Legal Specialist

  • Date Posted: 2023-12-06 12:44
  • Expired

Job Description

About MCA

The Millennium Challenge Corporation (MCC) is a U.S. government corporation focused on assisting countries dedicated to good governance, economic freedom, and investing in people. In May 2022, MCC signed a five-year agreement (“compact”) with the government of Lesotho (GoL) aimed at poverty reduction through inclusive and sustainable economic growth in the country. The Millennium Challenge Account (MCA- Lesotho II), is an entity established by the Government to act as the accountable entity to implement the Compact, with the authority to bind the Government with regard to all Program activities.

Lesotho Compact

The Lesotho Health and Horticulture Compact aims to benefit 2.5 million people by growing, strengthening, and organizing the private sector in Lesotho and improving the government’s coordination to deliver critical services necessary to support private sector development. It will achieve this goal through investments in Health System Strengthening, strengthening of the business environment and Market Driven Irrigated Horticulture, providing sustainable income for smallholders and increasing climate resilience by replacing rain-fed subsistence farming with irrigated commercial horticulture in select locations. The GoL is committed to passing several key reforms that will help make this compact successful, including reforms that address gender equality, working conditions and worker safety, as well as land and water rights. All of the compact’s projects focus on overcoming barriers to the economic inclusion of women, youth, and the rural poor.

Legal Specialist

Objective of this position

The Legal Specialist will serve as a critical member of the General Counsel team of MCA-Lesotho II. The Legal Specialist will support General Counsel in their role as senior policy advisor on legal matters and technical resource to the MCA governing body (Board) and management team and other staff of the MCA. They will be responsible for producing high quality deliverables and advising MCA on legal matters at the direction of the General Counsel.

Primary Responsibilities

  • Provide or coordinate the provision of legal advice on all issues affecting the internal operations of the MCA, including government contracts and other agreements, third party commercial contracts and other agreements, procurement and fiscal law, and corporate governance and records management.
  • Help to identify, and advise on, situations that may involve elements of fraud and corruption and/or conflicts of interest in the implementation of the Compact.
  • Support the coordination of training and advice on MCC policies and applicable laws, regulations and other policies relevant to the prevention, detection, and correction of fraud and corruption.
  • Support the coordination of training and advice on matters of ethical behavior, including the avoidance of conflicts of interest and policies governing confidentiality and transparency. This training will include the Board, the management team, other staff of the MCA, and, where appropriate, implementing entities of the Government of Lesotho (Government) and of MCA contractors.
  • Ensure that MCA activities comply with the Compact and all related agreements, all agreements entered into under the Compact, all applicable laws and regulations of Lesotho and all the MCA’s organizational and governance documents.
  • At the direction of General Counsel, advise the Board, the management team, and the staff of the MCA on legal issues and address legal matters as they arise. This may include preparing and submitting reports and other documents on a periodic basis to the Board and the management team that identify any problems (and recommended solutions) encountered in MCA compliance with its obligations or other legal matters.
  • Support the General Counsel in their role as corporate secretary of the Board. This includes developing documents, namely board papers, in preparation for meetings, monitoring compliance with procedures governing the board, including MCA’s bylaws, and maintaining records of Board meetings.
  • Support the General Counsel in advising the Board and MCA on employment matters, including drafting and negotiating employment agreements ensuring that such agreements and MCA Human Resources policies and procedures are in compliance with the applicable law and regulations of Lesotho.
  • Provide guidance on legal implications of procurement and financial activities that may be undertaken by the MCA. Cooperate with and advise representatives of Government bodies, including ministries, the legislature, and other public agencies, regarding the Government’s responsibilities under the Compact and all related agreements.
  • Represent and/or support the General Counsel to represent MCA and manage the representation of MCA before courts of law, regulatory, and administrative bodies, and in arbitration and other proceedings.
  • Support inclusion of outside counsel, including MCC procured local counsel, as necessary.
  • Perform such other responsibilities in support of the General Counsel and corporate secretary or as may be delegated or requested from time to time by the Board or the management team of the MCA

Required Competencies

  • Bachelor of Laws (LLB) or equivalent and qualified and in good standing to practice law in Lesotho.
  • Minimum five (5) or more years of relevant experience working at a law firm or as legal counsel, preferably with some experience serving as in-house counsel and some experience working in a law firm or as legal counsel in Lesotho.
  • Minimum five (5) experience in civil litigation and/or alternative dispute resolution mechanisms.
  • Knowledge of, and experience with, both international law and the laws of Lesotho encompassing a diverse range of legal issues, including contract, corporate, construction, employment, and procurement laws and regulations, especially in transactions or situations involving foreign investors/foreign governments, or experience representing foreign investors in transactions or situations involving the Government. Experience in international commercial transactions and project and structured financing is preferred.
  • Experience advising entities in negotiating, executing, and implementing international agreements with foreign governments. Experience with donor funded projects is preferred.
  • Experience in administering or providing advice regarding tax exemptions under Lesotho law.
  • Proven ability to work in a national and international context.
  • Demonstrated ability to coordinate with Government entities to ensure smooth implementation of MCA activities.
  • Demonstrated ability to collaborate effectively with peers as well as work across departments or divisions.
  • Proficiency in English (written and verbal) is required.