Consultancy to examine inefficiencies and case backlogs in the judiciary — Zi-JUMP

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 SERVICE TO EXAMINE THE ROOT CAUSES OF INEFFICIENCIES, LOW CASE DISPOSAL RATES, AND CASE BACKLOGS ACROSS ALL COURT LEVELS AND DEVELOP RECOMMENDATIONS AND ACTION PLANS TO ADDRESS THE SAME.

Issue Date: 5th November, 2024

Reference No. TZ-JOZ-456063-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 in Development of flow charts

(de jure, de facto), Mapping out resource allocation and determining utilization and Development of recommendations and action plan to streamline case processing across all court levels, implementation period is 16 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 five (5) years in developing countries cumulative years from (2019 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 service to examine the root causes of inefficiencies, low case disposal rates, and case backlogs across all court levels and develop recommendations and action plans to address the same., 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 SERVICE TO EXAMINE THE ROOT CAUSES OF INEFFICIENCIES, LOW CASE DISPOSAL RATES, AND CASE BACKLOGS ACROSS ALL COURT LEVELS AND DEVELOP RECOMMENDATIONS AND ACTION PLANS TO ADDRESS THE SAME

• INTRODUCTION

• The judiciary plays a crucial role in maintaining the rule of law, protecting rights, and ensuring justice is served. However, inefficiencies, low disposition rates, and case backlogs are significant challenges that undermine the judicial system's effectiveness in dispensing justice. On the other hand, this leads to low and unsatisfactory provision of justice services to the citizens. 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.

• BACKGROUND SPECIFIC TO THE ASSIGNMENT

• Court inefficiencies, low disposition rates, and case backlogs are significant challenges that undermine the effectiveness of the judicial system Judiciary. The needs assessment report[1] Reveals that citizens and businesses in Zanzibar complain about gaps in the efficiency and quality of Judiciary services with the delay in case disposition considered most critical. Persistent concerns relate to lengthy procedures and complexity of the legal process from filing to case decision, ineffective court management, inadequate access to court information and court services due to long distances to access court building, and lack of technological platform.

• To address inefficiencies, low disposition rate, and case backlog, several initiatives and efforts have been taken by JoZ such as revising the Chief Justice Circular and having in place Circular No.1 of 2024 which sets a mechanism to identify and strategically dispose of backlogs. The introduction of the daily reporting of case disposition mechanism through the WhatsApp group was another initiative taken by JoZ. Whereby, a judge or magistrate has to report the daily status of case disposition, this has helped in conducting daily follow-ups and tracking the disposition of cases thus finding immediate solutions to long pending cases and backlogs.

• Case specialization techniques at the Regional court level are another effort to facilitate case disposition and reduce backlogs. Whereby, a specific Magistrate does hear and determine specific cases. Examples of categories of cases at the Regional court are sexual offenses, drug offenses, and other criminal offenses. This has enabled the Regional Magistrate to concentrate on specific cases and areas thus facilitating quick disposition of cases and reduced backlogs. The introduction of a Case Management Unit in the organization structure is another initiative, this Unit works closely with the statistic and ethics unit to facilitate efficiency by managing, inspecting, and reporting on case performance. The establishment of case-flow management committees at all Court levels which involves all key stakeholders, is another effort taken by JoZ, where they meet and discuss challenges that hinder the timely disposition of cases and suggest ways to solve the same.

• Furthermore, developing rules, circulars, and guidelines although some of them are in the zero-draft stage, is another big effort taken by JoZ believing the rules will facilitate the acceleration of case hearings, increase efficiency, and reduce backlog. Examples are Small claims rules, Witness payment rules, Court broker rules, sentencing guidelines, and Case disposal target circulars.

• Despite all the efforts mentioned above JoZ still experiences growing trends of backlog, pending cases, and inefficiency that hinders efficiency in delivering court services. To address all the above challenges, JoZ intends to bring on board a consulting firm (herein forward: consultant) to examine the root causes of inefficiencies, low case disposal rates, and case backlogs across all court levels and develop recommendations and action plans to address the same.

• OBJECTIVES.

• The objective of the assignment is to diagnose the root causes of inefficiencies, low disposition rates, and case backlogs across all court levels and identify solutions to address identified causes.

This assignment will support the development of flow charts (de jure, de facto); review how resources are allocated and utilized against the de facto processing of cases; develop short and long-term recommendations to address challenges/bottlenecks identified and streamline judicial processes; and to review the existing case management system in place and its (potential) capabilities to address identified challenges.

• SCOPE OF THE WORK

The assignment is structured into 3 parts as described below and will include the following:

• Part 1: Development of flow charts (de jure, de facto).

• Scope: The consultant will develop flow charts for all case types across all court levels to map out the de jure and the de facto processing of cases. The consultant will visualize each (subsequent) task that needs to be completed. For each process, there will be two flow charts developed depicting the de jure and the de facto process. work with relevant counterparts to advance and finalize the flow charts.

(List of all Court levels and their corresponding case t