General Counsel at Millennium Challenge Account Lesotho

June 26, 2023

754

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.

Position Objective

MCA-Lesotho II wishes to appoint a legally astute individual to the position of the General Counsel and Corporate Secretary. The incumbent will serve as a critical member of the senior management team of the Accountable Entity (the MCA-Lesotho II) identified in the compact (Compact) between the Kingdom of Lesotho and the United States of America, acting through the Millennium Challenge Corporation (MCC). The General Counsel will serve as the principal legal officer and senior policy advisor on legal matters, as well as a technical resource to the MCA-Lesotho II governing board (Board) and management team and other staff of the MCA-Lesotho II. The General Counsel will also serve as the corporate secretary to the Board. The General Counsel may have responsibility for managing and supervising subordinate staff and other legal resources as may be necessary for proper functioning of the MCA-Lesotho II. The General Counsel will be expected to carry out the following among his or her primary responsibilities.

Primary responsibilities

Provide or coordinate the provision of legal advice on all issues affecting the internal operations of the MCA-Lesotho II, 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. Coordinate training and advice on MCC policies and applicable laws, regulations, and other policies relevant to the prevention, detection, and correction of fraud and corruption. Coordinate 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-Lesotho II, MCA-Lesotho II contractors, and, where appropriate, implementing entities of the government of Lesotho (Government) designated in accordance with the terms of the Compact and related agreements.
Ensure that MCA-Lesotho II activities comply with: (i) the obligations of the MCA-Lesotho II contained in the Compact and all related agreements or otherwise delegated to the MCA-Lesotho II by the Government; (ii) all agreements entered into under or in furtherance of the Compact; (iii) all applicable laws and regulations of Lesotho; (iv) all of the MCA-Lesotho II’s organizational and governance documents, including any law or decree related to the creation or operation of the MCA-Lesotho II and the MCA-Lesotho II’s bylaws or other governing documents; and (v) any other applicable laws, regulations, policies, and agreements.
Advise the Board, the management team, and the staff of the MCA-Lesotho II 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-Lesotho II compliance with its obligations or other legal matters.
Serve as the Corporate Secretary of the Board. This includes developing 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-Lesotho II (including any law or decree related to the creation or operation of the MCA-Lesotho II and the MCA-Lesotho II’s bylaws or other governing documents). This function also includes responsibility for ensuring all necessary and appropriate records are produced and maintained by the MCA-Lesotho II.
Participate in negotiations, and draft, review, and advise on all types of contracts and other documents to be executed by the MCA-Lesotho II.
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.
Advise the Board and the MCA-Lesotho II regarding employment matters, including drafting and negotiating employment agreements, ensuring that such agreements and MCA-Lesotho Human Resources policies and procedures are in compliance with the applicable laws and regulations of Lesotho and MCC policies and requirements.
Provide guidance on legal implications of procurement and financial activities that may be undertaken by the MCA-Lesotho II. 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, or manage the representation of, the MCA-Lesotho II before courts, regulatory, and administrative bodies, and in arbitration and other proceedings.
Act as the main liaison between the MCA-Lesotho II and MCC on legal matters relating to the implementation of the Compact.
Recruit, supervise, and manage junior legal officers and other staff within the MCA-Lesotho II, as may be necessary.
Determine the need for additional legal experts (including outside counsel), identify possible sources for such experts, assist the MCA-Lesotho II Procurement Director in the procurement of such experts, provide recommendations on particular legal tasks that should be outsourced to an outside counsel, and manage such outside counsel.

Perform such other responsibilities that are commonly exercised or incidental to the position of 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-Lesotho II.

Required Competencies

Law Degree, qualified and in good standing to practice law in Lesotho.
Minimum ten (10) 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.
Knowledge of, and experience with the laws of Lesotho encompassing a diverse range of legal issues, including contract, corporate, construction, employment, especially in transactions or situations involving foreign investors or foreign governments, or experience representing foreign investors in transactions or situations involving the Government. Experience in international commercial transactions financing is desirable.
Experience advising entities in negotiating, executing, and implementing international agreements with foreign governments.
Experience working as or with a corporate secretary on governing board and corporate governance, compliance, and record keeping matters.
Experience in administering or providing advice regarding tax exemptions under local law.
Proven ability to work in a national and international context.
Demonstrated ability to coordinate with Government entities to ensure smooth implementation of MCA-Lesotho II activities.
Ability to work with multidisciplinary teams and institutions is desirable.
Proven supervisory or management experience of attorneys and other staff is desirable.
Demonstrated professionalism, good judgment, and flexibility to meet the needs of the position.

Fluency in English (written and verbal) is required; and proficiency in Sesotho (written and verbal) is preferred.

How to apply

Applications must be submitted on-line, on or before the application deadline July 18^th, 2023.

Applications should be accompanied by the following documents:

Curriculum vitae containing detailed work experience;
Cover letter confirming interest and availability;
Soft copies of higher education and professional certificates (if available);

Only applications that come in before or on the application deadline will be considered.

We thank all applicants. However, note that only shortlisted candidates will be contacted. Submit your applicationonline via: https://lesotho-jobs.tenderwell.app