Specialist Legal Services

To provide expert legal advice and support within the Legal Services Unit by ensuring the proper handling of tax complaints and disputes, accurate interpretation and application of legislation, protection of taxpayer rights, and the drafting of service level agreements, policies, and operational initiatives.

Process

• Analyse and make recommendations about improvements to specialist systems, procedures, policies and practices. (I)

• Contribute to the optimum utilisation of org. resources, advising on effective planning and development of area of specialisation resource plans. (I)

• Develop a single practice area in alignment with operational activity and procedural frameworks and ensure tactical implementation. (I)

• Draw on own technical or professional expertise, knowledge and experience to identify and recommend tactical solutions to defined problems in practices. (I)

• Integrate business information, compare, analyse and produce reports to identify trends, discrepancies and inconsistencies for decision making purposes. (I)

• Optimise goal achievement through tactical strategy implementation and optimisation of practises, processes and systems across an internal value chain. (I)

• Plan for value-added, continuous practice and system improvements to deliver on objectives to enhance tactical implementation and excellence. (I)

• Proactively identify interconnected problems, determine its impact and use to develop best fit alternatives; best practice implementation solutions. (I)

• Recommend changes to optimise processes, systems, practice areas and associated procedures and execute the implementation of change and innovation. (I)

• Translate top-down policy, apply modification in relation to own practice area and communicate impact to relevant stakeholders. (I)

• Advise on employee relations, ensuring compliance with Labour Laws, managing employment disputes, and assisting on matters relating to employee contracts, disciplinary issues and workplace issues.

• Compile formal letters of demand to SARS when SARS fails to implement OTO recommendations timeously or if SARS has failed to act on the recommendations appropriately

• Draft and review contracts, service level agreements, memorandum of understandings, and ensuring legal compliance in this regard.

• Ensure that the legal aspects of internal policies and procedures of the OTO complies with relevant laws, including advising on risk management and mitigation.

• Liaise with relevant departments/divisions to ensure that where legal risks have been identified, appropriate courses of action have been taken on on-going cases, legal agreements, risk and compliance.

• Provide expert advice on the OTO Appeals Committee and ensure that OTO decisions and actions taken in this committee comply with relevant tax laws.

• Provide legal opinions, memoranda, and legal briefing in relation to the resolution of taxpayer complaints.

• Provide legislative inputs in areas that needs amendments

• Representing OTO in disputes related to tax complaints ensuring fair and impartial resolution of complaints between taxpayers and SARS.

Client

• Develop and ensure implementation of a practice that builds service delivery excellence and encourages others to provide exceptional stakeholder service. (I)

• Participate in the specialist practice community and contribute positively to organisation knowledge management. (I)

• Provide authoritative, specialist expertise and advice to internal and external stakeholders. (I)

Finance

• Implement and monitor financial control, management of costs and corporate governance in area of specialisation. (I)

Governance

• Develop and /or align governance and compliance policies for own practice area to identify and manage risk exposure liability. (I)

People

• Integrate new knowledge and transfer skills attained through formal and informal learning opportunities in the execution of your job. (I)

• Provide specialist know-how, support, advice and practice thought leadership in area of expertise. (I)

Accountability (V)

Level 3

Competency Definition:

The acknowledgement and assumption of responsibility for actions, products, decisions, and policies within the scope of the role or employment position.

Behavioural Indicators:

Have a responsibility to speak out when you are aggrieved, using the relevant remedial processes. Build a sense of personal and social obligation to contribute meaningfully to your work, the work of SARS and the society at large. Admits own mistakes and weaknesses and seeks help from others when unable to deliver. Work to build commitment and engagement to improve team behaviour. Ensures that all stakeholders are trained to understand and practice the organisations Code of Ethics and holds self and others accountable, by arranging for training and dissemination of information. Develops and implements internal controls to manage potential barriers to implementation of organisational goals and objectives. Provides support to others in accomplishing their work. Be committed to owning up to the decisions that you make and are willing to live by them. Report and act against those people who refuse to be accountable for neglect and deliberate wrongdoing. Inspire a team spirit to enhance SARS culture. Take personal ownership of the things that are within your control.

