General Counsel – MCA Zambia II

General Counsel – MCA Zambia II

About MCA Zambia II

The Millennium Challenge Account (MCA) in Zambia, collaborating with the Government of the Republic of Zambia and the Millennium Challenge Corporation (MCC) of the Government of the United States of America, delivers projects under the $491.75 million Farm to Market Compact (Compact) that promotes agriculture and agro-processing in the country through the implementation of the Roads and Access Project, Asset Finance Project, Agriculture Policy Reform and Institutional Strengthening (Ag PIR) Project, and American Catalyst Facility for Development (ACFD) Project. More information on the Compact can be found in the following link: https://www.mcc.gov/where-we-work/program/zambia-farm-to-market-compact/“.

The MCA Zambia II offices are in Lusaka, Zambia.

General Counsel

Position Objective

The Legal unit provides legal advisory and review support to the MCA and MCA Board and ensures that the MCA’s agreements, contracts, and actions comply with local/national legislation and are consistent with MCC requirements and guidelines to mitigate risk and protect the organization.

The General Counsel provides legal advice and guidance to the MCA and MCA-Zambia II Board of Directors, focusing on interpreting national and local legal requirements and assessing the legal compliance and risk of the MCA’s current policies, systems, and practices. The General Counsel advises on the evolving legal and regulatory environment and is central to the continued delivery of the MCA across Programs and Operational functions toward achieving the Compact objectives.

Primary Responsibilities

• Analyze the legal frameworks and requirements applicable to the MCA to determine and create strategies, policies, and recommendations for avoiding or mitigating legal and regulatory risks or to ensure compliance with relevant statutes throughout the MCA’s programmatic and operational activities.
• Oversee the provision of legal services by internal and external legal counsel.
• Advise the CEO, MCA Zambia II Board of Directors, and managers within the MCA on compliance with regulatory and legal requirements and opportunities/challenges emerging in the legal or regulatory environment to ensure the Compact’s compliance and responsiveness.
• Act as Corporate Secretary of the MCA-Zambia II Board of Directors (Board), which includes advising the MCA and the Board on corporate governance matters, and establishing and implementing procedures for the meetings of the board and ensuring that Board meetings and actions comply with the requirements of the Compact, all related agreements, and the relevant governing documents of the MCA.
• Guide MCA’s CEO, programmatic, and operational managers on the legal implications of employment, procurement, and financial activities as they design and implement projects.
• Represent or manage the representation of the MCA before courts, regulatory, and administrative bodies, as well as in arbitration and other proceedings to communicate the MCA’s perspective and defend its interests.
• Monitor the implementation of MCA activities to ensure that established legal and regulatory requirements are complied with and emerging risks are anticipated and addressed throughout the Compact.
• Establish policies and practices that build an ethical and legally well-informed culture within the MCA consistent with the MCC’s standards on anti-corruption, transparency, and accountability.
• Recruit, supervise, and manage junior legal officers and other staff within MCA as necessary.
• Help identify and advise on situations involving fraud and corruption and/or conflicts of interest in implementing the Compact.
• Draft, advise, and negotiate all types of contracts and legal agreements to be executed by MCA-Zambia II to implement the Compact.
• Determine the need for additional legal experts (including outside counsel), identify possible sources, assist the Procurement Director in procuring such experts, provide recommendations on legal tasks that should be outsourced to an outside counsel, and manage such outside counsel.
• Cooperate with and advise representatives of government bodies, including ministries and the National Assembly, regarding the Government’s responsibilities under the Compact and Supplemental Agreements.
• Participate in the drafting and review of deliverables required by the terms of the Compact and related agreements to ensure legal sufficiency and the proper and timely delivery of such deliverables.
• Oversee the tasks and daily responsibilities of the Legal Manager and Paralegal.

Required Competencies

• Advanced University degree in Law (LLM).
• Minimum of eight (8) years of experience at the executive management level in providing legal advice and analysis as legal counsel/representative.
• Eligibility for registration as a Lawyer in the Zambia Law Society. MCA will support candidate in securing membership, including covering associated fees, if needed.
• Knowledge of and experience with international law and Zambia’s laws encompassing a diverse range of legal issues, including contract, corporate, construction, employment, tax, and procurement laws and regulations.
• Knowledge of and experience with infrastructure contracts is required, Knowledge of and experience with FIDIC contracts is preferred.
• Proven ability to liaise with other government entities to reach a common goal.
• Ability to work with multidisciplinary teams and institutions.
• Demonstrated ability to collaborate effectively with peers as well as to collaborate effectively across departments or divisions.
• Experience representing the Government in transactions or circumstances involving foreign investors/foreign governments or experience representing foreign investors in transactions or circumstances involving the Government is highly desired.
• Experience advising entities in negotiating, executing, and implementing international agreements with governmental entities in foreign countries is highly desired.
• Experience working for or with development finance institutions is highly desired.
• Experience working as or with a corporate secretary on a governing board and corporate governance, compliance, and record-keeping matters is highly desired.
• Experience working on US government-funded projects is desired.
• Fluent written and verbal communication skills in English. Communication skills in local language(s) are strongly desired.

Diversity Statement:

“MCA Zambia is committed to equal opportunities for all and does not discriminate on grounds of race, gender, religion, disability or any other status. Women and minority candidates are encouraged to apply”.