Since September 2011, UNDP has supported preparatory activities in preparation for a broad-based legal sector reform under an initiation plan signed between UNDP and the Zanzibar Ministry of Justice and Constitutional Affairs. UNDP Tanzania supports the legal sector reform in Zanzibar in response to the Revolutionary Government of Zanzibar’s priorities, as outlined in the key strategic documents (Vision 2020, MKUZA II and the MoJCA 2011/2012 Budget) priorities. It is also based on the UN Programmatic framework the United Nation Development Assistance Programme (UNDAP) outcome 1.2 ‘Select Public Sector Reforms in Zanzibar are developed and accelerated’.

 

Implementation of the preparatory phase is coming to an end, and final reports on Assessment of  Justice Needs and Obstacles and Assessment of Justice Sector Actor’s Needs and Capacity will be submitted soon to the Ministry of Justice and Constitutional Affairs. The next step is to develop the comprehensive reform strategy with the help of an experienced consultant. It is assumed that the two studies and previous study reports will provide enough information that is required for reform strategy development.

 

The reform Strategy development has to be undertaken between mid October and end of December, so as to remain within the requirements of the Initiation Plan, under which this activity is implemented. There is a possibility of extension of the consultancy, based on the fact that end products of the strategy documents needs to be compiled into four Volumes namely: Volume I - Narrative Legal Sector Reform Strategy, Volume II is the Detailed Activities and Budget, Volume III is the Result Framework and Volume IV is the Prioritised Intervention Workplan. The Consultant will also provide guidance in the process of formulation of the UNDP Support Project Document for the first 4 - 5 years.

 

It is in this context that UNDP and the Revolutionary Government of Zanzibar have jointly agreed to recruit a consultant to lead the process of Zanzibar Legal Sector Reform Strategy development.

 

The consultancy will be conducted in a participatory way with the guidance of the already formulated Legal Sector Steering Committee. A secretariat will be put in place to support the consultant with the day to day work and in the drafting of the Strategy. It is also expected that the consultant would request some officials from different legal institutions to join the drafting team from time to time as the need may arise. 

 

It is expected that the consultant will create the needed synergies between the envisaged Legal Sector Reform Strategy with other reforms that are in progress. These include but not limited to the Public Service Reforms, Financial Management Reforms, Local Governance Reforms, and Reforms in the Registration Systems.

 

Based on the complexity of the issues related to the Judiciary, in some countries, Judicial Systems Reform are separated from the general Legal Sector Reforms, so as to give the Judicial System the care it deserves. It is hoped that the consultant in collaboration with stakeholders will determine what should happen in the context of Zanzibar. Additionally, it is important to tone that the Zanzibar Legal system is unique in the sense that it also includes the Kadhi’s Court within the normal Court system. However, placing of the Kadhi’s Court in the Court system provides challenges that this reform is expected to address so that the Kadhi’s Court continue to exists as an important institution as it is currently.  

 

The aim of the consultancy is to engage with the stakeholders to develop a comprehensive legal sector reform strategy. This will also include formulation of the detailed activity budget. Specifically the Consultant is expected to do the following:-

-        Review work plan

-        Compile issues and challenges from the existing documents on legal sector in Zanzibar;

-        Prepare and make presentations to stakeholders on the state and need for Legal Sector Reforms in Zanzibar to build base for participatory strategy development process;

-        Provide leadership to the Drafting Team throughout the work period in the development of a comprehensive Legal Sector Strategy for Zanzibar;

-        Through a consultative process develop Volume One – the Main Strategy Document, and Volume Two – Detailed Budget to implement the activities;  and Set grounds for Legal Sector Reform Programme Management.

-        Satisfactory knowledge on Legal issues;

-        Knowledge of Zanzibar administrative structures, political context and development priorities;

-        Ability to involve different stakeholders in the different stages of reform strategy development;

-        Excellent communication skills, including the ability to write clearly and succinctly and communicate effectively and persuasively with diverse audiences and partners; and

-        Strong organisational skills.

-        Masters Degree or equivalent in Social Sciences including law, international law political science, international relations, international development or any other related qualifications.

-        Proof of similar work in the Eastern and Central Africa;