Varsha Sewlal

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Organization: Department of Justice, NCUC
Stakeholder Group(s): ,|xyz|xyz|
Region: Africa
Country: South Africa

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, 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
  • Job Title Chief Director (Acting) Legal Services (DG’s Office) Transformation of State Legal Services

• Project Leader on the Transformation of State Legal Services. 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 Durban 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 Liasing 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.

Previous Position Organisation 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 3 Organisation 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


SECTION B ACADEMIC BACKGROUND SECONDARY EDUCATION Secondary Education *Secondary Institution Stanger Manor Secondary School *Year Obtained 1990 *Qualification Matric Exemption( Higher Grade) *Subjects Mathematics Accounting Biology History English Afrikaans

TERTIARY EDUCATION Tertiary Education 1 *Institution University of Kwazulu-Natal (UKZN) *Year Obtained 1994 *Qualification Bachelor of Social Science

Tertiary Education 2 *Institution University of Durban Westville ( now UKZN) *Year Graduate 1996 *Qualification LLB

*Institution UNISA TERTIARY EDUCATION 3 *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.

 Environmental Law,All related legislation

Drafting of ICT Contracts :

Software Licence Agreements, Product Supply Agreements, Software Distribution Agreements, Object/Source Code Licence Agreement, Demonstration and Evaluation Licence Agreement, Software Support Services Agreement, Software Development Agreement, ASP Web Based Services Framework Agreement, E-Commerce Distributor /Author Agreement, Outsourcing Services Agreement, Minimum Rental Agreement, Non- Disclosure Agreement, Consultancy Services Agreement, Disaster Recovery Services Agreement, Prototype Software Development Agreement.

Areas of Experience: Computer Product Supply Contracts Leasing Agreements Distribution and Reseller Agreements Software Licenses Source Code Deposit “Escrow” Services Maintenance and Support Agreements Consultancy Software Development Outsourcing Services Application Service Provision Website Development and Support Electronic Commerce Disaster Recovery Agreements Administration and legal risk management


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)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


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


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