CHIEF DIRECTORATE: STATE LAW ADVISORY SERVICES
WHAT do we do?
The Chief Directorate: State Law Advisory Services is divided functionally into three Directorates:
1. Directorate: Legislation and Labour Law Advice
1.1 Legally edit and certify all Provincial legislation (Bills, Regulations, Proclamations) before submission to the Executive Council and introduction in the Provincial Legislature
1.2 Draft, legally edit and certify all legislation (Bills, Regulations, Proclamations) and notices for the Office of the Premier before submission to the Executive Council and introduction in the Provincial Legislature
1.3 Provide legal advice specifically in respect of labour law matters –
1.3.1 internally in the first instance to the Office of the Premier; and
1.3.2 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, including legal advice in respect of labour law matters, in the first instance to the relevant Department)
1.4 Manage and draft the employment contracts and performance agreements of the DG and HoDs
1.5 Liaise with the KZN Provincial Legislature and the Portfolio Committees of the Provincial Legislature in respect of legislation
1.6 Liaise with State Law Advisors nationally and in other Provinces in respect of legislative drafting and legislation
1.7 Co-ordinate and facilitate Legislative Drafting Training (postgraduate Certificate in Legislative Drafting offered by University of Johannesburg)
1.8 Co-ordinate and facilitate Labour Law Training (postgraduate Diploma in Labour Law offered by University of Johannesburg)
1.9 Manage and facilitate the Rationalisation of Laws Project (2004 – mid 2007), specifically, and the rationalisation of provincial legislation, generally, with a view –
1.9.1 to recommending to the Director-General, the Premier and Executive Council any amendment or repeal required or deemed appropriate to ensure that each provision in such law is consistent with the Constitution and any other applicable national law which would, in terms of sections 146 – 150 of the Constitution, be regarded as the prevailing legislation; and
1.9.2 to recommending to the Director-General, the Premier and the Executive Council any new law, whether principal or subordinate, within the provincial legislative competence required or deemed appropriate to ensure the establishment of the requisite legal basis, authority and framework for current provincial policy consistent with the Constitution and any other applicable national law which would, in terms of sections 146 – 150 of the Constitution, be regarded as the prevailing legislation
1.10 Liaise with the Policy Unit in the Office of the Premier in respect of legislation
1.11 Perform function of Secretariat for the KZN Public Sector Lawyers’ Forum
1.12 Chair and perform function of Secretariat for Monthly Meetings of the Directorate: Legislation and Labour Law Advice
2. Directorate: Litigation and General Legal Advice
2.1 Handle all litigation and drafting of contracts on behalf of the Office of the Premier
Note:
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.
2.2 Provide legal advice –
2.2.1 internally in the first instance to the Office of the Premier; and
2.2.2 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)
Note:
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.
2.3 Co-ordinate and facilitate Contract Drafting Training (postgraduate Diploma in Drafting and Interpretation of Contracts offered by University of Johannesburg)
2.4 Liaise with the Office of the State Attorney and legal practitioners in the private sector in respect of litigation and contracts
2.5 Liaise with State Law Advisors nationally and in other Provinces in respect of legal advice and legal opinion
2.6 Perform function of Secretariat for Monthly Meetings of the CD: SLAS
2.7 Chair and perform function of Secretariat for Monthly Meetings of the Directorate: Litigation and General Legal Advice
2.8 Act as Financial Responsibility Manager for CD: SLAS
3. Directorate: Constitutional Matters and Language Services
3.1 Deal with the monitoring and implementation of Constitutional matters both in respect of the Constitution (national) and the Provincial Constitution (if and when the Provincial Constitution is enacted)
3.2 Monitor Constitutional litigation and liaise with the Constitutional Court
3.3 Establish and maintain a Manual on the Executive Acts of the Premier
3.4 Draft, legally edit and maintain a register of all Premier’s Acts and Premier’s Minutes (Executive Acts of the Premier) in terms of the Constitution (national)
3.5 In consultation with the relevant special (legal) advisor to the Premier (if any), advise 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)
3.6 Keep a register of duplicate originals of all Bills assented to and signed by the Premier (such a Bill becomes a provincial Act)
3.7 Ensure prompt publication of provincial Acts in the Provincial Gazette
3.8 Manage the Sub-directorate: Language Services which is responsible for translations (into isiZulu and Afrikaans) and the proof-reading and publication Provincial Gazette
3.9 Liaise with the printers of the Provincial Gazette (whether commercial or the Government Printer) and administer, review and (subject to applicable policy and procurement legislation) renew the agreement for the printing of Provincial Gazette
3.10 Legally edit international Records of Understanding to which the Provincial Government is a party or signatory
3.11 Liaise with –
3.11.1 the Intergovernmental Relations Unit;
3.11.2 the Human Rights Unit;
3.11.3 the Policy Unit; and
3.11.4 the Service Delivery Improvement Unit,
in the Office of the Premier
3.12 Liaise with the Office of the President
3.13 Chair and perform function of Secretariat for Monthly Meetings of the Directorate: Constitutional Matters and Language Services
For contact details of personnel attached to the respective Directorates above, go here.