Lucas Buter – GC Powerlist
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South Africa 2024

Public sector

Lucas Buter

Head of legal services | Western Cape Government

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South Africa 2024

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Lucas Buter

Head of legal services | Western Cape Government

What are the most important transactions and litigations that you have been involved in during the last two years?

Legal Services is a branch in the Department of the Premier, one of 13 provincial departments in the Western Cape Government (WCG), which fall under the executive control of the Premier of the Western Cape and ten Provincial Ministers. From this central setting we provide in-house legal services to the Premier, Provincial Ministers, and their respective departments, which include the provision of legal opinions, drafting of contracts, drafting of legal technical correspondence, managing litigation, drafting provincial legislation, collating comments on draft national legislation, and providing a pro-active legal governance service. The staff establishment makes provision for 44 legal professionals (admitted advocates or attorneys).

In my role as the head of the branch I manage and oversee all litigation, legislation, and legal advisory matters, inclusive of advice in respect of transversal or commercial projects and transactions. I often take the lead in rendering advice in support of large-scale projects, such as the construction of the Cape Town International Convention Centre and, more recently, the establishment of a Special Economic Zone in Saldanha Bay on the west coast of South Africa. I led a team of professionals in providing legal advice to the provincial executive and all departments in our provincial effort to support the national government in managing this pandemic.

How have you harnessed technology to improve output or drive efficiencies?

We have adapted our business processes to ensure that we receive the vast majority of instructions and render most of our services electronically. We are currently in the process of implementing electronic content management for online collaboration, knowledge sharing and record-keeping. We also subscribe to international online applications and subscriptions pertaining to, for example, the protection of personal information; we use e-technology in providing legal training; and most of our research is conducted via online platforms.

How have you attempted to bring the legal department closer to your business colleagues?

We have moved away from what used to be reactive service relationships with our clients, towards the establishment of strategic partnerships. We have also introduced a proactive legal governance service through which we, amongst others, perform in-house due diligence assessments; provide legal training opportunities in a variety of subjects, such as the promotion of administrative justice and access to (and protection of personal) information, supply chain and contract management; and review and maintain line function delegations for all departments.

What would you say are the unique qualities required to be successful as an in-house lawyer in your industry?

Apart from professional competence, in-house lawyers must subscribe to the leadership philosophy and values of the State. As a public servant, lawyers who serve in government, must appreciate that they, first and foremost, practice law for the benefit of the citizens they serve. That requires, amongst others, a high level of professionalism and responsiveness; accepting responsibility and accountability; and most of all, leading with care and viewing all matters and priorities through a citizen-centric lens.

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