READVERT: Terms of Reference for Consultant - Establishment of Environmental Courts: Judicial Remedies and Orders.
Consultancy, Research Jobs
- Zimbabwe Environmental Law As…
- Expires 26 Jul 2024
- Harare
- Contractor
Job Description
Zimbabwe faces significant environmental challenges due to rapidly expanding economic activities, including mining, urban expansion, road construction, and infrastructure development. These activities, often driven by the pursuit of economic growth, have had a detrimental impact on the country's natural resources and ecosystems. The lack of effective environmental governance and the absence of specialized environmental courts have hindered the country's ability to address these pressing environmental challenges. Traditional court systems often lack the necessary expertise and focus to handle complex environmental cases, leading to inadequate enforcement of environmental laws and regulations. The establishment of dedicated environmental courts in Zimbabwe could provide a crucial platform to ensure that environmental protection is given the priority it deserves. These specialized courts would have the ability to handle environmental disputes more effectively, enforce environmental laws, and hold both private and public entities accountable for their actions. Furthermore, environmental courts could play a vital role in facilitating public participation, promoting transparency, and enhancing access to justice for communities affected by environmental degradation. By addressing the need for environmental courts in Zimbabwe, the country can take a significant step towards safeguarding its natural resources, protecting biodiversity, and ensuring a more sustainable future for its people. This effort aligns with the global trend of establishing specialized environmental courts and tribunals, which have demonstrated their effectiveness in addressing complex environmental challenges.
It is through this backdrop that the Zimbabwe Environmental law Association is seeking a consultant to carry out research on the appropriate judicial remedies orders that can be provided by the specialized Environmental Courts (EC) in Zimbabwe in order to address the environmental challenges faced by the country. In this regard, the consultant shall undertake a comprehensive assessment of the civil and criminal remedies that can be given by the Environmental Court, the nature of provisional or final orders that can be given, and the innovative environmentally-oriented directives that the court can consider. The consultant will provide recommendations based on their findings.
Objectives:
The main objectives of this consultancy is to carry out a research on the appropriate judicial remedies and orders that can be imposed by the specialised Environmental Courts (EC) in Zimbabwe in order to address the environmental challenges faced by the country.
The specific objectives of the consultancy are as follows:
a. Undertake an assessment of the framework for judicial remedies and orders in Zimbabwe in terms of the Constitution, environmental laws and general court procedural law in Zimbabwe.
b. Conduct a comparative analysis of international experiences and best practices in environmental court systems, with a specific focus on the judicial remedies and orders provided by these courts.
c. Assess the feasibility and suitability of different judicial remedial measures within the context of Zimbabwe.
d. Propose a set of effective and appropriate remedies that can be implemented by the environmental courts in Zimbabwe.
e. Provide recommendations on the organizational structure, powers, of the environmental courts, specifically related to the provision of judicial remedies and orders.
f. Consult with relevant stakeholders, including government authorities, legal experts, environmental organizations, and civil society, to gather inputs and ensure a comprehensive and inclusive approach
Duties and Responsibilities
Scope of Work:
The consultant will undertake the following tasks:
a. Conduct a thorough review of relevant national and international literature, reports, and studies on environmental courts, with a focus on the remedies they provide.
b. Analyse the current legal framework and institutional arrangements related to environmental litigation and environmental judicial remedies in Zimbabwe.
c. Undertake a comparative analysis of environmental court systems in selected countries, considering their remedial measures, strengths, weaknesses, and lessons learned.
d. Assess the specific environmental challenges faced by Zimbabwe and identify the types of remedies required to address these challenges effectively.
e. Identify and evaluate various remedial measures that can be incorporated into the environmental court system, including provisional and final relief such as injunctive relief, compensatory damages, restoration orders, declaratory judgments, and any other relevant remedies.
f. Develop a framework for appropriate judicial remedies by the environmental courts, including guidelines, procedures, and mechanisms for determining and enforcing such remedies and orders.
g. Prepare a comprehensive report outlining the findings, and proposed remedies, recommendations, supported by relevant legal references and case studies.
Deliverables:
The consultant will be expected to deliver the following:
a. Inception Report: Provide an outline of the proposed methodology, work plan, and data collection sources within 7 days of contract commencement.
b. Draft Report: Present a comprehensive draft report including findings, analysis, and recommendations for remedies, within 2 weeks.
c. A model Statutory Instrument on Environmental Courts (Guidelines for Judicial Remedies and Orders for Environmental Courts in Zimbabwe) Regulations, modelled along Zimbabwe’s Sentencing Guidelines (SI 146 of 2023).
d. Final Report: Submit a final report incorporating feedback from relevant stakeholders, within 5 weeks of receiving comments on the draft report.
Timeline:
The estimated timeline for this consultancy is approximately five (5) weeks, starting from the contract commencement date.
Reporting and Communication
The consultant will report to the ZELA and maintain regular communication with the designated focal point. Progress updates shall be provided, as required, to ensure effective coordination and feedback throughout the assignment.
Qualifications and Experience
The consultant should possess the following qualifications and expertise:
a. Extensive knowledge and experience of 7-10 years in civil and criminal litigation, court procedures, environmental law, with a specific focus on environmental courts and remedies.
b. Demonstrated expertise in conducting comparative analysis and research related to environmental legal systems.
c. Strong analytical and writing skills, with the ability to present complex information in a clear and concise manner.
d. Familiarity with the legal and institutional framework of Zimbabwe and an understanding of its environmental challenges.
e. Excellent communication and stakeholder engagement skills, including the ability to collaborate effectively with diverse stakeholders.
Proposal Submission:
Interested consultants are requested to submit a detailed proposal outlining their understanding of the assignment, proposed methodology, work plan, team composition, relevant experience, and a financial proposal.
Confidentiality:
The consultant shall treat all information obtained during the assignment as confidential and shall not disclose it to any third party without prior written consent from ZELA.
Intellectual Property:
All intellectual property rights related to the final report and any other deliverables produced under this consultancy shall belong to ZELA.
How to Apply
How to apply:
Interested and qualified Consultants who meet the above requirements should send their Expressions of Interest clearly stating how they meet the requirements, their understanding of TORs methodology to be used and budget of the consultancy to: procurementzw@gmail.com
Deadline for submission of EOI is 26 July, 2024
