Management of Litigation for or Against the Department
This sub-directorate manages all litigation for and against the Department. Legal advisors will initiate legal proceedings where the Department has any legal claim. Equally the legal advisors will defend the interest of the Department in any Litigation matter and liaise with State attorneys office in respect of any litigation matters.
Legislative Drafting and Compliance
Legal Advisors draft and review all Provincial Legislation relating to Education. They advise officials on all amended Legislation and carry out workshops in order to inform officials, Principals, School Governing Bodies and relevant stakeholders on the implications of amended Legislation. Legal Advisors also provide legal advise on Legislative Compliance in order to ensure that the Department complies with National and Provincial Legislation.
Drafting and Vetting of Contracts
The legal advisors receive instructions from Directorates that require assistance in drafting of any contracts between the Department and any other Parties e.g. Service Level Agreements, Memorandum of Understandings ,Leases etc. The Legal Advisors will either draft contracts from scratch or will vet any contracts already drafted in order to ensure that the interest of the Department is protected at all times.
Provision of Legal Opinions and Advice
Legal advisors provide legal opinions on a variety of issues (including provision of advise to committees, task teams, special projects, arbitrations, labour matters etc) whenever requested to do so by the MEC, the Head of Department, officials, directorates or schools and depending on availability of staff.