Job Category: Legal Officer (Personal-to-Job Category)

Transcription

1 REPUBLIC OF NAMIBIA OFFICE OF THE PRIME MINISTER Personnel Administration Measures (PAM) Job Category: (Personal-to-Job Category) Amendment Dates: (a) 1 April 2013: PSM Circular No 6 of Implementation of JEG 1. JOB DESCRIPTION This job category includes personnel involved at (a) Operational level with - (i) the preparation for and undertaking of criminal proceedings (including matters pertaining to appeals) in the lower courts, the High Court and Supreme Court; the adjudication of criminal and civil cases in the lower courts; the giving of legal advice; the drafting of bills and subordinate legislative measures; the undertaking of research with a view to law reform; the execution on behalf of the State and individual officers (in their official capacity) of tasks that under the law/according to custom must be/maybe performed by an attorney, notary or conveyancer; the acting as a legal aid council; the assistance to the Attorney General pertaining to special investigations and to the Ombudsman. (ii) the preparation and execution of investigations to ensure the correct administration and finalization of curatorship s/tutorship s, deceased and insolvent estates and the proper registration of trusts. (b) advanced operational level with the adjudication of criminal and civil cases in the Regional Court Division of the lower courts as well as the rendering of rulings and interpretations which in terms of statutory and other preconditions are entrusted to the Master of the High Court. Note Duty Sheets: The main objective of the job description is to define post levels to create posts, and not necessarily to establish detailed duty sheets. Detailed duty sheets are still to be compiled by the individual offices, ministries and agencies for various posts and kept supplementary to the job description for practical application. 2. GRADE, POST DESIGNATION AND FUNCTIONAL LEVELS Grade Post designation Functional Level Post Level 9 Assistant Operational 1 st Entry rank 8 Operational 2 nd Entry rank Entry post 6 Operational 3 rd Entry rank 1

2 Grade Post designation Functional Level Post Level 5 Supervisory 1 st Promotion post 3 o Deputy Prosecutor General o Deputy Government Attorney o Deputy Legal Advice o Deputy Legislative Drafting o Deputy Law Reform o Deputy Legal Aid Professional Management 2 nd Promotion post o Deputy Legal Services o Deputy Master of the High Court o Deputy Registrar: Supreme and High Court 2 o Chief Public Prosecutor o Government Attorney o Legal Advice o Legislative Drafting o Law Reform o Legal Aid o Legal Services o Master of the High Court o Registrar: Supreme and High Court Professional Management 3 rd Promotion post 3. DESCRIPTION OF THE FUNCTIONAL LEVELS Operational This level includes personnel who independently performs activities described in paragraph 1(a) and may supervise support staff where necessary. Advanced Operational This level includes personnel who independently performs activities in paragraph 1(b) or are responsible for the execution of less routine and more complicated specialised theoretical and practical activities, mentioned in paragraph 1(a) and who supervise occupationally related staff and support staff where necessary. Supervisory This level includes personnel who supervise occupationally related operational staff and if necessary overhead supervision of supporting staff. Professional (Occupational) Management This level includes personnel involved with the administration/management of an occupationally/ professionally/technically related organisational component(s). 4. SALARY STRUCTURE AND RELATED MEASURES 4.1 Scales of salary: Grade 9 N$ (P) Assistant Grade 8 N$ (P) Grade 6 N$ Grade 5 N$ (P) Grade 3 N$ Deputy Grade 2 N$

