CONSULTANCY – Combined Harare Residents Association (CHRA)

Job Summary

Terms of Reference
Title: Consultancy for Developing Model Policy (Recall Procedure Guidelines)
Type of Contract: Individual/Team
Duration: 15 days

1. introduction
The Combined Harare Residents Association is CHRA is implementing the Civic Empowerment and Voter Mobilisation Program under the banner Residents Associations Coalition on Electoral Reforms (RACER). The Residents Association Coalition on Electoral Reforms [RACER] is an Alliance of 31 Residents Associations advocating for electoral and local governance reforms in Zimbabwe. The key objectives of the Program are to coordinate Residents Associations and build consensus on electoral reforms and promote the citizens voice in electoral processes.
Within that context, Residents Associations intends to develop a Model Policy –Recall Procedure Guidelines as part of the efforts to contribute to the ongoing local government and electoral reform process through proffering law proposals.
2. background
Civil Organisation and Residents Association have been conducting a lot of work on local government and electoral reform, especially alignment of laws with the provisions of the Constitution of Zimbabwe. Section 129 of the Constitution of Zimbabwe Amendment Number 20 of 2013 provide for the removal of elected leadership. However, in the absence of supportive legislation and guidelines to operationalise these provisions in particular Section 129(k), it has emerged that the provision is subject to abuse and manipulation, with a potential to violate the right to administrative justice. Chapter 14 of the Constitution on devolution and the Devolution and Decentralisation Policy of 2020 provides an opportunity for residents to be considered in the recall of elected leadership.
Accordingly, CHRA is seeking the services of a consultant/consultants to develop a Model Policy /Recall Procedure Guidelines which clearly aligns with constitutional provisions on devolution and right to administrative justice as well as address the gaps in the legal recall processes of elected leadership in view of the constitution.
3. scope of work
The scope and focus of the consultancy are to do develop Recall Procedure Guidelines as an alternative model policy in line with Constitutional provisions on devolution (Chapter 14) Section 129 and Section 278(1), paying particular attention to the role and voice of the citizens in the recall processes of elected leadership, and provide for administrative justice that is reasonable and fair to the recalled official or person.These guidelines seek to address the removal of elected officials, arbitrarily, based on random choice or personal whim and give the citizens a voice in the recall processes.

Duties And Responsibilities
4. expected deliverables
The consultant shall be expected to carry out the following specific tasks:
i.Develop a Model Policy Law/Recall Procedure Guidelines that reflects the following principles:

a.Constitutional provisions on devolution, local governance and elections
b.Citizen participation (in removal of elected officials)
c.Right to Administrative Justice

ii.Present the Recall Procedure Guidelines at various platforms, which include the Residents Associations Meeting and Parliamentary advocacy meetings.

Key Deliverable
Model Policy/Recall Procedure Guidelines

Qualifications And Experience
CHRA requires the consultants to have the following technical expertise:
Master’s in law, with a degree in law, with specialisation in electoral and local governance law, constitutionalism, human rights or a related field.
At least 5 years work experience in legislative drafting and delivering on similar assignments.
Proven experience of ability to review and interpret legislative documents.
Extensive conceptual and practical knowledge of local government operating and strategic principles;
Experience of working and collaborating with stakeholders including government and civil society in Zimbabwe
Demonstrated knowledge of local government and electoral law best practices