Difference between revisions of "Varsha Sewlal"

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{{People
 
|portrait=Varsha SewlalPortrait.jpg
 
|caricature=Varsha SewlalComing1.png
 
|organization=Department of Justice, NCUC
 
|jobtitle=Master of the North-Gauteng High Court
 
|gender=Female
 
|region=Africa
 
|country=South Africa
 
|stakeholdergroup=Government/Inter-Governmental Organization
 
|newsletter=Subscribe to our Newsletter
 
}}
 
Varsha Sewlal is an admitted attorney with a Bachelor of Social Science, LLB degree as well as postgraduate Master’s degree (LLM - specialising in Commercial Law). The core focus area of the degree relates to Banking Law, Legal aspects of Electronic Commerce (Internet Law), Banking Law and Usage, Environmental Law, Advanced Constitutional Law and Fundamental Rights and the Drafting of Commercial Contracts. She is a completed a specialist program in Intellectual Property Law with the WIPO (World Intellectual Property Organisation) based in Geneva, Switzerland.
 
  
Sewlal has over 21 years of work experience of which 16 years were spent in senior management in the public sphere. Her work experience relates to the drafting and vetting of commercial contracts and agreements. She is responsible for identifying the institutions rights and obligations in terms of contracts and manage the execution process of contracts, the direction and management of legal strategies, identifying risks, decisions on litigation processes, ensuring a sound strategy of legal compliance, setting up of the internal legal compliance framework.
 
==Career History==
 
* 2017 - Current, Department of Justice and Constitutional Development, Acting Chief Director Legal Services: Project Leader on the Transformation of State Legal Services
 
* Comparative study of Solicitor General and similar offices internationally. Field research on service delivery and gaps in state attorney offices. Development of an electronic practice management system, electronic diary system, electronic prescription alerts, electronic desktop litigation resource manual, development of e-learning systems
 
Research on Solicitor General, Comparative Analysis,Mediation,State Litigation
 
• Policy Development,
 
• Stakeholder Management:  State Attorneys, Law Societies, Bar Councils, State Departments: presenting at stakeholder forums on policies. Developing stakeholder forums to improve relations with state attorneys and develop standardised working mechanisms to improve and enhance performance.
 
• Developing litigation strategy.
 
• Drafting policy
 
• Recommendations on development of an electronic practice management system, electronic diary system, electronic prescription alerts, electronic desktop litigation resource manual, development of e-learning initiatives
 
• Development of e-government systems
 
 
Organisation Department of Justice and Constitutional Development
 
* Job Title Master of the North-Gauteng High Court( Head of Office) from 1st July 2016 to date (8 years and 11 months- Senior Manager) Master of the Durban High Court( Head of Office from 1 January 2009)
 
* Period 1st January 2009 to date
 
Key Responsibilities -
 
 
Oversee the regulation of Deceased Estates, Insolvencies, Curatorship’s and Trusts, Guardians Fund verifications and applications, strategic and operational leadership of the  Masters Office.
 
 
Conducting of legal research and analysis, policy development
 
 
 
Project Management of e-systems in the Masters environment,
 
 
deployment of e-services to all magistrates courts,e-filing, policy development ,
 
• Implementation of Paperless Estates Administration System (E-filing),
 
 
 
Project Manager on the use of advanced electronic signatures in issuing insolvency certificates,
 
• development of e-learning modules,
 
• electronic diary management,
 
• research in e-filing and e-government systems.
 
 
Management of Litigation
 
Preparation of briefs  and court reports
 
 
Monitoring and Evaluation, Developmental Interventions,
 
 
Results-Based Management, Improved planning processes, Improve accountability, transparency through Monitoring and Evaluation for the departmental branch. Encompassing citizen engagement in improving service delivery.
 
 
Development of value chain, service delivery and evaluation systems to enhance productivity.
 
Development of co-operation agreements to enhance productivity
 
 
Liaising with local and foreign high-level state officials, advanced stakeholder management
 
Ensure effective and efficient financial and human resource management. Planning and management of Budgets, procurement processes and administration of the Masters branch Durban.
 
