Terms of Reference: Research Topic: Access to justice for Zimbabweans in the context of judicial reforms and the National Indicative Programme support

23 Feb 2020

Introduction

The National Association of Non-Governmental Organisations (NANGO) and its partners,   SMAIAS, SAPST, ZAN and ZiCHIRe are leading civil society in monitoring the National Indicative Programme (NIP) implemented by the Government of Zimbabwe with support from the European Union (EU). One of the key activities of this project is the publication of research papers. In this regard, the consortium requires the services of a consultant to conduct research on the following topic:  Access to justice for Zimbabweans in the context of judicial reforms and the National Indicative Programme support.

Background

One of the focus areas of the NIP is support for the rule of law through justice sector reforms and increased access to justice for all without discrimination. The Zimbabwean justice system comprises various judicial organs set up by the Constitution, including traditional justice mechanisms, as well as the superior and inferior courts.

Customary courts do not have criminal jurisdiction but they constitute an important part of the justice sector in Zimbabwe, especially in rural areas, as they represent the most geographically and economically accessible means for citizens to seek redress.

The EU assistance towards access to justice under the NIP aims to ensure increased access to justice for vulnerable members of society through, among other things, capacity building for the justice system. Support for enhanced performance of the courts will complement efforts towards access to justice for all, through seeking to ensure that the primary justice system, which remains for many the only easily accessible source of redress, performs better in providing fair and equitable justice.

Description of Assignment

The overall objective of the study is to conduct research and produce a report on the topic: Access to justice for Zimbabweans in the context of judicial reforms and the National Indicative Programme support.

The consultant must study:

• The training that judicial officers, including traditional leaders undergo, whether formal or informal before and after appointment, understanding of laws in as far as they relate to women
• The rules of procedure and how these coincide or clash with human rights norms
• A comparative study of the rules of procedure with other regional jurisdictions
• The cost of accessing the justice system, and its impact on access to justice for ordinary citizens, including fees for formal and  traditional leaders courts
• Any comparatives on the cost of justice in the traditional systems
• The linkages between and among judicial officers, including traditional leaders and the Executive, and its role and impact on their discharge of the judicial function. The existence of any mechanisms to insulate judicial officers in their judicial role from Executive overreach, etc.
• The support services available to the judiciary and traditional courts in the discharge of their functions
• The extent to which the traditional courts use principles of natural justice (such as due process, presumption of innocence, right to silence)
• The standards or guidelines used in the delivery of judgment( such as issues of precedent) by judicial courts
• The impact of different cultural norms in the delivery of justice especially to women and vulnerable groups
• Whether there are any review mechanisms for rulings made under the traditional courts
• The gender composition of presiding officers across the judicial system
• How issues of legal representation are handled
• The costs of legal fees and their impact on access to justice
• The state of judicial reform and its implications and impact on access to justice
• Geographical location of the courts in relation to the population of Zimbabwe.

Methodology

The research will be a desk review. The consultant will review various documents which include Government publications and documents, EU documents on the state of the judicial system in Zimbabwe, The EU NIP Zimbabwe documents, prior research papers into the area of study as well as reports from civil society organizations working in this sector. Where possible, interviews with relevant civil society, government and EU officials as well as some programme beneficiaries will be conducted to corroborate desk research findings.

Organization of Work

The consultant will:

• Work closely with SAPST and NANGO and other related consortium partners
• Report to the Project Coordinator

Deliverables

The researcher is expected to submit the following reports:

1. First draft- the researcher will submit a draft report on findings for review by SAPST and NANGO within the agreed time frame.
2. Final Research Paper- one week after SAPST and NANGO has reviewed the first draft and communicated comments to the researcher, the research will produce the final report.

Qualifications, Skills and Experience of the Researcher

The following skills, experience and competencies are required:

• At least a Masters level qualification in a relevant discipline such as law, human rights or development studies
• Extensive knowledge and experience in the judicial sector.
• Detailed knowledge of Zimbabwe’s judicial system

Administration Information

Applications can be hand delivered and addressed to

The Project Coordinator

NIP Monitoring & Advocacy

NANGO

2 McGowan Road

Milton Park, Harare

Or sent via email to: programsmanager.nango@gmail.com  cc: info.nangozim@gmail.com

Deadline: Monday 2 March 2020