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TERMS OF REFERENCE TO CONTRACT A CONSULTANT TO DEVELOP A SCORECARD TO ASSESS THE ALIGNMENT OF SADC MEMBER STATES EXISTING PUBLIC FINANCE MANAGEMENT LAWS WITH THE PROVISIONS OF THE SADC MODEL LAW ON PUBLIC FINANCIAL MANAGEMENT

TERMS OF REFERENCE TO CONTRACT A CONSULTANT TO DEVELOP A SCORECARD TO ASSESS THE ALIGNMENT OF SADC MEMBER STATES EXISTING PUBLIC FINANCE MANAGEMENT LAWS WITH THE PROVISIONS OF THE SADC MODEL LAW ON PUBLIC FINANCIAL MANAGEMENT TERMS OF REFERENCE TO CONTRACT A CONSULTANT TO DEVELOP A SCORECARD TO ASSESS THE ALIGNMENT OF SADC MEMBER STATES EXISTING PUBLIC FINANCE MANAGEMENT LAWS WITH THE PROVISIONS OF THE SADC MODEL LAW ON PUBLIC FINANCIAL MANAGEMENT SADC Parliamentary Forum

TERMS OF REFERENCE TO CONTRACT A CONSULTANT TO DEVELOP A SCORECARD TO ASSESS THE ALIGNMENT OF SADC MEMBER STATES EXISTING PUBLIC FINANCE MANAGEMENT LAWS WITH THE PROVISIONS OF THE SADC MODEL LAW ON PUBLIC FINANCIAL MANAGEMENT

 

I. BACKGROUND AND RATIONALE FOR CONSULTANCY

The SADC Parliamentary Forum is an institutional organ of the Southern African Development Community (SADC) which is mandated to promote inter-parliamentary cooperation and convergence on issues of regional interest by inter alia developing legal normative content that can serve as benchmarking guidance for national Parliaments. In accordance with the Forum's Strategic Plan (2019-2023), respect for financial accountability and transparency is a guiding principle of the Forum whilst good governance and prudential planning remain essential values subscribed to by the organization.

One of the core functions of Parliament is to exercise oversight over the public budget appropriated and to ensure that the budget is used efficiently for voted purposes only. Additionally, Parliaments are entitled to ensure that the State progressively domesticates international commitments such as the Sustainable Development Goals (SDGs) and promotes national alignment with regional and continental agendas such as Agenda 2063: the Africa We Want.

With various health and financial crises affecting the SADC region, national budgets are particularly strained, and the need for sound financial governance and robust prudential planning is particularly felt in most countries. In addition, sexual reproductive health rights (SRHR) infringements remain rampant in most nations in the SADC region. Residents across SADC also face severe food security threats. There is a dire need to reinforce parliamentary control over the public budget to close budgeting gaps, consolidate transparency and accountability in the management of public finances, while better promoting gender-based budgeting and the mainstreaming of SRHR norms within a human-rights framework. This reinforcement of parliamentary control can take different forms including through a review of the powers of the Public Accounts Committee, more regulation on public sector debt and gender budgeting, a clear performance-based budget with Key Performance Indicators (KPIs), enhanced oversight on supplementary budgets and ratification of Parliament for major monetary transactions that are likely to affect successive Governments.

The 46th Plenary Assembly of the Forum resolved to develop a Model Law on Public Financial Management (PFM) on the basis of a Concept Note developed by the SADC-PF. A Technical Working Group was subsequently constituted with representation from the Partnership for Social Accountability Alliance- PSA Alliance, and other key stakeholders, to spearhead the development of the Model Law and to interact with the contracted legal drafter. Following widespread consultation and an inclusive drafting process, a Model Law on PFM was adopted unanimously at the 51st Plenary Assembly of the Forum.

In order to support policy reflection within and across Member States and with a view to enabling policy reforms that support domestication of various provisions of the SADC Model Law on PFM, Terms of Reference have been developed for a Consultant to generate a scorecard that could be utilised to track progress of countries with regards to domestication and assimilation of the Model Law.