Analytical Thinking

Level 3

Competency Definition:

Understands a situation, issue, and or problem by breaking it into smaller pieces, or tracing the implications of a situation in a step-by-step way

Behavioural Indicators:

Makes multiple causal links. Determines several potential causes of events, several consequences of actions, or multiple-part chains of events.

Attention to Detail

Level 3

Competency Definition:

The ability to take all relevant details into account to ensure that a task is completed to required standards.

Behavioural Indicators:

Expresses concern that things are done correctly, thoroughly or precisely. Uses past experiences and common sense to arrive at a complete list of all details that will need to be considered.

Commitment to Continuous Learning

Level 3

Competency Definition:

Commitment to continuous learning is the commitment to think about current and future development needs

Behavioural Indicators:

Finds out what customers’ business issues are and assesses what training approaches, tools, methods and/or technologies will be needed to stay current in a demanding and changing business environment. Develops and maintains a cross-organisational network to keep current with customers’ business changes.

Conceptual Ability

Level 3

Competency Definition:

The ability to identify patterns or connections between situations that are not obviously related and to identify key or underlying issues in complex situation.

Behavioural Indicators:

Uses knowledge of theory or of different past trends or situations to look at current situations. Applies and modifies complex learned concepts or methods appropriately.

Expertise in Context

Level 3

Competency Definition:

Degree to which one possesses definitive technical and or fundamental understanding of the business

Behavioural Indicators:

Proactively shares expert knowledge with peers and others within the organisation.

Fairness and Transparency (V)

Level 3

Competency Definition:

Build diverse and inclusive workplaces where decisions, practices, processes and transactions are transparent and fair.

Behavioural Indicators:

Build a sense of personal and social obligation to contribute meaningfully to your work, the work of SARS and the society at large. Admits own mistakes and weaknesses and seeks help from others when unable to deliver. Uses work time for organisational matters and not for personal matters. Ensures that all stakeholders are trained to understand and practice the organizations Code of Ethics and holds self and others accountable, by arranging for training and dissemination of information. Evaluate each situation fairly by considering all the facts relevant to the issue presented. Review practices to ensure fairness and transparency. Reward and acknowledge people for their contribution, based on merit. Be impartial in enhancing tax and customs compliance. Be transparent, just and fair in your dealings with all stakeholders. Be a role model in leaving the SARS values to colleagues and partners.

Honesty and Integrity (V)

Level 3

Competency Definition:

The quality of being upright, truthful, sincere and freedom from deceit or fraud (H). Guided by values, ability to demonstrate moral judgement and doing the right thing consistently (I).

Behavioural Indicators:

Promotes transparent and accountable administration. Do the right thing all the time even if no one is watching. Provide an accurate account of your actions whenever required to do so. Promotes the values and beliefs of the organisation internally and externally. Develops and applies self-corrective measures. Makes proposals and recommendations in a way that wins the trust and support of others. Presents ideas and beliefs in a manner that is consistent with the rules and regulations of the organisation or department. Acts decisively against corrupt and dishonest conduct. Cooperates with others and works as a team and not for personal benefit.

Organisational Awareness

Level 3

Competency Definition:

Knowledge of own organisations, policies, procedures, services, products and business operating model.

Behavioural Indicators:

Shows a solid understanding of organisational culture and practices. Usually applies organisational awareness to the decision-making process. Typically makes good use of both formal and informal channels to achieve results. Shows the capacity to build alliances across the organisation.

Respect (V)

Level 3

Competency Definition:

Ability to be considerate for self and others.

Behavioural Indicators:

Acknowledges and respects the broad range of social or cultural customs and beliefs. Constructively criticizes people with due considering of their feelings or motivation. Do not wild power and control in situations where this is not appropriate. Be honest, respectful, and sensitive to their needs. Understand other people and their behaviours to enable effective working relationships. Treat others in a similar manner as you would want to be treated. Deliver on your promises and make effort to deliver on set expectations. Drive the awareness of diversity at teams and individual level. Admits own mistakes and weaknesses and seeks help from others when unable to deliver. Treats all colleagues with equal respect. Uses work time for organisational matters and not for personal matters. Ensures that all stakeholders are trained to understand and practice the organisations Code of Ethics and holds self and others accountable, by arranging for training and dissemination of information.

