Job Description

Legal Counsel - Millennium Challenge Account (MCA) – Malawi II

About MCA

The Government of Malawi signed a five-year agreement (“Compact”) with the Millennium Challenge Corporation (“MCC”) to fund specific programs targeted at reducing poverty and stimulating economic growth. MCC is a U.S. government agency focused on assisting countries dedicated to good governance, economic freedom, and investing in people. An Accountable Entity called the Millennium Challenge Account-Malawi II (“MCA-Malawi II”) has been created and designated by the Government of Malawi to implement the Compact

Malawi compact

The Compact consists of three projects namely;

1. The Accelerated Growth Corridors Project (AGC) which will focus on reducing the costs of transport in targeted rural areas. Under the AGC Project, the Road Corridor Improvement (RCI) Activity will target investment in physical upgrades and improvements across different classes of roads within four selected Accelerated Growth Corridors (AGCs) to improve rural access by addressing road conditions and reducing transport costs. The Policy and Institutional Reform and Capacity Building (PIR) Activity will focus on assistance to the Government to address policy, legislative, institutional, and funding issues to ensure that road transport in AGC areas is well-maintained and managed.

2. The Increased Land Productivity Project will focus on improving land services, strengthening conditions for increased investment in land and better functioning land markets through two main activities: the Land Administration Resourcing and Institutions Activity – which will support development, adoption, and implementation of reforms to expand national land-based revenues and address institutional change – and the City Council Land-Based Revenue Modernization Activity, which will expand coverage and collection of land-based revenues, to increase resources for key services and increase investment in land and finally,

3. The American Catalyst Facility for Development Project will focus on facilitating U.S. International Development Finance Corporation (DFC) investment in Malawi to catalyze increased private investment consistent with Compact objectives and increase the scale and impact of the Compact.

Legal Counsel

Position Objective

The Legal Counsel and Corporate Secretary (General Counsel) will serve as a critical member of the senior management team of MCA-Malawi II. The Legal Counsel will serve as the principal legal officer and senior policy advisor on legal matters, as well as a technical resource to the MCA governing board (Board) and management team and other staff of the MCA. The Legal Counsel will also serve as the corporate secretary to the Board of the MCA. The Legal Counsel may have responsibility for managing and supervising subordinate staff and other legal resources as may be necessary for the proper functioning of the MCA.

