Job Description

Introduction and Background
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 establish of specialized Environmental Courts (EC) in Zimbabwe to address the environmental challenges faced by the country. ZELA requires the services of a consultant to undertake a comprehensive assessment of the nature and extent of jurisdiction of the court and its status in the hierarchy of courts in Zimbabwe. The consultant will provide recommendations based on their findings.
Objectives
The main objective of this assignment is to assess and provide recommendations on the jurisdiction of the Environmental Courts in Zimbabwe. Specifically, the consultant will:
a. Analyze the legal framework and constitutional provisions related to the establishment of the Environmental Courts.
b. Review international best practices and experiences from other jurisdictions regarding the jurisdictional placement of Environmental Courts.
c. Examine the existing judicial system in Zimbabwe, including the lower courts and superior courts, and assess their capacity to handle environmental cases.
d. Assess the nature and complexity of environmental offenses in Zimbabwe and determine the appropriate level of subject-matter jurisdiction required to address them effectively.
e. Determine the nature of criminal and civil jurisdiction to be granted to the Environmental Courts, and the appropriate location of the Environmental Court in Zimbabwe’s hierarchical court system.
f. Consider the accessibility of the Environmental Courts for all justice actors, stakeholders and court users, including affected communities, civil society organizations, and government agencies.
g. Evaluate the potential benefits and challenges associated with situating the Environmental Courts in either the lower courts or the superior courts.

Duties and Responsibilities

Scope of Work
The consultant will undertake the following tasks:
a. Conduct a thorough review of relevant legislation, including the Constitution of Zimbabwe, environmental laws, and any other laws pertinent to the establishment of Environmental Courts.
b. Research and analyze international best practices and experiences from other jurisdictions that have established specialized environmental courts.
c. Assess the capacity and expertise of the lower courts and the high courts in handling environmental cases, including their caseload, infrastructure, and resources.
d. Analyze the nature and complexity of environmental offenses in Zimbabwe, considering factors such as environmental degradation, pollution, and natural resource management.
e. Consult with key stakeholders, including judges, former judges, legal experts, government officials, civil society organizations, and affected communities, to gather their perspectives on the jurisdictional placement of the Environmental Courts.
f. Identify and evaluate the potential benefits and challenges associated with situating the Environmental Courts in either the lower courts or the high courts, taking into account factors such as efficiency, accessibility, expertise, and public confidence in the judicial system.
g. Prepare a comprehensive report outlining the findings, conclusions, and recommendations regarding the jurisdiction of the Environmental Courts, supported by evidence and relevant legal and comparative analysis.
Deliverables
The consultant will be responsible for providing the following deliverables:
a. Inception Report: A report outlining the proposed methodology, work plan, and data collection instruments within 7days of contract commencement.
b. Draft Research Report: A comprehensive draft report presenting the findings, conclusions, and recommendations within 2 weeks.
c. Final Research Report and a Model Regulation establishing the courts and outlining the civil and criminal jurisdiction of the Court within 5 weeks of receiving comments on the draft report
Timeline
The consultant shall complete the assignment within a total of five (5) weeks from the commencement date of the contract.
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. Legal background with expertise in environmental law, civil and criminal litigation experience and judicial systems.
b. Demonstrated experience of at least 10 years in conducting research and analysis in the field of environmental law or related areas.
c. Familiarity with the legal framework and judicial system of Zimbabwe.
d. Knowledge of international best practices and experiences related to the jurisdictional placement of environmental courts.
e. Strong analytical and report writing skills.
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

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: [email protected]

Deadline for submission of EOI is 26 July, 2024