to supply the required documents and any other information concerning the case.
Facilitate the signing of the replying documents e.g. opposing affidavits, answering affidavits.
Attend to draft report on the progress on cases to the CLCC regularly. Issue
notice of instruction to appoint State Attorney.
Facilitate the process of legal representation. Exchange of court document (pleadings). Attend courts hearings. Attend pre-trials both telephonically and face to face.
Serve referrals and other court documents to interested parties. File the notice of referrals.
Facilitate the implementation of court orders. Attend consultations with State
Attorney and Advocates.
Draft legal documents in respect of the Restitution Act, regulations and policies of the commission. Draft legal documents for deed of sale.
Draft memorandum request signing of the sale agreement. Draft
correspondences to various stakeholders e.g. Attorneys, Companies, Claimants e.t.c. Draft settlement agreement e.g. financial compensation and transfer of state land.
Draft memorandums requesting signing of settlement agreements. Draft lease agreement.
Draft caretakership agreement. Facilitate adoption of CPA constitution. Facilitate the elections of the CPA. Draft legal opinion and other legal documents. Transfer private and state land.
Draft CPA constitution, CPA1 – CPA8 documents required for the formation of CPAs. Facilitate CPA workshops. Prepare financial compensation submission.
Manage transfer of properties and establishment of legal entities. Sign
agreements for both parties. Facilitate transfer of payments.
Issue instruction to conveyancers. Monitor the transfer regularly on the weekly basis and inspection. Issue instruction to State Attorney for transfer and pay the balance.
Issue instruction to State Attorney inclusive of Section 42D. Request clearance
rates from municipality. Prepare memorandums for payment of rates.
Acquire proof of payment of rates. Obtain certificates from municipality. Monitor the transfer process until the end and inform the claimants.
Conduct research in respect of special projects such as expropriations and legislation emanating from land reform components. Liaise with Research Institutions for research and data collection purposes.
Analyse collected data, develop and provide inputs towards the development of policies that will govern the special projects. Consult case laws and other legislations for legal opinions.
ENQUIRIES : Ms Z Zwane Tel: (012) 337 3777
APPLICATIONS : Applications can be submitted by hand delivery during office hours to: 524 Stanza Bopape and Steve Biko Street, Suncardia Building, 6th Floor, Arcadia, 0002 or by email to Post47@dlrrd.gov.za
NOTE : EE Targets: Coloured, Indian, White Males and African, Coloured, Indian and White Females and Persons with Disabilities.