Consultant to Draft a Legal Document On

3 weeks ago

Pretoria, South Africa United Nations Development Programme (UNDP) Full time

**Consultant to draft a legal document on preferential procurement.**:
**Advertised on behalf of**:
**Location**:

- Pretoria, SOUTH AFRICA**Application Deadline**:

- 24-Apr-23
- **(Midnight New York, USA)**

**Time left**:

- 6d 19h 54m**Type of Contract**:

- Individual Contract**Post Level**:

- National Consultant**Languages Required**:

- English**Duration of Initial Contract**:

- 1 month**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 th

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