Job Description
M-Pesa is a pioneering fintech business and global market leader in mobile money. Starting from 2007 as a convenient means by which the unbanked and underbanked could make digital payments, M-Pesa has now grown to offer over 60 million active customers Financial Services, Enterprise, Merchant and Retail solutions. We are proud of our work in enabling the digital economy in our markets, and in driving financial inclusion.
M-Pesa Africa is the largest FinTech providing services to more than 60 million customers and 5 million businesses solutions across Financial Services, Enterprise, Merchant and Retail. We are now well on our way to becoming the preferred digital payment method across the markets that we serve, for both in-store, remote and online payments. With headquarters in both Nairobi and Johannesburg, we serve markets that include Kenya, Tanzania, DRC, Lesotho, Ghana, Egypt, Ethiopia, and Mozambique.
We are a united, energetic and passionate team. A place where leaders coach, teams connect, and everyone is empowered to go further, faster. A place where heroes become superheroes; through growth, opportunity, and the chance to work with the best minds in FinTech.
The Senior Legal & Regulatory Affairs Manager will lead the Legal and Regulatory function at MPA, driving strategic legal initiatives, thought leadership and governance while also working across the Group and being the interface between regulatory functions and the Group Regulatory function, ensuring compliance with all relevant laws and regulations across various African markets and MPA subsidiaries.
Responsibilities
Legal Support and Oversight
- Negotiate and draft complex partnership agreements with the key MPA Partners.
- Where required liaise with Vodafone/Vodacom/Market on the delivery of joint targets in relation to the legal relationship between Safaricom and Vodafone/Vodacom/MPA on M-PESA related matters e.g. Trademark matters, M-PESA managed service agreements, IMT (international money transfer) agreements.
- Participate and actively contribute to stakeholder review sessions on legislative issues materially affecting Financial Services, such Anti- Money Laundering, Electronic Financial Services, and Communications etc.
- Ensure timely submission of monthly and ad hoc reports as may be requested.
- Dispute management for litigation matters that arise from MPA contracts.
- Ensure timely submission of monthly and ad hoc reports as may be requested.
- Dispute management for litigation matters that arise from MPA contracts.
- Provide general legal advice to MPA on a case by case basis.
Manage the IP Assets of MPA.
Regulatory inputs into Group commercial planning processes
- Ensure regulatory matters, which have material value, are accounted for correctly in OpCo business plans, budgets, and strategies.
- Develop and implement regulatory strategies to ensure compliance with all local and international regulatory requirements.
- Embed regulatory considerations in Group commercial product development to ensure product alignment with regulatory requirements in deployment markets.
Mobile Financial Services regulatory and Tax Policy support
- Provide regulatory advice and support to Group OpCos on key issues identified in Group Regulatory Team Strategy and as requested leveraging experts from Vodacom, Safaricom and Vodafone. Notably focusing on Mobile Financial Services policy, regulatory and tax issues.
- Group in-country representation at national, regional and global policy events to support Group and OpCo advocacy strategy.
Group regulatory governance and reporting
- Act as a key interface between the Head of Regulatory and other departments within the organization
- Provide regulatory input to ensure that, M-Pesa Africa Management, Vodacom Management (and Vodafone Management in accordance with Delegation of Authority) are briefed on the value and risk of material legal and regulatory issues.
- Provide other reports and information required by M-Pesa Africa, Vodacom Management and Vodafone Group as may be required from time to time.
Group-wide policies and strategies
- Working with the team, support the development of Group-wide policies and strategies, which can be used by Group and OpCo representation with key stakeholders and regulators.
- Monitor and ensure timely compliance with findings of regulatory inspections and audits.
Regulatory community and development programmes
- Monitor and interpret regulatory developments and industry trends in key M-Pesa and African markets.
- Participate in and contribute to “Regulatory Community” programme and activities to ensure that we are leveraging benefits of global company with strong local roots, specifically in area of mobile financial services regulation and tax policy.
- Provide Mobile Financial services regulation and taxation policy contribution to Regulatory Development Programme to increase understanding and build capability across the community, including coaching, training, presentations, workshops.
- Support Group regulatory capacity building initiatives to enhance regulatory knowledge and awareness across the organization and key stakeholders.
Strategy and new business regulatory support
- Provide regulatory support to Group Strategy and new business activities, including due diligences and assessments of opportunities.
Regional and sub-regional institutions engagement
- Provide regulatory support on matters being worked on by regional and sub-regional institutions (i.e. ITU, ATU, SADC, CRASA, COMESA, EAC) to secure regulatory decisions and minimise risk. Notably focus on Mobile Financial Services and Taxation Regulation.
Compliance with all relevant laws and regulations across various African markets
- Provide the M-Pesa Africa business skilled and specialized professional legal services, with an emphasis on contractual drafting, negotiation and review, legal research, legislative watch, and regulatory support on an ongoing basis.
- Provide legal input and support on a wide range of legal matters such as contracts, legislative compliance, litigation, employment law, intellectual property, and corporate governance.
- Provide legal advisory support services to M-Pesa Africa to ensure statutory compliance with existing law and regulatory requirements.
- Liaise with external counsel handling legal matters on behalf of M-Pesa Africa.
- Together with the internal audit and risk teams, undertake internal legal compliance audits.
- Provide legislative watch and update the business on any new legislation that affects M-Pesa Africa and its operations, while ensuring collaboration with the regulatory and public policy team to provide comments or feedback for any draft laws prior to gazettement and collaborate with legislative stakeholders to ensure the interests of the business are met and protected, as applicable.
Key performance indicators:
- Regulatory Compliance Rate: Measure the percentage of compliance with local and international regulatory requirements across all markets.
- Legal Issue Resolution Time: Track the average time taken to resolve legal issues, including contract negotiations, litigation, and compliance matters.
- Stakeholder Engagement and Satisfaction: Evaluate the level of engagement and satisfaction among internal and external stakeholders, including regulatory bodies, business units, and external counsel.
Qualifications
- Degree in Law from a reputable commonwealth university
- Diploma in Laws from the Kenya School of Law;
- Minimum of 10 years of experience in regulatory affairs within the financial services industry.
- Other post graduate diplomas or certificate courses suitable for the role in legal matters such as arbitration/mediation & negotiation skills, AML, IP, Legislative Processes/Drafting, etc.
- Demonstrated success in developing and implementing Legal and regulatory strategies.
- Strong leadership abilities and a strategic mindset.
- Excellent communication, negotiation, and stakeholder management skills.
- Proven experience working across multiple African markets, with a strong understanding of pan-African regulatory requirements.
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