Primary responsibilities

• Guide the strategic development of MCA-Malawi II, ensuring that liabilities and risks are addressed, and all aspects of implementation are compliant with national legislation, the Compact, the Program Implementation Agreement, Supplemental Agreements, and various MCC policies and procedures.
• Lead and manage the provision of legal advice on all issues affecting the operations of MCA-Malawi II, including government contracts and other agreements, thirdparty commercial contracts and other agreements, procurement, tax, and fiscal law, corporate governance, and records management.
• Identify, and advise on, situations that may involve elements of fraud and corruption and/or conflicts of interest in the implementation of the Compact.
• Provide, or manage the provision of, training and advice, on MCC policies and applicable laws, regulations and other policies relevant to the prevention, detection, and correction of fraud and corruption.
• Provide, or manage the provision of, training and advice on matters of ethical behavior, including the avoidance of conflicts of interest and policies governing confidentiality and transparency, including training the Board, the management team, other staff of MCA-Malawi II, and, where appropriate, implementing entities of the Government of Malawi designated in accordance with the terms of the Compact.
• Represent MCA-Malawi II in its interactions with the Board and with MCC.
• Represent, or manage the representation of, MCA-Malawi II before courts, regulatory, and administrative bodies, as well as in arbitration and other proceedings.
• Lead legal negotiations between MCA-Malawi II and the Government of Malawi or with external partner organizations or contractors, ensuring that MCA’s interests are represented, and that risks are identified and mitigated.
• Lead legal negotiations, and draft, review, and advise on all types of contracts to be executed by MCA-Malawi II.
• Establish legal templates, procedures and by-laws of the Board, and ethics standards and frameworks consistent with MCC requirements, Compact requirements, and local statutes.
• Review legal requirements, evaluate Compact requirements and assist the Directors of HR and Administration to develop the Human Resources framework and a staffing plan aligned with the overall plan of MCA-Malawi II and in accordance with MCC personnel management policies, and national labor legislation and regulatory requirements.
• Recruit, supervise, and manage junior legal officers and other staff within MCA, as may be necessary.
• Ensure that MCA-Malawi II activities comply with: (i) the obligations of the MCA contained in the Compact, including various MCC policies and procedures referenced therein, or as otherwise delegated to MCA by the Government, (ii) all supplemental agreements entered into under or in furtherance of the Compact, (iii) all applicable Malawi laws and regulations, (iv) all of MCA organizational and governance documents, including any law or decree related to the creation or operation of MCA and MCA’s bylaws or other governing documents; and (v) any other applicable laws, regulations and agreements.
• Advise the Board, the management team, and the staff of MCA on legal issues and address legal issues as they arise; this may include preparing and submitting reports on a periodic basis to the Board/operations unit that identify any problems (and recommended solutions) encountered in compliance with its obligations or other legal matters.
• Act as Corporate Secretary of the Board, including 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 MCA (including any law or decree related to the creation or operation of MCA and MCA’s bylaws or other governing documents). This function also includes responsibility for ensuring all necessary and appropriate records are produced and maintained by MCA.
• Advise the MCA-Malawi II and the Board regarding employment matters, including drafting and negotiating employment agreements.
• Provide guidance on legal implications of procurement or financial activities that may be undertaken by MCA-Malawi II.
• Determine the need for additional legal experts (including outside legal counsel), identify possible sources for such experts, assist the Procurement Director in the procurement of such experts, identify particular legal tasks that should be outsourced to an outside legal counsel, and manage such outside legal counsel.
• Advise representatives of Government bodies, including Ministries, Parliament, and other public agencies, regarding the Government’s responsibilities under the Compact and all related agreements.
• Act as the primary liaison between MCA-Malawi II and MCC on legal matters relating to the implementation of the Compact.
• Such other responsibilities that are commonly exercised or incidental to the position of General Counsel and Corporate Secretary or as may be delegated from time to time by the Board or the MCA management team.

Required Competencies

• Must hold an appropriate degree in law (Masters’ – BAC+5/6) or specialized Master’s in Law and be qualified and certified in good standing to practice law in Malawi.
• Minimum of ten (10) years of relevant experience working at a law firm or as legal counsel in Malawi, preferably also with some experience serving as in-house counsel.
• Knowledge of, and experience with, both international law and the laws of Malawi encompassing a diverse range of legal issues, including contract, corporate, construction, employment, tax, and procurement laws and regulations, especially in transactions or situations involving foreign investors/foreign governments, or experience representing foreign investors in transactions or situations involving the Government. Experience in international commercial transactions and project and structured financing is a plus.
• Experience advising entities in negotiating, executing, and implementing international agreements with governmental entities located in foreign countries. Experience in US-funded projects is a plus.
• 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 the laws of Malawi
• Proven ability to liaise and coordinate with other Government entities to ensure smooth implementation of a program’s activities.
• Proven ability to work in a national and international context.
• Demonstrated professionalism, good judgment, and flexibility to work, as may be necessary, outside normal work hours to meet the needs of the position.
• Strong interpersonal skills and the ability to establish and maintain effective working relationships with people of different backgrounds.
• Proven supervisory or management experience of attorneys and other staff.
• A responsible and flexible attitude and capacity to simultaneously manage a variety of tasks, responsibilities, and shifting priorities and deadlines without supervision.
• The ability to work under pressure and against tight deadlines.
• Ability to work with multidisciplinary teams and institutions.
• Strong computer skills (MS Office, internet research and navigation).
• Must demonstrate from previous work experience the ability to collaborate effectively with peers as well as work across departments or divisions.
• Must demonstrate a history of delivering high-quality projects on time and within budget.

How to apply

Applications must be submitted on-line, on or before the application deadline July 26th, 2023.
Applications should be accompanied by the following documents:

1. Curriculum vitae containing detailed work experience;
2. Cover letter confirming interest and availability;
3. 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, only shortlisted candidates will be contacted.