Consultancy Services to Review and Re-enact the Zanzibar Civil Procedure Decree Cap 8 — Zi-JUMP Project

THE JUDICIAL OF ZANZIBAR

REQUEST FOR EXPRESSIONS OF INTEREST

CONSULTING SERVICES – FIRMS SELECTION

COUNTRY: THE UNITED REPUBLIC OF TANZANIA

NAME OF PROJECT: JUDICIAL MODERNIZATION PROJECT (Zi-JUMP).

Credit No.: 7547

ASSIGNMENT TITLE: CONSULTANCY SERVICES TO REVIEW, AMEND, AND RE-ENACT THE ZANZIBAR CIVIL PROCEDURE DECREE CAP 8.

Issue Date: 5th November, 2024

Reference No. TZ-JOZ-457972-CS-CQS

The Judiciary of Zanzibar has received financing from the World Bank toward the cost of the Judicial Modernization Project (Zi-JUMP) and intends to apply part of the proceeds for Consultancy Services.

The consulting services (“the Services”) include to review, and amend the Civil Procedure Decree Cap 8 and its Rules and re-enact a user-friendly Civil Procedure Act and its Rules that reflect modern legal practices, promote access to justice, and enhance the efficiency of civil litigation in Zanzibar, implementation period is

24 weeks, expected start month of assignment is January 2024.

The Judiciary of Zanzibar now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services.

The short-listing criteria are:

a. Core Business of the firm and Eight (8) years in business.

b. Relevant similar experience, which should specifically include the following;

i. Experience of at least one (1) similar assignment within the last three (3) years in cumulative years from (2021 to 2023)- Information to be provided should include name of assignments, names and full contact addresses of the Clients, contract value (in equivalent US dollars) and period (dates) of execution of assignments.

ii. Demonstration of experience of work in similar conditions.

c. Technical and Managerial Capability of the firm [The Consultant must provide the structure of the organization, general qualifications and number of Key staffs. (Do not provide CV of the Key staff. Key Experts will not be evaluated at the shortlisting stage)].

The attention of interested Consultants is drawn to Section III, paragraph, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers “fifth edition September 2023 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.

Consultants may associate with other firms in the form of a joint venture or a sub consultancy to enhance their qualifications. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected. For firms participating in a JV, each member of the JV should independently meet the requirement of EoI criteria. For firms participating as association of lead and sub consultant, only the experience and qualification of lead firm will be assessed as per EoI criteria

A Consultant will be selected in accordance with the Consultant’s Qualifications Based Selection (CQS) set out in the World Bank Procurement Regulations for IPF Borrowers Fifth Edition, dated September 2023;

Further information and the detailed Terms of Reference (ToR) for the assignment can be obtained electronically at the following email addresses, from Mondays to Fridays, from 07:30 am to 03:30 pm East Africa time:

Website: www.judiciaryzanzibar.go.tz

Email: [email protected]

Expression of Interest; clearly marked consultancy services to review, amend, and re-enact the Zanzibar civil procedure decree cap 8, must be delivered in a written form to the address below (in hard and soft copy through flash disk) on or before 10:00 a.m. Local Time, on Wednesday, 20th November, 2024. Bids will be publicly opened in the presence of the bidder’s designated representatives and any who choose to attend at the address below at 10:30 am of Wednesday, 20th November, 2024. at Second Floor Room No. 208.

FOR SUBMITION:

Attn: Secretary of Tender Board

Judicial of Zanzibar

P.O.BOX: 160

TEL: 024-2230182

FAX: 024-2232720

214 Tunguu Road

70491 South Unguja

First Floor Room No. 109

Zanzibar, Tanzania

Email address: [email protected]

[email protected]

Website: www.judiciaryzanzibar.go.tz

TERMS OF REFERENCE FOR CONSULTANCY SERVICES TO REVIEW, AMEND, AND RE-ENACT THE ZANZIBAR CIVIL PROCEDURE DECREE CAP 8.

• INTRODUCTION.

