Overview of
role
To plan,
organise coordinate and manage the delivery of legal policies, strategies and
services which will ensure that the activities of BURS are consistent with the
provisions of relevant taxpayer, customs and excise and other relevant
legislation and to render legal advice which protects
the interests of BURS and
thereby contribute to the achievement of BURS’ objectives and mandate, and
revenue maximisation; and to provide administrative and legal advisory services
to the Board of BURS to ensure that Board directives and decisions are
consistent with the powers vested to BURS and the Board in terms of the Act;
and to develop and monitor the implementation of corporate governance standards
and organisational ethics which are consistent with international best practice
and clearly articulate the roles of the Board, the management of BURS, and the
relationship between BURS and Government.
Job description
Compliance with good corporate governance practices
Compliance with mandate and statutory obligations
and authorities
Quality of legal advice resulting in minimal
successful challenges to BURS’ activities and actions
Custodianship over BURS’ security documentation and
contracts
Cost effective provision of legal services
Timely delivery and availability of legal documents
and advice
Timely delivery of board papers and accuracy of
board records
Customer service
Strategic
Management and Leadership
As a member of the Executive Management team of BURS participates in the
development of policies, strategies and objectives to maximize revenue, promote
voluntary compliance and implementation of BURS’ statutory and socio-economic
mandate in accordance with statutory provisions and Ministerial directives,
including:
1. Develops and recommends policies and strategies relating to the
implementation of BURS’ legislative powers and authority so as to ensure
efficiency in the enforcement of taxation, and customs and excise provisions to
maximize revenue collection and promote voluntary compliance.
2. Develops and recommends the implementation of corporate governance and
ethical standards and behaviours which will ensure that in all its activities
BURS acts in accordance with best practice to protect the name and integrity of
the organisation.
3. Liaises closely with Internal Audit on the development of operational
policies and practices which will protect the interests of BURS and minimize
opportunities for losses, collusion between BURS staff and taxpayers,
importers/exporters and members of the public, and fraudulent activities.
Provision
of Legal Services and Advice
Coordinates and manages the provision of sound, accurate, prompt and cost
effective legal services to ensure that BURS complies with relevant statutes
and regulations and that its activities, actions, decisions and directives are
consistent with best legal practice and thereby minimize legal challenges to
BURS’ activities, actions, decisions and directives whilst protecting the
interests of BURS and the Government.
4. Organises and coordinates the delivery of sound legal advice and services
through the effective utilisation of professional staff and resources and
allocation of work and responsibilities in accordance with agreed priorities.
5. Liaises closely with operational and enabling departments to identify legal
service requirements and develops operational processes and procedures for the
delivery of legal services and advice.
6. Initiates, and receives recommendations, for review of legislation,
regulations and mandates and prepares detailed proposals for developments,
amendments and additions to legislation which will enhance the efficiency of
BURS and ensure compliance and enforcement of relevant legislation.
7. Prepares draft statutory instruments and liaises closely with Attorney
Generals Chambers on the issuing of regulations and statutory directives.
8. Reviews proposals for general directives relating to the interpretation and
application of provisions of the legislation and regulations and liaises with
operational departments on matters relating to interpretations.
9. Reviews proposals for treaties and international agreements and assists in
drafting and reviewing legal drafts to protect the interests of BURS and ensure
that such agreements are consistent with Botswana’s law and practices.
10. Makes recommendations relating to consequential legislative changes
required in relation to international laws and treaties.
11. Participates in negotiations in relation to treaties and agreements and
provides legal advice to BURS’ team.
12. Reviews cases in the light of possible prosecutions and legal action for
the recovery of revenue due to BURS and/or the contravention of legislation and
recommends appropriate legal steps including engaging Counsel.
13. Reviews contracts and agreements and ensures that these comply with the
provisions of appropriate legislation and protect the interests of BURS.
14. Liaises with Internal Auditor on legal matters and allegations of potential
fraud and collusion involving BURS staff and recommends referral to appropriate
authorities for legal action.
15. Provides legal advice and assistance in other areas of BURS’ operations and
activities including labour disputes, property and contract administration, etc
to protect the interests of BURS
Services
to the Board
Organizes and coordinates administrative and legal services to the Board of
BURS to ensure that the Board complies with the provisions of the Act and that
decisions and directives are consistent with statutory provisions at all times.
16. Ensures that the Board meets in accordance with statutory requirements and
coordinates the delivery of administrative services to facilitate Board
meetings.
17. Coordinates the preparation of Board papers in liaison with the Executive
Assistant to the Commissioner General and ensures that papers are distributed
to Board members.
18. Attends Board meetings, ensures that minutes are taken and provides the
Board with legal advice and opinions as required.
19. Follows up compliance with decisions and directives of the Board and
prepares reports for Board on progress towards implementation of directives and
decisions.
20. Ensures that BURS complies with statutory requirements in respect of
governance and reporting requirements set out in the Act.
Corporate
Governance
Makes recommendations for the adoption of governance and ethical standards and
codes of conduct which will protect the integrity of BURS at all times and
clearly articulate levels of authority and relationships between management
structures.
21. Reviews best practice in corporate governance standards and codes of
conduct and drafts governance charters and codes of ethics for adoption by the
Board and BURS.
22. Makes recommendations for the division of authority and relationships
between the management structures including the relationship between the Board,
BURS and Government.
23. Prepares codes of conduct consistent with the Values of the organization
and best practice among revenue authorities and pro-actively promotes adoption,
understanding and implementation of such codes.
Human
Resources Management
Ensures the implementation of BURS’ human resource policies and practices
within Division to ensure that staff are suitably qualified, experienced,
motivated and rewarded including: –
24. Agreeing performance contracts with senior staff and monitoring
implementation of contracts.
25. Implementation of performance based reward management strategies and
procedures to motivate and reward staff.
26. Monitoring the implementation of staff development and training programmes
to ensure that staff potential is realized.
27. Counsel and mentor staff and resolve staff related issues in accordance
with BURS’ HR policies and strategies.
28. Implementation of disciplinary procedures and conduct of disciplinary
hearings within delegated authority.
29. Ensures the implementation of change management and team building
interventions to ensure the development of committed, motivated and trained
staff.
Requirements,
Education and Experience
Master’s Degree in Law preferably, with
specialization in taxation and commercial law preferred
Admitted to practice in Botswana and at least 10
years relevant experience specialising in taxation and commercial law in a
corporate environment, Detailed knowledge of Botswana’s taxation, customs and
excise and other financial legislation and legal practices is essential
Competencies
Technical expertise
Critical thinking and innovation
Attention to detail
Negotiating and communication skills
Decisive and Assertiveness
Attention to detail
Closing date
and application instructions
Please visit www.staffwise.co.bw to apply or CLICKHERE.
Closing Date: Friday 23 September 2016