CONSULTANCY: REVIEW OF THE LEGAL PRACTITIONERS DISCIPLINARY FRAMEWORK IN ZIMBABWE AND THE DEVELOPMENT OF PROPOSED LEGISLATIVE AND POLICY PROPOSALS
Consultancy, Research Jobs
- Law Society Of Zimbabwe
- Expires 23 Feb 2024
- Harare
- Full Time
Job Description
CONSULTANCY OPPORTUNITIES WITHIN THE LAW SOCIETY OF ZIMBABWE: DEADLINE 23 FEBRUARY 2024, CLOSE OF BUSINESS
The following Consultancy Opportunities have arisen within the Law Society. Qualified bidders are requested to send the bids to the details in the advertisements before close of business on Friday the 23rd of February 2024;
1) Licensing of Legal Consultants in law firms ;
2) Review of the Law Society of Zimbabwe (LSZ) Disciplinary processes
3) Development of the Law Society of Zimbabwe (LSZ) Institutional mentorship programme/curriculum
4) Development of a sustainable Law Society Curatorship model
REVIEW OF THE LEGAL PRACTITIONERS DISCIPLINARY FRAMEWORK IN ZIMBABWE AND THE DEVELOPMENT OF PROPOSED LEGISLATIVE AND POLICY PROPOSALS
1. Background to the Consultancy
The Law Society of Zimbabwe (LSZ) is mandated to enforce uniform practice, ethical and professional standards among its membership as empowered by the Legal Practitioners Act (Chapter 27:07). Where there has been deviation by its members from such standards, the Society is empowered to pursue the various disciplinary options which will be pursued at the level of the Council or the Legal Practitioners Disciplinary Tribunal (LPDT). Since its inception the LSZ has handled all the disciplinary cases involving its members with the Disciplinary and Ethics Committee (DEC) as the key statutory committees seized with the obligation to make recommendations to Council on any disciplinary matters where a prima facie misconduct has been proven on the part of the implicated member. The Committee recommendations have informed the resolutions made by the Law Society Council (on all cases of less serious nature) or the sentences by the LPDT(on cases of a serious nature).
All these efforts have been aimed at maintaining the integrity of profession whilst minimising practice related reputational risks, some of which have posed as a threat to the Society’s own self-regulatory function.
In dealing with all disciplinary processes, the Law Society has relied on the Constitution and various other pieces of legislation and subsidiary legislation as well as policy guidelines. In playing its role in the management of disciplinary processes, the Society has strived to ensure that the credibility and integrity of its disciplinary processes is continuously improved and maintained through adherence to among others, Constitutional and administrative principles of natural justice.
However, as the Society through its strategic management and review processes has noted the need to review the regulatory frameworks governing its disciplinary processes to align them with the evolving socio-economic and political landscape. Some of the disciplinary regulatory processes which the Society has been relying on in its investigative mandate dates back to as far as 43 years ago, notwithstanding the Constitutional amendments which have been made over the same period. Furthermore the Society has also over the years, continued to draw lessons informing its practices from regional and international platforms such as SADC Lawyers Association (SADCLA), Pan-African Lawyers Union (PALU), African Bar Association (ABA) and the International Bar Association (IBA). While such practices have not formally culminated in documented changes to the Society’s regulatory style, the administrative processes which have guided and informed the Society’s move to introduce comprehensive risk-based practice, the code of conduct for lawyers, the mainstreaming of anti-money laundering practices , risk Management and cyber-security considerations in the firms’ compliance frameworks, they have all cumulatively shifted the disciplinary process whilst leaving the legislative framework behind. This has created a gap between the law and the actual practice.
There is therefore need to review the regulatory frameworks governing the disciplinary processes to align them with the Constitutional and legislative developments under which the governed members have continued to operate as well as to introduce best practices for advancing good governance within the regulated profession.
This is the basis upon which the Society seeks to engage consultant/s to review the existing regulatory frameworks governing its disciplinary processes at the LSZ Council level as well as at the Tribunal level with a view to develop regulatory and policy propositions for improving the disciplinary processes in advancement of the administrative justice principles as provided for in the Constitution.
Duties and Responsibilities
2. Scope of the Consultancy
Against this background, the LSZ requires the services of legal consultant/s to review its current disciplinary regulatory frameworks and develop proposed amendments for consideration by the members at an Extra Ordinary General Meeting (EGM).
2.1 In carrying out the Consultancy, the Consultant/s shall conduct the following among other things;
a) Review the Following pieces of Legislation and subsidiary legislation and the extent to which they are still in sync with tenets of natural justice, the Administration of Justice Act and the Constitution of Zimbabwe;
i) The Legal Practitioners Act (Chapter 27:07)
ii) The Legal Practitioners General Regulations (SI 137 /1999
iii) The Law Society By-Laws, Statutory Instrument 314 /1982
iv) The Legal Practitioners (Code of Conduct) By-Laws, Statutory Instrument 37/2018
v) The Legal Practitioners Disciplinary Tribunal Regulations , Statutory Instrument 580/1981
vi) The Law Society schedule of fines
The Law Society sentencing handbook
The Standard Operating Procedure Manual for complaints handling.
vii) Any other good practices which the Society has relied on in handling all disciplinary processes.
b) Where shortcomings have been identified in any of the regulatory frameworks above, develop the proposed legislative or policy amendments (including proposed drafting model amendments) to strengthen the provisions in line with administrative and natural justice and the Constitution.
c) Gather views from the members and list of identified Respondents on proposed legislative and proposals to inform the substance of the relevant legislative and policy considerations.
d) Incorporate the views from the consultative processes and the EGM into the final instruments to be considered by the Society for final adoption.
Qualifications and Experience
3. Consultancy Period
This research will be conducted over a period of thirty (30) days.
4. Consultancy Fees
The Consultancy consideration shall be discussed and agreed on with the bidder.
5. Consultancy Outcomes
At the end of this Consultancy, the LSZ expects the Consultant/s to produce a detailed research paper with accompanying recommended legislative and policy reform proposals (including drafting language) for improving the disciplinary processes in Zimbabwe.
6. Qualifications
a) The consultant/s must hold a Degree in Law or Social Science. A Master’s degree or an equivalent postgraduate degree in the same field will be an added advantage.
b) The consultant must also have demonstrable experience in legal practice, legal research.
c) Legislative drafting experience is a must.
How to Apply
Applicants should submit the following:
1. An Expression of Interest of not more than 3 pages. The Expression of Interest must detail the researcher’s understanding of the Terms of Reference and proposed methodology. The Expression of Interest must also include
2. A cover letter summarising the applicant’s qualifications;
3. Curriculum Vitae;
4. Two samples of relevant work.
Applications must be addressed to secretary@lsz.co.zw and copied to rebecca@lsz.co.zw and patience@lsz.co.zw
