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Legal

Legal Drafter to Design e-GP and e-GM Regulations for Malawi Consultancy

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Project: Technical Assistance to Public Finance Management (PFM) Reforms in Malawi

The objective of the project is to assist the Government of Malawi in achieving efficient and effective use of public resources to contribute to the growth of the economy and development of the country.

The project’s purpose is to promote good economic governance and accountability, contribute to efficient use of public funds and effective resource mobilisation. These areas address key constraints to an enabling environment conducive to economic growth and trade development. The project will support the implementation of the PFM Rolling Plan with a particular focus on main expenditure risks including procurement process and revenue management. It will facilitate behaviour changes and performance improvements in the key areas of:

  • Public Procurement and Contract Management
  • Payroll and Pension Management
  • Commitment Control and Debt Management
  • Parastatal Financial Management and Oversight
  • Developing a tax system that is effective, efficient and transparent while strengthening the tax policy analysis function.

Job Title:  Senior Non Key Expert (SNKE) – Legal drafter to design e-GP and e-GM Regulations for Malawi

Background and purpose of the assignment

The Government of Malawi, with financial support from the European Union, is implementing the Chuma Cha Dziko programme (Public Finance Management Reforms Project) through a service contract held between the Government of Malawi’s National Authorising Office and DAI Brussels. One element of this programme is the project titled Technical Assistance to PFM Reforms in Malawi, with a particular focus on main expenditure risks including procurement and revenue.

The objective of this assignment is to develop specific Regulations related to an e-Government Procurement System that will operationalize the Public Procurement and Disposal of Public Assets Act 2017. These Regulations would serve to enhance implementation, mainstreaming and institutionalization of “e-procurement”, defined as the process of procurement using the internet and other information and communication technologies.

Scope of the assignment:

The scope of work for the Consultant will include but not be limited to:
a)    Study the electronic Government procurement (e-GP) and electronic Government Marketplace (e-GM) documentations;
b)    Review, analyse and compare current regulatory framework and best practices relevant to e-GP and e-GM in some countries in the Region;
c)    Prepare a draft of the Terms and Conditions, which a user (i.e., Government user or supplier) is required to agree with while registering to use the system;
d)    Prepare an e-GP/e-GM Standard Bidding Documents aligned to the current Standard Bidding Documents (SBDs);
e)    Preparation of the e-GP and e-GM Regulations by studying in detail the Public Procurement and Disposal of Public Assets Act, 2017 and the Public Procurement Regulations 2020.
f)    Conduct validation workshops for the draft Regulations with key stakeholders in Malawi.
–    Assess whether the proposed Regulations and other laws and regulations on public finance management that impact on e-government procurement are complementary and mutually supportive, including (but not limited to): PFM Act and PFM Rolling Plan; Budget Act and Regulations covering appropriations and commitments; Public Audit Act and Corrupt Practices Act; and
g)    Assist PPDA in the submission and presentation of the proposed Regulation to the Board of Directors of PPDA and the Ministry of Justice, where necessary.

Qualification and experience

Qualifications and skills

  • At least a Bachelors’ degree in Law (LLB Hons), or equivalent qualification
  • A certificate in Legislative Drafting

General professional experience

  • Senior expert with at least 12 years of experience in drafting legislation

Specific professional experience

  • A strong track record with extensive and wide geographical experience of drafting national laws
  • Experience in carrying out 3 assignments of similar nature and complexity including developing Regulations, and/or Public Procurement policy related to e-procurement systems and e-Government Marketplace systems, shall be required.
  • Prior experience of working in the African Region, and knowledge of the respective public procurement system would be an advantage.

Functional Competencies:

  • Strong sense of integrity is essential.
  • Effective interpersonal skills
  • Fluent in spoken and written English.
  • Excellent communication, team working, presentation and reporting skills.
  • Input: 40 working days over 8 months, starting July 17, 2023

Location: Lilongwe, Malawi

Application

Interested candidates who meet the required qualifications and experience should send their applications with cover letters, copies of certificates, detailed Curriculum Vitae (CV) with names, addresses and phone numbers of three traceable referees clearly indicating on subject line the position you are applying for to ASAP.

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