Senior Restitution Advisor

Overview

Senior Restitution Advisor for land rights compliance and legal advisory in Mpumalanga.

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 post- qualification legal professional and advisory experience with 4 years supervisory experience.
• Experience in conveyance and vetting of documents.
• Post qualification experience in court litigation.
• A valid driver’s licence.
• 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 ability.
• Ability to draft legal opinions and contracts.
• Negotiation, research and very good drafting ability.
• Ability to think independently, analytically and innovatively.
• Good problem-solving.
• Mediation and conflict resolution.
• Computer literacy.
• Skills in court litigation.
• 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.

How to apply

Applications can be submitted by hand delivery during office hours to: 7th Floor Block E, Bateleur Office Park Building, 17 Van Rensburg Street, Nelspruit, 1200 or by email to Post128@dlrrd.gov.za

Enquiries: Mr W Mambana Tel No: (013) 754 8032

Notes

EE Targets: African, Coloured, Indian and White Males and African, Coloured and White Females and Persons with Disabilities. To apply, submit a completed Z83 form and detailed Curriculum Vitae (PDF document to a maximum of 10 megabytes) via e-mail or hand delivery. The Department will not be held responsible for server delays. Late applications due to technical issues will not be considered. Shortlisted candidates must provide certified copies of required documents (Identity Document, qualifications, etc) where necessary and service certificates to support senior management experience to Human Resources before the interviews, including South African Qualifications Authority (SAQA) evaluation reports for foreign qualifications. Failure to comply will result in disqualification. To be appointed at Senior Management Service (SMS) level, you must complete the SMS Pre- entry programme offered by the National School of Government (NSG). Find course details here: https://www.thensg.gov.za/training-course/sms-pre-entry- programme/ appointment is subject to successful completion of the Nyukela Programme: Pre-entry Certificate to SMS and submission of proof. Shortlisted applicants for the advertised vacancies will undergo two pre-entry assessments: a practical assessment and an integrity assessment, both of which form part of the selection criteria after the interview. All shortlisted candidates for SMS posts will be subjected to a technical exercise and interview. Following the technical exercise and interview, a maximum of three (3) SMS candidates will undergo psychometric assessments to assess cognitive capabilities, behavioural preferences, emotional intelligence, and integrity. NB: Please note that false or fraudulent qualifications submitted by applicants will be reported to the South African Police Services (SAPS), and a criminal case shall be opened. Applications: Please submit your application before the closing date as late applications will not be considered. Do not submit duplicate applications. If applying for multiple posts, submit separate applications for each post. Applications submitted via email will be acknowledged via an automated response. Applications received manually will not be acknowledged due to high volumes of applications received. If you have not heard from us within 3 months, please consider your application to be unsuccessful. Should, during any stage of the recruitment process, a moratorium be placed on the filling of posts or the Department is affected by any process such as, but not limited to, restructuring or reorganisation of posts, the Department reserves the right to cancel the recruitment process and re- advertise the post at any time in the future. Important: DLRRD is an equal opportunity employer committed to promoting representivity and affirmative action. We encourage applications from all qualified candidates. The Department reserves the right not to fill vacancies. By applying you consent to the collection and processing of your personal information for recruitment purposes. Shortlisted candidates will be required to be available for assessments and interviews at a date and time as determined by the Department. Shortlisted candidates will undergo personnel suitability checks, security vetting and reference checks (including social media profiles). Applications must declare any pending criminal, disciplinary or any other allegations or investigations. Successful candidates must pass security clearance, sign an employment contract, sign an annual performance agreement and disclose financial interests. All applicants are required to declare any conflict or perceived conflict of interest, to disclose memberships of Boards and directorships that they may be associated with. Failure to disclose relevant information may result in disqualification or termination. ERRATUM: The position of Chief Town and Regional Planner with Ref No: 3/1/1/1/2026/114 for the Directorate: Spatial Planning and Land Use Management Western Cape and the position of Senior Legal Administration Officer Ref No: 3/1/1/1/2026/115 for the Directorate: Corporate Services: Western Cape that was advertised in Public Service Vacancy Circular 22 dated 26 June 2026 has reference. The positions are based in Cape Town. The Department apologies for any inconvenience caused. MANAGEMENT ECHELON