INTERNATIONAL CONSULTANT TO REVIEW LESOTHO LOCAL GOVERNMENT ACT
Location : Maseru, LESOTHO
Application Deadline : 01-Sep-14
Type of Contract : Other
Post Level : Other
Languages Required : English
Starting Date : (date when the selected candidate is expected to start) 15-Sep-2014
Duration of Initial Contract : 6 months
Expected Duration of Assignment : 6 months
Background
The government of Lesotho espouses decentralisation as a mechanism to enhance efficient service delivery, deepen democratic governance and increase participation and equitable economic growth. To this end, the government adopted the Local Government Act (LGA) in 1997, which remains the principal legislation governing decentralisation and local governance in Lesotho, although it has been amended several times. The LGA established local government structures at municipal, urban, district and community level. The structures created under the Act enabled the country's first democratically elected Local Councils in 2005. The second democratic local councils were elected in 2011 and their term expires in 2016. The implementation of the Local Government Act has been supported by subsidiary legislation including the Local Government Election Act enacted in 1998 providing for local government elections. In 2008, the Local Government Service Act was enacted to enhance country's administrative decentralisation, by establishing the Local Government Service to oversee recruitment, discipline and supervision of staff in local councils, amongst others. The country has made considerable progress with these initiatives including entrenching a culture of democratic local governance.
In February 2014, the Government of Lesotho adopted the National Decentralisation Policy. The purpose of the decentralisation policy is to deepen and sustain grassroots-based democratic governance and promote equitable local development by enhancing citizen participation and strengthening the local government system, while maintaining effective functional and mutually accountable linkages between central and local government entities. Specifically, the policy provided for the following key strategic reform actions:
- Adoption of devolution as the model of decentralised governance and service delivery;
- Establishment of Local Governments with autonomy and executive authority
- Development and implementation of the strategic framework for participatory and integrated planning;
- Establishment of Fiscal decentralisation and prudent public financial management;
- Development of a framework for exercising local autonomy and Inter-governmental relations.
The Government appreciates the fact that the implementation of the National Decentralisation Policy 2014, will require comprehensive reforms in legislation, especially in regard to institutional and administrative functions and structures, as well as public finance and human resources management.
As part of the reforms indicated above, the Government has embarked on the process to review the legal and regulatory framework for Local Governance, starting with the Local Government Act, 1997 (as amended) and other laws relating to public financial management, local government elections and local government service.
Duties and Responsibilities
- To review Local Government Act 1997 (as amended to-date): This is the overall organic law for exercising local governance and operationalisation of the National Decentralisation Policy in Lesotho. The consultant will undertake a comprehensive review of this law to bring it in tandem with, and ensure that it effectively guides, facilitates and enhances the realisation of the objectives of the decentralisation policy;
- To conduct scoping of other legislation that have a bearing on decentralisation of local governance and service delivery: The review process seeks to harmonise all sectoral, fiscal and administrative legal instruments having a bearing on decentralisation, to ensure that actual or potential impediments are identified and eliminated, and ensure that provisions that enable and/or enhance effective implementation of decentralisation, are included.
- To analyse the relationships and legal implications of the decentralisation Policy on other legislation, align them and propose measures to create legislative harmony in the implementation process: The review team (compring the international consultant and his/her national counterpart) will identify, propose and work with the MoLCGPA senior management and other relevant national authorities to undertake measures to harmonise the whole legal framework on decentralisation, decentralised governance and service delivery structures. The basis of this is the GoL's desire to ensure efficiency by creating one harmonised legal regime for local government in Lesotho;
- To ensure participation and inclusion: The review team (compring the international consultant and his/her national counterpart) shall adopt appropriate approaches to ensure that the legislative review process is participatory and active involves relevant line ministries, autonomous agencies and commissions, as well as other important stakeholders. It must also ensure inclusiveness of gender, youth, people with disabilities, traditional leaders and other interest groups.
Competencies
Analytical capabilities:
- Strategic vision, strong technical and analytical capabilities and demonstrated ability to collect, analyse and interpret data.
- Quantitative and qualitative data management skills.
Interpersonal and communication skills:
- Strong interpersonal skills and communication skills;
- Proven ability to work in a team, develop synergies and establish effective working relations within the RCO, with persons of different UN Agencies, government counterparts, donors and NGOs;
- Strong written communication skills to produce external communication materials;
- Demonstrated ability to train and build capacity of others.
Integrity:
- Demonstrates integrity by modelling the UN's values and ethical standards.
Managing complexity:
- Demonstrates openness to change and ability to receive/integrate feedback;
- Negotiating skills, and the ability to cope with situations which may pose conflict;
- Ability to solve complex problems with minimal supervision;
- Ability to work with small multi-disciplinary, multi-national teams to deliver quality products in high stress, short deadline situations.
Results-orientation:
- Demonstrated understanding of results-based management;
- Ability to prioritize;.
- Use of results language for communication.
Required Skills and Experience
Education:
- Advanced University degree in public law or local governance law,
Experience:
- At least 10 years hands-on experience in legal reviews and/or legislative drafting.
- Applicants with a first law degree and post-graduate training in legal practice or administrative laws will be considered if they demonstrate exceptional skills and experience of at least 15 years in legal reviews related to decentralisation and public sector reform, legal draftsmanship and analytical writing;
- Demonstrated understanding of constitutional and administrative law in the commonwealth countries is a must;
- The Local Consultant must have in-depth understanding of the political structure and local governance in Lesotho.
Experience:
- At least 10 years hands-on experience in legal reviews and/or legislative drafting.
Lanuage requirement:
- Fluency in written and spoken English is essential.
Detailed Terms of Reference can be viewed on www.ls.undp.org.
UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.
