Posted on: 17 April 2023
ID 857317

Consultant to draft a legal document on preferential procurement. - Pretoria

Background

UN Women, grounded in the vision of equality enshrined in the Charter of the United Nations, works for the elimination of discrimination against women and girls; the empowerment of women and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security.

UN Women South Africa Multi-Country Office (SAMCO) is based in Pretoria, South Africa and serves five countries: South Africa, Botswana, Lesotho, Namibia, and ESwatini.

UN Women South Africa Multi Country Office is providing technical support to the Department of Women, Youth and Persons with Disabilities (DWYPD) to recruit a consultant. The purpose of the consultancy is to draft a Draft Presidential Declaration on reserving 40%, 30% and 7% of Public Procurement for women, youth, and persons with disabilities-owned businesses, respectively.

This Work Will Contribute To The Following
  • Promote women, youth, and persons with disabilities economic inclusion to make them more financially independent;
  • Reduce their vulnerability to gender-based violence;
  • Ensure that women, youth, and persons with disabilities are able to participate equally in existing markets; have access to and control over productive resources, have access to decent work, agency and meaningful participation in economic decision-making at all levels from the household to international institutions.
President Cyril Ramaphosa, on assuming the Chair of the African Union (AU) in 2020, indicated that it is not unreasonable to advocate for preferential public procurement legislation to benefit women-owned businesses and establish preferential trade and customs regimes for women. On 9 August 2020, H.E. President Ramaphosa announced that as part of the government's commitment to gender equality and measures to promote financial inclusion, government will expand access of women to economic opportunities by setting aside 40% of preferential public procurement for women-owned businesses.

Prior to the pronouncement by the President of 40% preferential public procurement to women-owned businesses, the government utilised the Preferential Procurement Policy Framework Act 5 of 2000 (PPPFA) and its Regulations to promote equity for businesses owned by women, youth, and persons with disabilities. The Constitutional Court declared the PPPFA Regulations unconstitutional due to it contravening section 217 of the Constitution of the Republic of South Africa, 1996. As a result of the Constitutional Court decision, the National Treasury developed new regulations which require all state entities to develop their own policies on the empowerment of the previously disadvantaged groups including women, youth, and persons with disabilities.

Objectives Of The Assignment

The main objective of the assignment is to draft a Draft Presidential Proclamation on reserving the 40%, 30% and 7% Public Procurement to women, youth, and persons with disabilities, respectively and its relevant reporting processes thereof.

Scope Of Work

Under overall guidance of the Department of Women, Youth and Persons with Disabilities (DWYPD) and Reporting to Deputy Director General, while working closely with the Steering Committee that will be established for this purpose.

Duties And Responsibilities

The duties and responsibilities include:
  • Review existing global, regional, and sub-regional tools and identify normative gaps to be addressed in ensuring that government departments, national, provincial, and municipal set and implement the targets for economic empowerment of women, youth, and persons with disabilities at 40%, 30% and 7% respectively;
  • Draft a Zero Draft Presidential Proclamation on the 40%, 30% and 7% Public Procurement to women, youth, and persons with disabilities, respectively;
  • Continuosly integrating inputs from consultation processes Draft Presidential Proclamation.
Working Arrangement And Support
  • DWYPD will provide the consultant with background information to support the work and will assist with sourcing information from within the government;
  • DWYPD, other government departments, UN agencies and other key stakeholders will contribute expertise to inform the process and analyses;
  • The consultant is expected to work remotely using her/his computer and should have access to data and telephone services;
  • The consultant may work with a support team to complete the work according to her/his own arrangements;
  • DWYPD will also make available officials that will assist in cognizance of the urgency of this project.
Deliverables

No

Deliverables

Approximate number days

Percentage

Consultation with officials from DWYPD and others

2 days

50%

Review existing global, regional, and sub- regional tools and identify normative gaps to be addressed in ensuring that government departments, national, provincial, and municipal set and implement the targets for economic empowerment of women, youth, and persons with disabilities at 40%, 30% and 7% respectively.
  • days
Draft report on literature review

2 days

Consultation with officials from DWYPD and others

1 day

Drafting Presidential Proclamation on the 40%, 30% and 7% Public Procurement to women, youth, and persons with disabilities, respectively and the reporting processes thereof

5 days

Upon submission of the draft content, deemed satisfactory, by the hiring unit, with respect to the Presidential Proclamation

Continue integrating inputs from consultation processes into the draft Presidential Proclamation and developing a reporting framework.

5 days

50%

Upon submission of final draft Presidential Proclamation, deemed satisfactory by the hiring unit, on the 40%, 30% and 7% Public Procurement to women, youth, and persons with disabilities, respectively and the reporting processes thereof.

Competencies

Core Values
  • Respect for Diversity;
  • Integrity;
  • Professionalism;
Core Competencies
  • Awareness and Sensitivity Regarding Gender Issues;
  • Accountability;
  • Creative Problem Solving;
  • Effective Communication;
  • Inclusive Collaboration;
  • Stakeholder Engagement;
  • Leading by Example.
Please visit this link for more information on UN Womens Core Values and Competencies: https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/About%20Us/Employment/UN-Women-values-and-competencies-framework-en.pdf

Functional compentencies.
  • Demonstrate experience in drafting legislation and policies and measures to implement that legislation;
  • Demonstrate strong communication skills oral and written.
Education

Required Skills and Experience
  • Masters degree in economics / gender studies, law, social science, or other related fields.
Experience
  • At least 5 years of experience of relevant work in the field of gender equality and women empowerment;
  • Understanding of the South African Constitution and laws on procurement in South Africa and other countries that have managed to implement preferential procurement for women, youth, and persons with disabilities;
  • Relevant experience in conducting research and gender analysis;
  • Experience drafting economic empowerment legal and policy frameworks;
  • Knowledge and experience working with government, regional and international organization is an asset.
Language Requirements
  • Fluency in oral and written English is required;
  • Knowledge of the other UN official working language is an asset.
Note

Please note that applications without a completed and signed UN Women P-11 form will be treated as incomplete and will not be considered for further assessment.

UN Women Personal History form (P-11) can be downloaded from http://www.unwomen.org/en/about-us/employment

At UN Women, we are committed to creating a diverse and inclusive environment of mutual respect. UN Women recruits, employs, trains, compensates, and promotes regardless of race, religion, colour, sex, gender identity, sexual orientation, age, ability, national origin, or any other basis covered by appropriate law. All employment is decided on the basis of qualifications, competence, integrity and organizational need.

If you need any reasonable accommodation to support your participation in the recruitment and selection process, please include this information in your application. At UN Women, we are committed to creating a diverse and inclusive environment of mutual respect. UN Women recruits, employs, trains, compensates, and promotes regardless of race, religion, colour, sex, gender identity, sexual orientation, age, ability, national origin, or any other basis covered by appropriate law. All employment is decided on the basis of qualifications, competence, integrity and organizational need.

UN Women has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UN Women, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. All selected candidates will be expected to adhere to UN Womens policies and procedures and the standards of conduct expected of UN Women personnel and will therefore undergo rigorous reference and background checks. (Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.)

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