• The Civil Procedure Decree CAP 8 (CPD/the Decree), serves as a fundamental legal framework governing civil litigations in Zanzibar. It outlines the procedures for the resolution of civil disputes, aiming to ensure fairness, efficiency, and accessibility in the judicial process. Over the years, the legal landscape has evolved significantly due to changes in societal needs, advancements in technology, and shifts in legal practices. Consequently, the existing Civil Procedure Decree is no longer adequately reflecting current realities, resulting in potential inefficiencies and barriers to justice. It is therefore essential to ensure that the Decree is up-to-date, efficient, and reflective of current legal standards and practices. Conscious of the same, the Judiciary of Zanzibar (JoZ) is embarking on a collaborative investment project called the Zanzibar Judiciary Modernization Project (Zi-JUMP), financed by the World Bank. Zi-JUMP aims to enhance the efficiency, transparency, and accessibility of the judiciary system through technological and procedural advancements.

• STATEMENT OF THE PROBLEM.

• The current Zanzibar Civil Procedure Decree Cap 8 is an old law enacted way back in 1917, almost 107 years. It is the longest, and most voluminous piece of legislation. It contains substantive legislation (the Decree) and subsidiary legislation (Orders). The Orders, according to section 109 of the Decree form part of the body of the Decree. The main legislation contains 132 sections that all together span over 51 pages. There are 52 Orders spanning over 187 pages. Some of the Orders are inordinately long which has affected efficiency in applying the same to meet the end of justice.[1].

• The Interpretation section and references under the Decree have outdated terminologies. Precisely, the whole of the law contains references that are obsolete or inconsistent with the current position, structure, and practice[2] This has therefore led to procedural inefficiencies causing unnecessary delays, and confusion among legal practitioners, and hindering effective dispute resolution.[3].

• The absence of an Alternative Dispute Resolution (ADR) legal framework mechanism (Court Annexed ADR) in the Decree, has led to the non-availability of accessible and efficient alternatives to litigation such as Mediation, Arbitration, and Negotiation. This on the other hand has led parties not to have a choice but to undergo the traditional litigation which is expensive, complex, and time-consuming often resulting in prolonged disputes and significant legal fees. Establishing a clear legal framework for ADR within the Civil Procedure Decree is a strategic move to modernize the legal system, enhance access to justice, and promote effective and efficient dispute resolution mechanisms.

• The absence of a legal framework in the CPD on the use of electronic processes in litigation has contributed to the slow Adaptation of Modern Legal Practices leading to the current Inefficiency, delays in case dispositions, and growing stock of backlogs. Providing a legal framework for the use of modern technologies such as electronic filing, online case management, and virtual hearings shall streamline court processes thus increasing efficiency.

• The complexity of the Civil procedural framework poses significant challenges for litigants, particularly those who lack legal representation or are unfamiliar with the judicial process. The legal technicalities in it make its application very difficult, tiresome, costly, and ineffective. Currently, procedural technicalities are applied to deny justifiable claims or remedy, that is, many civil cases end up being decided on procedural technicalities and not on the merit of a case. The main reason for this eventuality is the lack of clear practice direction as to which should prevail between substantive cases and procedure. The other reason is the presence of complex procedures in the Decree which needs to be simplified to enhance access to justice and ensure that the legal system operates efficiently and effectively.

• Delays in civil litigation are an old vice inherent within the system itself. The litigants and their legal advisers seem to just take advantage of this inherent porous nature of civil litigation, this has affected court efficiency in the disposition of cases. The cause of the delay in some cases is from the Decree itself[4]

• The Act contains ambiguous language or conflicting provisions that can result in differing interpretations by courts and practitioners, thus undermining the uniform application of the law example, Section 1(2) of the Decree provides that, the Decree applies to the High Court and subordinate courts other than District courts. The wording of the Section can be interpreted as the Decree is not applicable in the District Court while in the real situation, the same is applied.

• Since its enactment as local legislation in 1917, the Zanzibar Civil Procedure Decree has been amended in 1945 and 1952 where minor amendments especially in the rules were made. Apart from such minor amendments and reorganization, the Decree remained almost the same edifice as constructed in 1917.

• Therefore, given the above challenges, the need for a thorough review and potential re-enactment of the Civil Procedure Decree is evident. Thus, JoZ aims at engaging a Consultancy Firm (Hereinafter referred to as a Consultant) to undertake a systematic analysis of the existing Civil legal framework, engaging stakeh