UNDP Jobs - 104292- Consultant to review the Legal Drafting of the Com

Consultant to review the Legal Drafting of the Competition Bill

Location :

Windhoek, NAMIBIA

Type of Contract :

Individual Contract

Starting Date :

22-Mar-2022

Application Deadline :

14-Mar-22 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

2 Months

Languages Required :

English

Expected Duration of Assignment :

2 Months

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

The Namibian Competition Commission (“the Commission”) was established in terms of section 4 of the Competition Act (Act No.2 of 2003) (“the Competition Act”). Its mandate is to promote and safeguard competition in the Namibian economy. The Commission achieves this through investigation and referral of anti-competitive activities to court, review and adjudication of mergers and exemption applications, the conduct of research and market studies in furtherance of the mandate of the Commission and disseminating information to businesses, consumers, and other stakeholders.

Competition law is an important tool in promoting access to markets, including the market for health care. Furthermore, the Commission has identified the health care market as a priority market and part of its business strategy is, to create awareness and advocacy activities to inspire competition compliance in the health care market.

Against this background, the Commission is in the process of reviewing the Competition Act for effectiveness and to strengthen enforcement and has therefore developed a draft Bill considering:

Developments and changes that have taken place in the fields of competition law, economics, and policy nationally and internationally.
The Competition Policy (approved and launched during 2021).
Challenges that the implementation of the current Act presents, based on the experience of divisions of the Commission (including the Enforcement, Exemptions and Cartels Division, the Mergers and Acquisitions Division, the Economic & Sector Research Division, and the Office of the CEO to the Commission).

Duties and Responsibilities

Part 1: Competition Bill

Consider the Competition Policy (“the Policy”) and the Explanatory Document (“Explanatory Document”) in support of the Draft Competition Bill (“the Bill”).
Scrutinize the Bill and advise on whether it:
- Is aligned and in legislative conformity with the Policy.
- Gives effect to the Policy and produces the result sought to be achieved by the Policy.
- Addresses the problems identified by the Commission in the Explanatory Document.
- Observes constitutionality.
- Complies with fundamental legal principles.
- Uses appropriate legal concepts aligned with legislative conventions.
- Is workable and effective.
- Is clear and unambiguous.
Review the Bill for consistency and correct/appropriate legislative organisation/structure, form, format, and style (and identify any other drafting concerns); and
Propose amendments to the Bill to address any shortcomings identified

Part 2: Explanatory Notes & Cabinet Submission

Draft the Cabinet Submission on the Bill.
Draft the Explanatory Notes on the Bill to the Minister of Industrialization and Trade

Part 3: Competition Rules

Scrutinize the draft Competition Rules and advise on whether they:
- Comply with fundamental legal principles.
- Use appropriate legal concepts.
- Are workable and effective.
- Are clear and unambiguous.
Review the Rules for consistency and correct/appropriate legislative organisation/structure, form, format, and style (and identify any other drafting problems); and
Advise whether:
- The necessary legal authority exists to make the Rules.
- The contents of the Rules are authorized by, and consistent with, the Bill.
- Propose amendments to the Rules to address any shortcomings identified

Competencies

A Namibian legislative drafting expert with extensive experience in drafting and reviewing legislation and in legal practice.
Further attributes the consultant must have include:
- good writing and compositional skills;
- an understanding of the legislative process;
- be able to draft in simple and clear language, bearing in mind the end-user;
- have a good basic knowledge of the law, including the practice of law;
- clear understanding of the policy objectives and the administrative and other requirements necessary to draft the legislation to reflect the policy.

Required Skills and Experience

Education:

LLB or equivalent law degree
A relevant qualification in legal/legislative drafting will be an advantage
Admission as a Legal Practitioner in the High Court of Namibia
Post admission experience in legal practice

Experiences:

Extensive experience in drafting and reviewing legislation and in legal practice.
Good writing and compositional skills;
An understanding of the legislative process;
Be able to draft in simple and clear language, bearing in mind the end-user;
Have a good basic knowledge of the law, including the practice of law;
Clear understanding of the policy objectives and the administrative and other requirements necessary to draft the legislation to reflect the policy.

Language:

Excellent written and oral communication skills in English required.

How to apply:

To apply please access UNDP Jobs site http://jobs.undp.org.

Recommended Presentation of Offer;

Completed Letter of Confirmation of Interest and Availability using the template provided by UNDP;
Personal CV or a P11 Personal History form, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the candidate and at least three (3) professional references;
Brief description of approach to work/technical proposal of why the individual considers him/herself as the most suitable for the assignment, and a proposed methodology on how they will approach and complete the assignment (max 1 page).
Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided (based on the number of working days mentioned ToR.

Note:

Please group all your documents into one (1) single PDF document as the system only allows uploading maximum one document.
Qualified women and members of minorities are encouraged to apply;
Incomplete applications will not be considered. Please make sure you have provided all requested materials.FAILURE TO SUBMIT A TECHNICAL AND FINANCIAL PROPOSALS WILL LEAD TO CANDIDATES BEING DISQUALIFIED.

Incomplete applications will be excluded from further consideration.

To download the full Terms of Reference (TOR), P11 History Form and The Financial Proposal Template, please access the UNDP Procurement Notice site on the below link: UNDP | Procurement Notices - 88592 - Consultant to review the Legal D