MEET THE TEAM: LEGAL Among a wide variety of expertise at SKA HQ is a team of legal specialists. They make sure we remain compliant with the laws and regulations of different jurisdictions and over the past few years have been applying their skills to the complex transition of SKA Organisation towards becoming an Inter-Governmental Organisation (IGO), among many other things. Let’s meet the team! In-House Legal Counsel Theunis Kotze from South Africa is an international law expert. Theunis has decades of experience in criminal, intellectual property, competition and international law. He joined the SKA Organisation from the South African Foreign Affairs Department, where he provided training in international law to fledgling diplomats and advised South African delegations to the African Union, World Intellectual Property Organisation, International Telecommunications Union, and United Nations’ Committee On the Peaceful Uses of Outer Space among many others. While at SKAO, Theunis has been instrumental in facilitating the legal process behind establishing the SKA Observatory IGO Convention and the UK Headquarters Agreement, from negotiations to drafting of the treaties to signature and ratification. “A multilateral project of this magnitude, with so many countries collaborating, requires on the one hand a lot of diplomacy, but also a great attention to legal details – to the nitty gritty of legislation in all our member countries and beyond. There is always something weird, exciting and unexpected in my inbox,” Theunis explains. Indeed, the team works across many different areas of law; from international law and intellectual property to varying labour laws around the world. They’re constantly liaising with legal firms in the SKA’s host countries to advise on changes in legislation and their implications on the SKA.
That’s why having an in-house team who speak the same (notoriously tricky) legal language – and know which questions need to be asked when – is essential. Assistant In-House Legal Counsel Shelley Decker is an English-qualified solicitor. She previously worked for UK Research and Innovation (UKRI), supporting the UK membership of international science infrastructure projects such as CTA, XFEL, FAIR & LIGO. Shelley’s primary focus at SKAO is advising on English law matters, such as queries concerning employment law, company law, property and intellectual property. A sizable portion of Shelley’s time involves drafting and negotiating a variety of contracts, both for the future IGO (such as the Host Country Agreements with South Africa and Australia) and for the current company. Shelley also drafts MoUs to strengthen working relationships with other organisations, such as the MoU signed with the CTA Observatory recently. “Because of the collaborative nature of our work, we have many relationships with other organisations, which means dozens of agreements,” explains Shelley “so we will be quite busy ensuring that all of these are properly transferred from the current company to the IGO!” Legal Advisor for Transition and Change Betty Kioko from Kenya initially joined as a graduate intern working on the legal scrub – checking the consistency of legal language – of the SKA Observatory Convention. She brought with her experience from a corporate law firm in Nairobi and a Master of Laws in International Law degree from the University of Manchester. She points out that the SKA Observatory will be groundbreaking not just scientifically, but also legally. “A transition from an English company to a UK-headquartered IGO has not been done before, so we
SKAO’s Legal Team was present at the signature of the SKA Observatory Convention in Rome in March 2019. Pictured here are Assistant In-House Legal Counsel Shelley Decker and Legal Advisor Betty Kioko. are writing the rule book and setting some precedent on how to do this,” says Betty. “Behind it all, it’s about our people, and the implications the transition process may have on their lives. It’s very complex and requires regular interaction with the UK government’s experts to understand all the ramifications because each person’s situation is different and unique.” Like many, they’ve been adjusting to homeworking during the COVID-19 pandemic and the shutdown of the SKA HQ, but are also confident about the future. “It is a difficult time globally, so it has been heartening to hear positive messages from governments about their support for the SKA,” says Betty. “We’re staying optimistic about emerging from the pandemic, and that includes looking forward to more ratifications of the Convention, and the beginning of the SKA Observatory.”
SKA In-House Legal Counsel Theunis Kotze (right) welcoming then South African Science Minister Ms Mmamoloko Kubayi-Ngubane at the SKA Headquarters following the signature of the SKA Observatory Convention. Credit: Department of Science & Innovation 25