Manage effective and efficient service delivery
 
Ensure professional rendering of Masters services
 
 
Provide leadership, direction and training to legal professionals and management team
 
Represent the office in relationships with internal and external stakeholders, NGO’s, International organisations and CSO’s, hosting of international delegations
 
 
Represented the  Branch at the International Association of Insolvency Regulators(IAIR),AGM and Conferences, Completion of surveys
 
Develop and implement strategies for the effective management teams to ensure that all service level agreements are adhered to. Performance targets exceeded due to the introduction of systematic mechanisms to supervise registries and groups.
 
 
Drafting of complex legal opinions, court reports, internal policy directives, projects for the Chief Master
 
Served on National Moderating Committee performance assessments, Regional Asset Disposal.
 
Medium Term Strategic Framework reports, business plans, skills plans, strategic planning.
 
 
Management of a staff complement of  100.
 
Render strategic direction and leadership, promotion of intergovernmental and stakeholder relations, deliver strategic advice, leadership and direction.
 
 
Project Management. Pioneering of Durban as a pilot site for Legal Aid projects, SARS project, e-learning (Accounts)in collaboration with Justice College.
 
 
Development of communication strategies in line with prescripts, management of all complaints.
 
 
Guardians Fund Act, Administration of Deceased Estates Act, Mental Health Care Act, Insolvency Act, Companies Act, Close Corporations Act, Trust Property Control Act, Intestate Succession Act, Recognition of Customary Marriages Act,
 
Knowledge of -Government Policy Framework, state communication strategy, Corporate Governance (King III), public service governance frameworks, Public Finance Management Act, 1999 (Act 1 of 1999) (PFMA), Treasury Regulations, the Public Service Act, 1994 (103 of 1994), the Promotion of Access to Information Act, 2000 (Act 2 of 2000) and the Intergovernmental Relations Framework Act, 2005 (Act 13 of 2005) . The Constitution: Constitutional Law, National Development Plan , Vision 2030
 
Companies Act, Insolvency Act, Trust Property Control Act
 
Strategic development of extension of constitutional democracy by extending services to rural communities improving access to justice.
 
Understanding of legislative drafting, legislative processes and interpretation of legislation.
 
Superior and Lower Court Systems, Case flow management, knowledge of integrated justice system (child justice, restorative justice)
 
Superior Courts Act No 10 of 2013
 
Networking and relationship building with stakeholders
 
Administrative Law, Constitutional Law, Interpretation of Statutes.
 
 
* Office of the Public Protector
 
(7 years and nine months)
 
Period 1st April 2001 to 31st December 2008
 
 
Job Title Investigator/ Provincial Outreach Manager and Co-Ordinator
 
 
Management of outreach budgets, performance management.
 
 
Analysis and application of legislation, Policy development and research.
 
Legal Research, legal opinions and litigation.
 
Upholding and strengthening of Constitutional Democracy and International law, Promotion of Equality, Just Administration, Accountability and Good Governance in state institutions. Knowledge of statutory frameworks, parliamentary and cabinet processes, fundamental rights and constitutional protection.
 
 
Monitoring and evaluation of practices in state departments, para-statals and municipalities. Fostering of corporate governance programs, accountability, transparency, citizen engagement programs to test service delivery.
 
*Writing of reports.
 
*Risk Management, Dispute Resolution
 
*Investigation of maladministration, undue delay, abuse of power, corruption, unlawful enrichment, just administrative action in government departments and state institutions.
 
*Served on the national moderating committee for performance assessments.
 
*Development of training manuals for staff. Facilitator of training workshops.
 
*Conflict resolution and management
 
*Inter-governmental liaison, external stakeholder liaison, high level government officials.
 
*Improved complaint handling mechanisms, development of turnaround strategies, backlog management.
 
*Goal setting for staff
 
*Management of strategic direction and operating philosophy.
 
*Conducting of legal awareness programs in rural areas
 
*Performance benchmarks, performance management
 
*Internal management and communications processes
 
*Supervision of record classification systems to optimise efficiency
 
*Public service code, PAJA, PFMA, Treasury Regulations, Executive Members  Ethics Act, King Report on corporate Governance
 
*Diplomatic relations, represent office in liaisons with foreign embassies and foreign diplomats.
 
