Position: Legal and Regulatory Specialist
Contract Type: Independent Consultant Agreement in South Africa
Recruitment Type: International ICA and Southern African residents
Project: Southern Africa Energy Program (SAEP)
Activity: SALGA training on PPP approaches for energy infrastructure project development
Location: Pretoria, South Africa preferred but will consider candidates in other locations
Estimated Delivery Window: From September 2021 to December 2021
Estimated Level of Effort: 3 days a week
Application Closing Date: TBC 2021
Deloitte Consulting Overseas Projects LLC seeks individuals who have a passion for making a difference in the lives of people in the Southern African region and demonstrate leadership, versatility and integrity in their work. We are seeking exceptional International Consultants and Southern African residential candidates for the USAID Southern Africa Energy Program (SAEP), a Power Africa initiative.
The objective of USAID’s Southern Africa Energy Program (SAEP) is to increase electricity availability and access in Southern Africa. This is to be done by facilitating transactions and strengthening the enabling environment for public and private sector investment in the power sector. SAEP will address five (5) key constraints to such investment: i) ineffective regulation, planning and procurement for energy; ii) low commercial viability of utilities; iii) limited regional harmonization and cross border electricity trade; iv) lack of demonstrated and scaled clean and renewable energy and energy efficiency technologies and practices, and v) weak institutional and human resource capacity for energy sector management.
As part of addressing weak institutional and human resources capacity for energy sector management in South Africa, SAEP is collaborating with the South African Local Government Association (SALGA) to build the capacity of municipalities (local government) in revenue management.
Position Description, Objectives and Project Overview:
Deloitte Consulting LLP seeks a short-term Legal and Regulatory Specialist to support Outcome 1 of the USAID Southern Africa Energy Program (SAEP): Improved Regulation, Planning and Procurement of Energy. The Legal and Regulatory Specialist will help SALGA and municipalities gain an understanding of the legal and regulatory framework that supports the use of PPP approaches to energy infrastructure development in South Africa by preparing a training for SALGA and these municipalities. Specifically, the training will seek to:
Raise the body of knowledge among the attendees on the structures and uses of various types of PPPs.
Describe the legal and institutional framework within which PPPs operate in South Africa (critical this covers the requirements of environmental legislation and/or regulation – see Section XIII Environmental Analysis).
Provide training on the mechanics of implementing PPPs in a local government setting
The 2018 SALGA Energy Summit noted a trend towards decentralization. The trend is currently being led by private sector companies and some government institutions building their own generation capacity for self-consumption and to feed into the grid. This trend is motivated by the need for cheaper and more reliable energy sources to mitigate the possibility of increasing electricity tariffs, as well as the unreliability of electricity from the main grid. Another concern that the municipalities will need to address in the near term is the need to modernize their grids this should be considered when new capital plans for refurbishments and new infrastructure are developed. Newer technologies that align with a vision to the creation of smart grids and later integration with the Internet of Things (IoT) systems need to be considered as part of municipalities’ energy technology roadmaps.
Additionally, in light of shrinking national budgets and the increasing inability to fund infrastructure projects from the fiscus, partnerships between the public and private sector have become important the main aim being to enable the deployment of private capital and expertise for the development of infrastructure projects. This SoW covers training for SALGA and municipalities on Public-Private Partnership (PPP) basics, as well as the enablers and barriers in the South African context. One of the enablers that will be looked at is the regulatory framework that governs municipal PPPs.
Roles and Responsibilities:
1. Support to determine a target audience and focus areas for the training
The purpose of this task, which the Legal & Regulatory Specialist will provide input into, is to identify a target audience and focus areas in collaboration with the SALGA POC and their team.
Key Activities:
Identify recipients of the training
Development of the municipal invitation to participate in the training programme
Determining the focus areas for the training and document compilation based on the needs of the target audience
The SAEP internal team will manage the development of this task/deliverable, including engagement with counterpart and training participants, but the Legal & Regulatory Specialist will be required to provide considerable input into this task.
2. Develop reference manual for participants
The purpose of this task, which will be completed primarily by the Legal & Regulatory Specialist, is to compile a PPP Reference Manual.
Key Activities:
Whilst the SAEP internal team will be available to support, it would be expected that the Legal & Regulatory Specialist would be responsible for development and delivery of this task/deliverable.
3. Preparation of Training Materials
The purpose of this task, which will be completed primarily by the Legal & Regulatory Specialist, is to develop training materials that align with the contents of the reference manual.
Key Activities:
Whilst the SAEP internal team will be available to support, it would be expected that the Legal & Regulatory Specialist would be responsible for development and delivery of this task/deliverable.
4. Deliver training
The purpose of this task, which will be completed primarily by the Legal & Regulatory Specialist, is to deliver training virtually to SALGA and target municipalities.
Key Activities:
Consult with SALGA and municipalities on logistics including the appropriate teleconferencing platform
Deliver training in compliance with USAID requirements for delivering training i.e.
Keeping a gender disaggregated attendance register
Developing and obtaining approval from SAEP for training material
Administering a pre- and post-training assessment
Whilst the SAEP internal team will be available to support, it would be expected that the Legal & Regulatory Specialist would be responsible for development and delivery of this task/deliverable.
5. Provide input into Summary Activity Report
The purpose of this task is to provide input into an activity report that has key insights from the execution of the activity (including knowledge gaps that remain to be addressed), as well as next steps for SALGA and the municipalities. The report should also contain all the material developed for the activity as part of the main report or as annexures.
The SAEP internal team would take a more central role in the development of this task/deliverable, including engagement with counterpart and training participants, but the Legal and Regulatory Specialist would be required to provide considerable input into this deliverable/task.
Minimum Skills, Educational Qualifications and Experience:
Bachelor’s degree (master’s advantageous) in an energy-related engineering field. An advanced degree in law or public policy would be advantageous
Ten (10) years of professional experience working in the energy sector with a focus on legal and regulatory issues
Experience analyzing energy policy, legal, and regulatory matters pertaining to public private partnerships in sub-Saharan Africa with a preference for Southern Africa
Experience advising public private partnerships, power sector concessions to private sector entities, or negotiating power purchase agreements
An understanding of the challenges in municipal infrastructure
Excellent oral and written communications skills, including demonstrated ability to communicate effectively with different stakeholders with diverse education levels and in a multi-cultural environment
Strong individual initiative, including the ability to take ownership of work and work product, motivate others to produce strong work product and solve problems
Strong understanding of and demonstrated experience working in the Southern African power sectors. A broad knowledge of technology and policy developments within the power and related sectors is an advantage
Proficient English required
High proficiency in Microsoft Office suite (e.g., Excel, PowerPoint, Word)
Application Instructions:
Please send a cover letter and a CV (PDF or word format) that includes contact information and three references to [email protected] by COB TBC 2021. Please include the title of the position you are applying for in the subject line of the email. No telephone inquiries. Only shortlisted candidates will be contacted.
Deloitte Consulting Overseas Project LLC is an equal opportunity employer and does not discriminate in its selection and employment practices. All qualified applicants will receive consideration for employment without regard to race, colour, religion, sex, national origin, political affiliation, sexual orientation, gender identity, marital status, disability, or protected veteran status, genetic information, age, membership in an employee organization, or other non-merit factors.