CHIEF DIRECTORATE: STATE LAW ADVISORY SERVICES


WHAT do we do?

 

Purpose:

In pursuance of Strategic Goal 2 of the Office of the Premier (Good and cooperative governance), the CD: State Law Advisory Services is, amongst others, responsible for the following Outputs:

(1)   Develop appropriate Provincial Legislation

(2)   Monitor and coordinate the Provincial Legislative Programme for the Provincial Executive

(3)   Fully functional KZN Public Sector Lawyers’ Forum (KZN PSLF)

(4)   Appropriately capacitated legal personnel transversally across all Provincial Departments

(5)   Fully functional Electronic Legislation and Litigation Management System (ELLMS) integrated with the Provincial Nerve Centre

  

Functions:

To –

(1) provide a comprehensive and professional internal legal support service to the Office of the Premier;

(2) provide specific professional, inter-departmental, transversal legal advisory services to the respective provincial line function Departments when requested or mandated;

(3) provide a comprehensive, professional, inter-departmental, transversal state law advisory service to the respective provincial line function Departments protecting the interests of the entire Province;

(4) coordinate the provision of legal services across the Provincial Government

(5) monitor the implementation of the Constitution; and

(6) provide language services in respect of Provincial Legislation and Government Notices.

  

Posts:

1x Provincial Chief State Law Advisor (level 14)

1x Personal Assistant (level 7)

 

 

The Chief Directorate: State Law Advisory Services is divided functionally into three Directorates:

 

 

1. Directorate: Legislative Development

 

Purpose:

To –

(1) develop appropriate Provincial Legislation; and

 

(2) monitor and coordinate the Provincial Legislative Programme for the Provincial Executive.

 

Functions:

To –

(1) draft, legally edit and certify constitutionally compliant Provincial Laws (Bills, Regulations and Proclamations) which -

·         reflect national and provincial policy,

·         establish the legal basis and authority for every structure, function and activity of Provincial Government; and

·         establish the most appropriate legal framework for service delivery;

(2) monitor and coordinate the Provincial Legislative Programme for the Provincial Executive;

 

(3) facilitate and coordinate the sustained and continuous process of the audit, rationalisation and harmonisation of Provincial Laws;

 

(4) undertake legal research with a view to making recommendations to the Provincial Executive on new legislation, amendment of existing legislation and legal reform; and

 

(5) facilitate and coordinate legislative initiatives across the Provincial Government.

 

 Posts:

1x Principal State Law Advisor (OSD LP-10)

1x Senior State Law Advisor (OSD LP-9)

2x State Law Advisor (OSD LP-7/8)

1x Administrative Assistant (level 5)

 

 

2. Directorate: Legal Support Services

 

Purpose:

To – 

(1) provide a comprehensive and professional internal legal support service to the Office of the Premier;

 

(2) provide specific professional, inter-departmental, transversal legal advisory services to the respective provincial line function Departments when requested or mandated; and

 

(3) facilitate the monitoring of litigation across the Provincial Government.

 

 Functions:

To –

(1) provide legal support, legal opinion and legal advice both internally (generally) and transversally (specific matters);

 

(2) manage, and advise on, litigation internally within the Office of the Premier;

 

(3) brief and liaise with the Office of the State Attorney and legal practitioners in the private sector;

 

(4) facilitate the monitoring of litigation transversally across the Provincial Government through the Electronic Legislation and Litigation Management System (ELLMS) integrated with the Provincial Nerve Centre; and

 

(5) draft and interpret contracts and agreements to which the Office of the Premier is a party or signatory.

 

 Posts:

1x Senior Manager (level 13)

1x Secretary (level 5)

1x Senior Legal Administration Officer (OSD MR-6)

2x Legal Administration Officer (OSD MR-5)

1x Administrative Assistant (level 5)

Note:

1. There is no human resource capacity in the Office of the Premier to handle litigation and drafting of contracts transversally for other Departments as well. These matters are handled by the internal legal components attached to each Provincial Department.

 

2. in respect of legal opinion and legal advice, this Directorate provides legal advice –

2.1 internally in the first instance to the Office of the Premier; and

2.2 transversally, to other Provincial Departments, in the final instance or when a “second opinion” is requested (the internal legal components attached the each Provincial Department provide legal advice in the first instance to the relevant Department)

The internal legal components attached the each Provincial Department provide legal advice in the first instance to the relevant Department. Opinions in respect of sensitive matters or complicated questions of law may, at times, be outsourced to Senior Counsel in the private sector.

 

 

3. Directorate: Constitutional Matters and Language Services

 

Purpose:

To –

(1) monitor the implementation of, and compliance with, the Constitution in the Province;

 

(2) provide specialist legal advice, both internally and transversally, in respect of matters related to constitutional law and practice; and

 

(3) provide a translation service in respect of Provincial Legislation (Bills, Acts, Proclamations and Regulations) and Government Notices.

 

Functions:

To –

(1) monitor implementation of, and compliance with, the Constitution in the Province, including –

(a) the implementation of, and compliance with, PAIA (the Promotion of Access to Information Act) and PAJA (the Promotion of Administrative Justice Act) in the Province;

(b) co-ordinating and facilitating training iro PAIA and PAJA;

(c) acting as the Deputy Information Officer, or one of the Deputy Information Officers, appointed for the Office of the Premier in terms of PAIA;

(d) establishing and maintaining a Manual on the Executive Acts of the Premier, including drafting, legally editing and maintaining a register of all Premier’s Acts and Premier’s Minutes (Executive Acts of the Premier) in terms of the Constitution;

(e) keeping a register of duplicate originals of all Bills assented to and signed by the Premier (such a Bill becomes a provincial Act);

(f) ensuring prompt publication of provincial Acts in the Provincial Gazette;

(g) ensuring accessibility of updated provincial legislation (Acts and Regulations) to citizens; and

(h) legally editing international Records of Understanding to which the Provincial Government is a party or signatory.

 (2) provide specialist legal advice, both internally and transversally, in respect of matters related to constitutional law and practice, including –

(a) furnishing legal opinion in respect of the Constitution;

(b) undertaking legal research; and

(c) in consultation with the relevant special advisor(s) to the Premier (if any), advising the Premier in relation to reservations about the constitutionality of a Bill for possible referral of the Bill back to the Provincial Legislature (section 121 of the Constitution);

(3) monitor Constitutional litigation, liaise with the Constitutional Court and the legal component in the Presidency;

 

(4) convene and chair the KZN Public Sector Lawyers’ Forum (KZN PSLF) as an intra-governmental cooperative governance structure in the Provincial Government; and

 

(5) provide a translation service in respect of Provincial Legislation (Bills, Acts, Proclamations and Regulations) and Government Notices.

 

 Posts:

1x Principal State Law Advisor (OSD LP-10)

1x Deputy Manager (level 11)

1x State Law Advisor (OSD LP-7/8)

1x Chief Legislative Language Practitioner (level 9)

3x Legislative Language Practitioner (level 8)

1x Administrative Assistant (level 5)

 

 For contact details of personnel attached to the respective Directorates above, go here.