II. TERMS OF REFERENCE

 

The Terms of Reference of the Consultant constitute of the following:

a) To consider the adopted Model Law on PFM and design an online user friendly Scorecard Questionnaire (hereinafter referred to as "Scorecard") that can be used to score the extent to which Member States existing PFM law, and practices done under authority of law, align and are congruent with the Model PFM Law;

b) To share a first draft of the Scorecard with SADC PF and PSA Alliance (who are collaborating to advance these TOR) in order to obtain feedback with a view to finalising the Scorecard by 20th February,2023;

c) To ensure that the developed Scorecard should contain objective and appropriately weighted questions that enable a comprehensive evidence-based assessment of the country's PFM status, and which results in an objective score being awarded for the country.

d) To ensure that the Scorecard questions are as far as possible closed questions (answered by yes or no) to enable an objective and straightforward grading, whilst leaving the necessary leeway in a comment section for countries to explain and justify departures from the Model Law that cannot be explained by closed questions only;

e) The Consultant shall oversee the process of sending correspondence by the SADC-PF to Member Parliaments for a self-assessment to be undertaken on the finalised Scorecard;

f) The Consultant will be required to maintain close contact with representatives of the Member States through the SADC-PF to ensure that the Scorecard is completed and timeously returned to enable him/her to analyse the Scorecard results and produce a Synthesis Report by 28th April, 2023for consideration and feedback by the SADC PF and PSA Alliance. The Consultant will then be required to consider such feedback from the SADC-PF and PSA Alliance when finalising the Synthesis Report which has a due date of 10th May, 2023

g) To identify bottlenecks and challenges to domestication of the Model Law in the Synthesis Report;

h) To make recommendations in the Synthesis Report to address the identified bottlenecks and challenges in view of promoting prompt domestication of the Model Law.

i) Deliver (6) number of online presentations of the Synthesis Report findings to the SADC PF stakeholders, including the relevant Standing Committees of the Forum and the Regional Parliamentary Model Laws Oversight Committee;

j) To perform such other cognate tasks as may be determined by the SADC-PF PFM Technical Working Group which are directly linked to the tasks outlined in (a) to (i) above.

III QUALIFICATIONS AND KEY SKILLS

The Consultant should be an individual or a team operating under the aegis of a single entity, with the following key qualifications and skills:

1) A post graduate degree in Commerce, Economics, Public Administration or Law;

2) A minimum of 7 years work experience engaging with Public Finance legislation and systems;

3) A publication record covering issues of Public Finance will be advantageous.

4) Previous experience of working with the SADC-PF or national Parliaments will be an advantage.

IV FEES TO CONDUCT THE ASSIGNMENT

The fees to be paid to the Consultant shall be mutually agreed with the SADC-PF and shall be commensurate with the experience and competencies of the Consultant. The maximum fee payable for this assignment shall be USD 12,000.00 (USD twelve thousand).

7.0 DEADLINE FOR SUBMISSION OF EXPRESSION OF INTEREST

Consultants who meet the requirements should submit an expression of interest of not more than 10 pages (excluding annexes), which should include the following:

- a brief description of proposed methodology and workplan with timetable

- proposed personnel, including short motivation on the personnel selection

- budget for conducting the assignment

- additional information relevant for the assignment.

The expression of interest should be submitted to the Forum at latest by the 12th February 2023 on the following address:

Ms B.Sekgoma, Secretary General

SADC Parliamentary Forum

SADC Forum House

Parliament Gardens

P/Bag 13361

Windhoek

NAMIBIA

Tel: +264 61 287 0000

Fax: +264 61 247 569

Email: and

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TERMS OF REFERENCE TO CONTRACT A CONSULTANT TO DEVELOP A SCORECARD TO ASSESS THE ALIGNMENT OF SADC MEMBER STATES EXISTING PUBLIC FINANCE MANAGEMENT LAWS WITH THE PROVISIONS OF THE SADC MODEL LAW ON PUBLIC FINANCIAL MANAGEMENT

About Us

The Southern African Development Community Parliamentary Forum (SADC PF) was established in 1997 in accordance with Article 9 (2) of the SADC Treaty as an autonomous institution of SADC It is a regional inter-parliamentary body composed of Thirteen (14) parliaments representing over 3500 parliamentarians in the SADC region. Read More

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