Trust (V)

Level 3

Competency Definition:

Firm belief in the reliability, truth or ability of someone or something.

Behavioural Indicators:

Honours confidentiality of sensitive information especially in discussions with clients, documents and confidential matters. Seeks and accepts personal responsibility and accountability for all actions.

Business Knowledge

Level 3

Competency Definition:

Activities, tasks and practices associated with obtaining and using high level of knowledge in business areas, functions and products.

Behavioural Indicators:

Can generally engage with senior heads of relevant business area. Can debate with senior and heads of business, where applicable. Demonstrates a good end-to-end understanding of the systems processing for the business area and relationships. Can readily propose functional and process design at an architecture level to business issues.

Corporate Legal Services Management

Level 3

Competency Definition:

Applies knowledge and understanding the role and functions of corporate legal services within the context of South African legislative and industry regulatory framework

Behavioural Indicators:

Demonstrates an understanding as to how the corporate legal service standards are applied in relation to legislative and industry requirements. Applies understanding of the factors affecting and influencing the environment to support effective and efficient corporate legal services management. Collates, interprets and reports on the division’s ability to react to demands and challenges in an effective and efficient manner. Ensures the implementation of various policies and processes related to performance and information management. Ensures compliance in terms of legislative and regulatory requirements.

Data Collection and Analysis

Level 3

Competency Definition:

Ability to determine trends from raw data to assist decision-making in various aspects of work at SARS

Behavioural Indicators:

Shows skill in the use of advanced/complex analytical techniques. Using judgement, decides upon the most appropriate analytical techniques according to the situation. Recognises underlying principles, patterns, or themes in an array of related information, and determines whether additional information would be useful or necessary. Reviews outputs of analysis to identify anomalies and draws conclusions, relating these to operational circumstances, using an in-depth understanding of the business environment. Models a range of scenarios covering all potential business circumstances and highlights potential risks/opportunities.

Efficiency improvement

Level 3

Competency Definition:

Contribution to improving the operational efficiencies within the team, incl. re-evaluation of processes, policies, procedures and provision of recommendations to enhance operational efficiency

Behavioural Indicators:

Provides recommendations and implements enhancements to operational efficiency (including documentation, redesign and communication of process enhancements).

Functional Policies and Procedures

Level 3

Competency Definition:

The knowledge and interpretation of the functional policies and procedures, including monitoring their consistent application internally within SARS.

Behavioural Indicators:

Has detailed understanding of relevant policies and procedures and interprets these according to operational circumstances to ensure compliance. Understands the business context sufficiently to recommend improvements and modifications to existing policy .

Legal Advisory and Interpretation

Level 3

Competency Definition:

Advises on the development of policies and strategies on governance through legislative analysis and interpretation.

Behavioural Indicators:

Resolves complaints, interprets and explains policies and procedures and ensures the appropriate distribution and release of confidential or sensitive legal information. Ensures that legal documents are drafted, reviewed and interpreted as per applicable laws. Has the ability to research for the correct legal actions for any legal matters, in order to safeguard the interest of the organisation

Legal Compliance

Level 3

Competency Definition:

Complies with relevant legislation, regulatory and professional standards

Behavioural Indicators:

Demonstrates insight into the regulatory parameters that apply to policy and procedure. Is aware of industry standards and professional codes that impact on policies and practices and the implications for noncompliance.

Reporting

Level 3

Competency Definition:

Ability to create reports for various SARS stakeholders as relevant, in a lucid and effective manner, keeping in mind the purpose of the reports.

Behavioural Indicators:

Integration of sourced data trends into basic position papers, proposals, or recommendations with concise and focussed communication in order to inform strategic direction. Able to design/ customise assessment reports to meet user needs. Prepares complex or tailored reports, gathers information from a variety of sources, analyses and includes in a report. Able to keep standard reports under review and propose improvements to meet user needs.