*Development of communication strategies , Represent the OPP in public communication initiatives. Served as Provincial Outreach and Communication Manager.
 
*Labour Law
 
*Knowledge of Constitutional Law, legislative drafting in South Africa:
 
South African legislative process
 
Rule of Law
 
Legislative Research
 
Legislative Interpretation
 
Constitutional Effect on Legislation
 
Application of the Bill of Rights
 
South African Constitution
 
Defence Act 2002
 
Previous Employment 2
 
 
* Organisation R. Naidoo and Company ( 2 years and 8 months)
 
 
Period 1st July 1998 to 31st March 2001
 
 
Job Title Senior Associate and Manager of Litigation Department
 
 
Key Responsibilities
 
 
Managed litigation department
 
Civil and criminal litigation
 
 
Drafting of pleadings (liquidations, sequestrations, summons, notice of motion, ex-parte applications, High Court and Magistrates court taxations
 
Administration of deceased estates
 
Legal Research and Opinions
 
Drafting of insolvency applications
 
Curatorship applications
 
Drafting of trust deeds, registration of trusts
 
Intellectual property law
 
Drafting and negotiation of contracts
 
Labour Law
 
Debt recovery and management
 
Conveyancing
 
Labour Law
 
Maritime Law : Carriage of Goods By Sea, Air, Marine Insurance, Admiralty and Jurisdiction
 
National Ports Act 12 of 2006
 
Tug and Tow
 
Wreck and Salvage
 
Pollution
 
Maritime Piracy, Admiralty Law
 
Aviation Law: Aviation Act 74 of 1962
 
Civil Aviation Act, Carriage by Air, International Air Services Act and Regulations, Civil Aviation Services, Air Traffic and Navigation Services Company
 
Previous Employment 3Organisation
 
 
* M.S Mall and Company ( 2 years)
 
Period 1996/06/01 to 1998/06/30
 
 
Job Title Candidate Attorney
 
 
Key Responsibilities
 
 
Civil litigation
 
Criminal Litigation
 
Drafting of Pleadings
 
Insolvency Law
 
Administration of Deceased Estates
 
Drafting of Trust Deeds
 
Curatorship Applications
 
Labour Law
 
Legal Research and Legal Opinions
 
 
 
==ICANN and Internet Governance Participation==
 
ICANN Fellow
 
 
==Education==
 
* University of Kwazulu-Natal (UKZN), 1994, Bachelor of Social Science
 
 
* University of Durban Westville (now UKZN), 1996, LLB
 
 
 
 
 
 
 
 
 
 
TERTIARY EDUCATION:
 
 
*Institution UNISA
 
 
 
*Year Graduate 2004
 
 
*Qualification LLM ( MASTERS IN COMMERCIAL LAW)
 
 
 
Subjects 
 
 
Drafting of Commercial Contracts
 
 Advanced Constitutional Law and Fundamental Human Rights:
 
Constitution, Constitutionalism and Democracy
 
Constitutional Interpretation and the role of Courts
 
Fundamental Rights and Constitutional Protection
 
Constitution, Constitutionalism and Democracy
 
Limitation of Fundamental Rights
 
 Banking Law 1 and 2
 
• Legal Aspects of Electronic
 
 
 
Broadcasting Act 1999.
 
• Broadcasting Amendment Act 2003.
 
• Broadcasting Infraco Act No. 33 of 2007.
 
• Constitution of the Republic of South Africa Act No.108 of 1996
 
• Law of Evidence Amendment Act, Computer Evidence Act,Civil Proceedings amendment act, CPA,
 
• Data Protection/Privacy Law, National Credit Act, National Consumer Protection Act
 
• Competition Act 89 of 1998
 
• Competition Amendment Act No. 1 of 2009.
 
• Electronic Communications Act of 2005.
 
• Electronic Communications Amendment Act 37 of 2007
 
• Electronic Communications Amendment Act 1 of 2014
 
• Electronic Communications and Transactions Act 25 of 2002.
 
• Employment Equity Act 22 of 1998.
 
• Independent Broadcasting Authority 1993.
 
• Independent Communications Authority Act 2000.
 
• ICASA Amendment Act 2000.
 
