Legal Consultant 121 views

Services/Work Description: Legal Consultant to support the Law Reform Commission

Employer: Ministry of Justice, The Gambia

Duty Station: Banjul, The Gambia

Duration: 162 working days over 10 months

Expected Start Date: March 2025

1. BACKGROUND 

In December 2017, the Gambia Government established the Truth, Reconciliation, and Reparations Commission (TRRC) through an Act of the National Assembly. The Commission’s mandate was to investigate and record impartially the nature, causes, and extent of human rights violations between 1994 and January 2017 and consider reparations for victims. On 25 November 2021, the TRRC submitted its final report, consisting of seventeen volumes, to the President. In May 2022, the government issued its White Paper on the TRRC Report where it accepted to implement 263 out of 265 recommendations made by the TRRC. A year later, in May 2023, an Implementation Plan on the White Paper was released to guide the entire post TRRC implementation process. 

The TRRC made several recommendations on legal reform. In order for the government to holistically implement these recommendations, it is necessary for the Law Reform Commission to be revived and operationalized.  

The Law Reform Commission Act was passed in 1983 to establish the Commission for the reform of the laws of The Gambia. The primary mandate of the Commission is to study and keep under constant review the statutes and other laws comprising the laws of The Gambia with a view to making recommendations for their improvement, as well as supporting the development of new laws. Considering the significant number of recommendations touching on law reform, and the critical role of this Commission in upholding the rule of law, human rights, and democratic principles, it is essential for the Law Reform Commission to be revived so that it can carry out a holistic review of all the existing laws in line with the recommendations of the TRRC, and beyond. 

2. SCOPE OF THE WORK 

The Legal Consultant will be responsible for providing legal advice, developing proposals  for implementation of the TRRC recommendations relating to legal reform, and providing  administrative support to ensure the smooth running of the Law Reform Commission.

Under the direct supervision of the Chairperson of the Law Reform Commission, the Legal Consultant shall carry out the following general functions: 

1. a) Carry out research and provide legal advice aimed at fast tracking the implementation of TRRC recommendations around law reform as spelt out in the White Paper and the  Government’s Implementation Plan; 
2. b) Carry out a comprehensive review of the laws recommended by the TRRC to be  repealed and advice the Law Reform Commission in line with the spirit of the  Government’s White Paper to the TRRC recommendations. 
3. c) Make recommendations to the Law Reform Commission based on research and studies from other jurisdictions as to which laws are obsolete and unnecessary and therefore  need to be repealed in line with the recommendations of the TRRC; 
4. d) Work directly with the Legislative Department and any other legislative draftsperson  identified by the Law Reform Commission. The Consultant will also work closely with the National Assembly to coordinate on matters relating to the enactment of legislations 
5. e) Advice the Commission on new and emerging methods for the administration of the law  and the dispensation of justice; 
6. f) Support the Commissioners with the day to day operations of the Commission,  coordinate meetings of the Commission and prepare meeting minutes. 

3. EXPECTED OUTPUTS AND DELIVERABLES

4. INSTITUTIONAL ARRANGEMENT / REPORTING RELATIONSHIPS
   

The Legal Consultant will work directly with the Law Reform Commission and the Special Adviser on Transitional Justice. No reports or documents should be published or distributed to third parties without approval. 

5. LOGISTICS AND ADMINISTRATIVE SUPPORT TO PROSPECT IC 

The successful Legal Consultant will be provided an office space by the Ministry of Justice for the duration of the consultancy. 

6. DURATION OF THE WORK 

The duration of this contract is from March to December 2025, for 162 payable working days. 7. QUALIFICATIONS OF THE SUCCESSFUL LEGAL CONSULTANT 

1. Minimum Academic Qualifications: 

▪ Bachelor’s degree in Law, Human Rights, Humanitarian Law or other related field. 

1. Years of experience: 

▪ A minimum of two years substantive experience as a legal practitioner in The Gambia, or in rule of law, human rights, justice or transitional justice. 

