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TERMS OF REFERENCE FOR CONSULTANT WITH REGARDS TO DEVELOPMENT OF A COMPENDIUM OF SADC MODEL LAWS AND RELATED INSTRUMENTS

TERMS OF REFERENCE FOR CONSULTANT WITH REGARDS TO DEVELOPMENT OF A COMPENDIUM OF SADC MODEL LAWS AND RELATED INSTRUMENTS

1. Introduction and background to assignment

The SADC Parliamentary Forum is the main inter-parliamentary organisation of Southern Africa which is mandated by its Plenary Assembly to develop and monitor the domestication of Model Laws, Minimum Standards and other related normative instruments. Over decades, the Model Laws developed by the Forum have become crucial legislative benchmarks for SADC national Parliaments, in particular to level up legal and administrative norms in the field of sexual and reproductive health and rights, HIV, child marriage, public financial management etc. Model Laws are inspired from the relevant United Nations (UN) and African Union (AU) human rights treaties and are additionally adapted and contextualised to befit the Southern African context. For the sake of completeness, each Model Law developed by the Forum has been arrived at pursuant to widespread consultations with stakeholders and interest groups emanating from the three arms of the State (Executive, Legislature, and the Judiciary).  

Pursuant to the adoption of a Model Law, the Forum and its partners also work on Guidelines to facilitate domestication through a multi-stakeholder partnership framework constituting of MPs, Line Ministries, Civil Society Organisations (CSOs), statutory bodies and other competent authorities.

In view of the multiple Model Laws, Minimum Standards and Guides developed by the Forum over the years, and in order to develop a single repository of such normative instruments, it is deemed appropriate to now proceed with the development of a Compendium of Model Law and related instruments. The Compendium will aim to assist Parliamentarians, policy-makers, CSOs and other interested parties to continue leveraging on the developed instruments to heighten and elevate legal and administrative provisions at national level.

2. Objectives and deliverables of the assignment

The overall objective of the assignment is to recruit a Consultant, or a group of Consultants within a partnership, on a short fixed-term performance contract to fulfil the following key deliverables:

  • Design and lay out an attractive booklet, including front and back cover, for the Compendium, with pictograms which are relevant to the SADC context.
  • Collate and Lay out the Model Laws, Minimum Standards and related instruments developed by the SADC-PF and other like-minded organisations in English in a single document with a Table of Contents and adequate formatting;

The Compendium shall also be submitted in French and Portuguese  a month after the English submission. The Forum will facilitate translation while the Consultant will ensure that the Compendium is of the same design, layout and standard in all the three languages.

  • Conduct research on other similar normative legal instruments, declarations or Ministerial statements that are in the public domain which hinge on SRHR, public health and democratisation, and which are relevant for inclusion in the Compendium in view of facilitating domestication;
  • Aim to produce a single document which becomes a comprehensive point-of-reference for parliamentarians, policy-makers and interested parties who wish to advocate for enhanced legal and administrative norms in their jurisdictions;
  • Publication of a single document in word and publisher format which will be transmitted to the SADC-PF for further printing and dissemination purposes; and

3. Time frame for the assignment

The deliverables for the assignment should be delivered in editable word and ready-to-print format within 3 weeks (15 working days) of signature of these Terms of Reference which shall be deemed to constitute a valid contract between the Forum (the Assignor) and the Assignee (the Consultant). The start date should be mutually agreed upon but shall not be later than the 25th August 2023.

4. Qualifications

a. Education:

  • Advanced Degree in Law, Library, Social Sciences, Humanities, Media, Documentation or related fields

b. Competencies and Experience:

  • Experience in developing similar publications required.
  • Preference will be given to candidates who have successfully conducted similar work for organisations of similar standing as the Forum.

c. Language and other skills:

  • English language fluency and strong writing skills is mandatory.
  • Computer skills: full command of Microsoft word and common Internet applications will be required.

d. Core Values:

  • Professionalism: knowledge and understanding of the context of the SADC PF within the institutional framework of the SADC in Southern Africa;
  • Planning and Organizing: allocates appropriate time and resources for completing assignment within the set deadline.
  • 5. Assignment fee

The Assignee will be paid a total assignment fee of USD 8,000 which will be paid upon delivery of final deliverables referred to in paragraph 2. Part payments may be accepted on such terms and conditions as may be mutually agreed between the parties and in accordance with the achievement of milestones under a pre-approved work plan.