• ICASA Amendment Act 2014
 
• National Environmental Management Act.
 
• Public Service Broadcasting Bill of 2008.
 
• Public Services Broadcasting Bill 2009.
 
• Regulation of Interception of communication and provision communication related Information Act 70 of 2002.
 
• Telecommunications Act No. 103 of 1996.
 
• Telecommunications Amendment Act 64 of 2001.
 
• Telecommunications Amendment Act of
 
• The Competition Act 89 of 1998.
 
• POPI(Protection of Personal Information Act)
 
• The Electronic Communication Amendment Act 37 of 2007.
 
• The Electronic Communications Security (Pty) Ltd Act 68 of 2002.
 
• The Regulation of Interception of Communication and Provision of Communication Related Information Amendment Act 48 of 2008.
 
• The Sentech Act No. 60 of 1996.
 
• Media Development and Diversity Agency Act and Regulations
 
• Film and Publications Act
 
• Promotion of Equality and Prevention of Unfair Discrimination Act
 
• Regulation of Interception of Communications and provision of Communications -Related Information act
 
 
 
UNDERSTANDING OF MANDATE AND RELEVANT GOVERNING LEGISLATION, GOOD GOVERNANCE PRACTICES,  FOR : ICASA ,FILM AND PUBLICATIONS BOARD,SOUTH AFRICAN BROADCASTING CORPORATION,MEDIA DEVELOPMENT AND DIVERSITY AGENCY AND
 
BRAND SOUTH AFRICA.
 
 
 
 
*Institution UNISA
 
TERTIARY EDUCATION 4 *Year Graduate 2018
 
 
*Qualification LLD (DOCTORATE IN LAW )
 
 
INFORMATION  COMMUNICATION TECHNOLOGY LAW
 
 
Topic INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) LEGISLATION AND REGULATION AS A TOOL FOR SUSTAINABLE ECONOMIC AND GENDER DEVELOPMENT IN EMERGING ECONOMIES
 
 
International Development Law ICT LAW
 
Economic Development arising from ICT REGULATION :
 
a)SPECIAL FOCUS ON GENDER DEVELOPMENT
 
b)SOUTH AFRICA DEVELOPING ICT POLICY TO INCREASE GDP
 
c)INTERNATIONAL ICT OBLIGATIONS
 
d) ACCELERATING BROADBAND DEVELOPMENT
 
e)DEVELOPMENT OF SEAMLESS ICT ECOSYSTEM
 
f) ICT REGULATION AS A PROPELLER OF GROWTH
 
g) REGULATORY AWARENESS OF ICT ECOSYSTEMS AND THE INTERNET OF THINGS(LICENSIUNG, SPECTRUM MANAGEMENT&COMPETITION NUMBERING) UNIFORM REGULATORY PROCESSES
 
h)COMPETITION, UNIVERSAL SERVICE,RESOURCE ALLOCATION,INTEROPERABILITY, REGULATORY IMPACT ON INNOVATION
 
I)REGULATORY ENHANCEMENT OF ICT DEVELOPMENT
 
j) HARNESSING MOBILE TECHNOLOGY TO DEVELOP HEALTHCARE, AGRICULTURE, BANKING and EDUCATION.
 
k) E-GOVERNMENT SYSTEMS
 
l) THE USE OF TECHNOLOGY TO ENHANCE DEVELOPMENT
 
m)SO
 
 
SOUTH  AFRICAN TELECOMMUNICATIONS POLICIES:
 
 
Analysis of South African Legislation:
 
 
 
Electronic Communications and Transactions Act,
 
• Comsec Act
 
• Electronic Communications Act,
 
• Rica Act
 
• ICASA Amendment Act
 
• Broadband Infraco Act,
 
• Electronic Communications Amendment Act
 
• Public Service Broadcasting Act
 
• Competition Amendment Act
 
• Regulation of Interception of Communications and Provision of Communication Related Information Amendment Act
 
• ICASA Amendment Bill
 
• Broadband Policy
 
• National Integrated ICT Policy
 
• Spectrum Management
 
• Broadband
 
• Role of International Regulation
 
• Local Loop Unbundling
 
• Role of the Regulator
 
• Submarine Cables
 
• Wire-less services in South Africa
 
• International Development Law and ICTs
 
• ICTs and the Sustainable Development Goals
 
• Convergence
 
• Cybersecurity
 
• Satellite
 
• Emerging ICT trends : Artificial Intelligence, Over the top services,  cloud computing, Internet of Things ,Big data analytics, digital innovation, 3D Printing, sustainable development of the wireless eco-system .
 