▪ Previous experience in the following areas would be an advantage: programming, engaging with civil society organizations and human rights stakeholders, gender within the context of the Gambia’s transitional justice process or experience working in the private sector as expert in administration or resource mobilisation. 

1. Competencies: 

▪ Strong evidence of networking, partnership development and resource mobilization capabilities will be an advantage. 

▪ Experience in the usage of computers and office software packages, experience in handling of web-based management systems is required. 

▪ Strong communication and interpersonal skills demonstrated the ability to build trust.

▪ Excellent organizational, team building and planning skills. 

▪ Demonstrated ability to work effectively in the team, delivering through and with others. 

1. Language and other skills: 

▪ Excellent knowledge of English, as well as writing, presentation, and communication skills required. 

▪ Knowledge of local languages will be an advantage. 

Computer skills: full command of Microsoft applications (Word, Excel, PowerPoint) and common internet applications will be required. 

Important Note: 

The Legal Consultant is required to have the following professional and technical qualifications. Only the applicants who hold these qualifications will be shortlisted and contacted. Women, youth, persons with disabilities, victims and their family members are strongly encouraged to apply and to indicate this information in their application. 

8. CRITERIA FOR SELECTING THE BEST OFFER  

The following documents shall be required from the applicants: 

1. i) Personal CV indicating all past positions held and their main underlying functions, their durations (month/year), the qualifications, as well as the contact details (email and telephone number) of the Candidate, and at least three (3) of the most recent professional references of previous supervisors. References may also include peers. 
2. ii) Financial Proposal – A daily fee in the financial proposal must be all-inclusive and take into account various expenses the candidate expects to incur during the contract, including:  
3. a) The daily professional fee 
4. b) Communications, utilities and consumables 
5. c) Life, health and any other insurance 
6. d) Any other relevant expenses related to the performance of services under the contract 

iii) A cover letter (maximum length: 2 pages) indicating why the candidate considers him-/herself to be suitable for the position. 

1. iv) Managers may ask (ad hoc) for any other materials relevant to pre-assessing the relevance of their experience, such as reports, presentations, publications, campaigns, or other materials. 

Accordingly; Individual Consultants will be evaluated based on Cumulative Analysis as per the following scenario: 

▪ Responsive/compliant/acceptable, and 

▪ Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. In this regard, the respective weight of the proposals are: 

1. Technical Criteria weight is 70% 
2. Financial Criteria weight is 30% 

Total Score Technical Score * 70% + Financial Score * 30%

9. EVALUATION METHODOLOGY 

Contract award shall be made to the applicant whose offer has been evaluated and determined as: 

1. a) responsive/compliant/acceptable, and 
2. b) having received the cumulative highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. 

Only candidates obtaining a minimum of 70% from the maximum available technical score (49 points) would be considered for the Financial Evaluation. 

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will be equal to 30.  

The proposal obtaining the overall cumulatively highest score after adding the score of the technical criteria and the financial proposal will be considered as the most compliant offer. 

10. PAYMENT MILESTONES AND AUTHORITY 

The qualified consultant shall receive his/her service fees upon certification of the completed tasks as satisfactory by the Solicitor General, as per the following payment schedule:

11. CONFIDENTIALITY AND PROPRIETARY INTERESTS
The Consultant shall not either during the term or after termination of the assignment, disclose
any proprietary or confidential information related to the consultancy service without prior
written consent. Proprietary interests on all materials and documents prepared by the
consultants under the assignment shall become and remain properties of the Attorney
General’s Chambers & the Ministry of Justice.

12. HOW TO APPLY AND ANNEXES TO THE TOR
Interested individuals are to submit two documents, a Technical and a Financial
proposal to bids@posttrrc.com no later than 17th February 2025. Please read section 8
of this ToR for details of what to include in the Technical and Financial proposal.
Interested individuals are encouraged to read the Government’s White Paper on the TRRC
recommendations, and its subsequent Implementation Plan, both available for download
here: https://www.moj.gm/downloads