The SADC PF shall ensure that the deliverables meet acceptable standards as per the Terms of Reference and that the deliverables are endorsed and approved by the Secretariat. SADC PF reserves the right to withhold payment for the services rendered if the deliverables are of unacceptable quality, provided that the Assignee shall, as soon as possible and in writing, be furnished with a detailed report of such inadequacies. Should the Assignee fail or neglect to address the said inadequacies forthwith after receipt of the notice advising of the need to address any identified inadequacies, the SADC PF reserves the right to decline payment altogether.

6. Execution of the Assignment

In the execution of this Assignment, the Assignee is encouraged to consult regularly with the officer(s) designated by the Secretary General to ensure that the contractual expectations are met. The designated officer(s) will provide a consolidated verbal/written feedback on the first draft of the deliverables after which the Assignee will incorporate the feedback and return the final copy via the electronic mode of communication.

7. Termination of the Assignment

In the event that the Assignee terminates his/her Assignment before submission of the deliverables, or in the alternative, the Forum terminates the Assignment, no payment will be made. The Forum’s obligations to the Assignee will cease, except for payment of expenses incurred up to the date of termination.  Termination may be based on, but not limited to, lack of work; change in position description; uncooperative attitude and unsatisfactory relationship with the Forum; counterpart personnel, or co-workers; conflict of interest; incompetence; carelessness; insubordination; failure or refusal to work; or other acts of misconduct as determined by the Forum.

8. Confidentiality

The Assignee shall not disclose or use at any time, either during or subsequent to the expiry of this Assignment, any confidential information or knowledge obtained or acquired by their being party to this Assignment, unless such information or knowledge is in the public domain without their own wrongdoing. The Assignee further agrees not to impart information relating to work or services performed hereunder to any person not entitled to receive it, and to safeguard any confidential or other classified data that may come into his/her possession by virtue of this Assignment.

9. Copyright and prohibition of use of AI tools

The SADC PF shall retain ownership and copyright of all materials delivered under this Assignment, and shall reserve the right to reproduce, edit or amend the material for official use by the Forum. The Forum shall, however, acknowledge the intellectual contributions of the Assignee.

The use of Artificial Intelligence tools to generate literary content is strictly prohibited. 

10. Enforceability

In the event that any provision of these Terms of Reference shall be held invalid or unenforceable, such invalidity or unenforceability shall apply only to that provision and shall not affect or render invalid or unenforceable any other provision of these Terms of Reference.

11. Medical Cover

The Forum shall NOT be responsible for any costs relating to the Assignee’s medical expenses during the course of this Assignment. The Assignee shall, therefore, be personally responsible for his/her own medical cover for the duration of the assignment.

12. Management of Assignment and Domicilium and Correspondence

The management of the assignment shall be conducted by the Secretary General of the SADC PF, Ms Boemo Sekgoma, and the address for correspondence shall be:

SADC Parliamentary Forum

SADC Forum House

Parliament Gardens

P/Bag 13361

Windhoek

NAMIBIA

Tel: +264 61 287 0000

Fax: +264 61 247 569

Email: org">sadcp" data-ep-b7b58="f<small> ["> 

Made in 2 originals by the Parties on the …. August 2023

 

Name in BLOCK LETTERS of the Forum’s representative (representing the Forum as Assignor):

 

 

Name in BLOCK LETTERS of the Assignee:

 

 

 

Signature:

Signature:

 

 

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TERMS OF REFERENCE FOR CONSULTANT WITH REGARDS TO DEVELOPMENT OF A COMPENDIUM OF SADC MODEL LAWS AND RELATED INSTRUMENTS

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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