 
Analysis of International Legislation:
 
 
INTERNATIONAL BEST PRACTICES FOR THE INTERNATIONAL REGULATION OF ICTs
 
• THE DETERMINATION OF POLICY
 
• REGULATORS AND REGULATION
 
• Elements of an Effective Regulator
 
• Liberalisation and Unbundling of the Local Loop
 
• Competition
 
• Competitiveness around the World
 
• Common forms of anti-competitive conduct
 
• International ICT Policies
 
• International Agreements
 
• International Development Law
 
• Sustainable Development Goals
 
• UN Global Sustainability Panel
 
• UN Millennium Summit 2010
 
• WTO Reference Paper Principles
 
• International Regulation of Submarine Cables
 
 
TERTIARY EDUCATION 5 *Institution
 
 
<nowiki>*</nowiki>Year Graduate 2011
 
 
<nowiki>*</nowiki>Qualification WIPO CERTIFICATE IN INTELLECTUAL PROPERTY LAW
 
 
Subjects Copyright Law
 
Patent Law
 
Trademark Law
 
Unfair Competition Law
 
Industrial Design Law
 
Legal Aspects of Electronic Commerce
 
Legal Aspects of Traditional Knowledge and Biodiversity
 
Internet Aspects of Copyright and Trademarks
 
 
CERTIFICATE COURSES
 
 
 
Institution Jenny Weinstein Conveyancing
 
 
Year Completed 1998
 
 
Qualification Certificate in Conveyancing
 
 
Institution Office of the Public Protector
 
 
Year Completed 2001,2002,2003,2004
 
 
Qualification Train the Trainer Facilitation Skills
 
 
Institution University of Cape Town, Centre for Conflict Resolution
 
 
Year Completed 2004
 
 
Qualification Certificate in Human Rights and Conflict Management Module 1 and 2
 
 
Institution University of Cape Town, Centre for Conflict Resolution
 
 
Year Completed 2004
 
 
Qualification Certificate in Mediation Skills
 
 
Institution Sunday Times and Cell C 
 
 
online qualification
 
Year Completed 2004
 
 
Qualification Project Management: project Life Cycles, Design Phase, Implementation Phase
 
 
Institution Sunday Times and Johnnic Communications Learning online qualification
 
 
Year Completed 2005
 
 
Qualification Tenders
 
 
Institution PALAMA and Africa International Advisors
 
 
Year Completed 2009
 
 
Qualification Project Khaedu Service Delivery Challenge, SMS Batho Pele Program
 
 
Institution PALAMA
 
 
Year Completed 2012
 
 
Qualification Service Delivery Khaedu
 
 
 
 
Institution Administrative Staff College of India
 
Hyderabadh (ASCI)
 
 
Year Completed 2014
 
 
Course Advanced Leadership and Service Delivery in the Public Service
 
Institution:
 
 
Course: Department of International Relations and Cooperation (DIRCO)
 
 
 
Conflict Resolution, Negotiation, Mediation
 
 
• Conflict Resolution, Negotiation, Mediation
 
 
 
Women in peace keeping missions:
 
• Increased representation of women at all decision-making levels in national, regional and international institutions
 
• Mechanisms for the prevention, management and resolution of conflict
 
• Training as special representatives and envoys
 
• Provide training and guidelines on protection of women and gender sensitive training
 
• Support to local women’s peace initiatives.
 
• Protection of women and girls from GBV in conflict situations
 
Knowledge of African Multilateral Organizations, Treaties, Conventions and Declarations
 
 
 
Institution : North American School of Internet Governance
 
 
completed March 2018
 
 
NCUC Policy Course
 
 
Completed March 2018
 
 
==Publications==
 
 
==Awards==
 

Revision as of 13:56, 13 March 2018