3 4.2 Appointment requirements: 1 st Entry: Assistant B. Juris Degree 2 nd Entry rank: (a) B. Juris Degree plus 3 years in-service experience as an Assistant plus certification of satisfactory performance. OR (b) BA LLB Degree 3 rd Entry rank: (a) B. Juris Degree plus 6 years in-service experience as an Assistant/ plus certification of satisfactory performance. OR (b) BA LLB Degree plus 3 years in-service experience as a plus certification of satisfactory performance. OR (c) BA LLB Degree plus Registration as provided for in the appropriate legislation. Note: (a) The years of experience required for appointment in an entry post, refer to actual in-service experience in the rank indicated. It means that irrespective of the number of years appropriate experience gained in another environment either inside or outside the Public Service, the indicated number of years must be served in the entry rank commensurate with the qualification /registration possessed. (b) The years of appropriate experience gained before entering the job category, is recognised in the normal manner as provided for in PSSR B. VI/II. (c) Translation from one entry rank to the next takes place on certification by the Permanent Secretary (or his/her delegate) of satisfactory performance in every respect. Such translation takes place with effect from the first day following the day upon which s/he has completed the required period of actual service. The minimum salary notch on the salary scale is awarded and the first day of the month of translation as incremental date. (d) The same principle as in (c) applies where a serving staff member obtains a higher qualification/registration which makes him/her eligible for translation to the next higher entry rank namely that a certificate of satisfactory performance must be issued by the Permanent Secretary (or his/her delegate) before translation may be effected. (e) A staff member who does not perform satisfactorily shall not be translated to such rank irrespective of the fact that s/he has served the required number of year s service in the rank concerned. Translation to the higher entry rank will take place if and when the Permanent Secretary (or his/her delegate) certifies that the staff member overcame his/her 3

4 shortcomings and performs satisfactorily, with effect from the first day of the month following the day on which the certificate was issued. 1 st Promotion post: Promotion to the 1 st promotion rank takes place on the basis of performance 4.3 Basis for salary recognition See note above and PSSR B.VI/II 4.4 Recognition of higher appropriate qualifications (a) Recognition of higher qualifications/registration takes place through translation to a higher entry rank. (b) Qualifications higher than a BA LLB plus registration are recognized by granting a cash bonus (PSSR B. IV/III). 4.5 Remunerative payments over and above salary (c) The following allowances are payable to incumbents of posts of: All designations (i) A Motor Vehicle Allowance in terms of PSSR D.VIII/I o Capital costs: N$ per annum o Running costs: N$ per annum o Total allowance: N$ per annum (ii) A Housing benefit of N$ per annum in terms of PSSR D.VII/V All Deputy designations (i) A Motor Vehicle Allowance in terms of PSSR D.VIII/I o Capital costs: N$ per annum o Running costs: N$ per annum o Total allowance: N$ per annum (ii) A Housing benefit of N$ per annum in terms of PSSR D.VII/V (a) A Motor Vehicle Allowance in terms of PSSR D.VIII/I o Capital costs: N$ per annum o Running costs: N$ per annum o Total allowance: N$ per annum 4

5 SCHEDULE OF TRANSLATIONS: LEGAL OFFICER IMPLEMENTATION DATE: 1 APRIL 2013 PRE-REVISED REVISED 1 APRIL 2013 Assistant Assistant Grade 3A L2 Grade 9 N$ N$ (P) Grade 3B L3 Grade 8 N$ N$ (P) ANNEX A Grade SP3 Grade 6 N$ N$ Principal Grade 4A (P) Grade 5 N$ N$ (P) Grade 4B (P) Grade 5 N$ N$ (P)

6 PRE-REVISED REVISED 1 APRIL 2013 Deputy Deputy Chief : Grade 5A (PM) Grade 3 N$ N$ Grade 5B (PM) Grade 2 N$ N$ Note: * - Take 1 April as new salary incremental date 6

7 ANNEX B AMENDMENT OF THE STRUCTURE OF POSTS: LEGAL OFFICER Posts are re-structured / re-graded / re-designated to posts in the revised structure with effect from 1 April 2013 as follows: PRE-REVISED REVISED 1 APRIL 2013 Assistant Assistant Grade 3A L2 Grade 9 N$ N$ (P) Grade 3B L3 Grade 8 N$ N$ (P) Grade SP3 Grade 6 N$ N$ Principal Grade 4A (P) Grade 5 N$ N$ (P) Grade 4B (P) Grade 5 N$ N$ (P) Deputy Deputy Chief : Grade 5A (PM) Grade 3 N$ N$ Grade 5B (PM) Grade 2 N$ N$