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IC2021/WSM/038 CONSULTANT – ASSESSMENT OF MINISTRY OF JUSTICE AND COURTS ADMINISTRATION COURT CASE MANAGEMENT SYSTEM

Apia (Samoa)

  • Organization: UNDP - United Nations Development Programme
  • Location: Apia (Samoa)
  • Grade: National Consultant - Locally recruited Contractors Agreement - Consultancy
  • Occupational Groups:
    • Operations and Administrations
    • Legal - Broad
    • Peace and Development
    • Legal - International Law
    • Project and Programme Management
    • Political Affairs
    • Refugee rights and well-being
    • Protection Officer (Refugee)
  • Closing Date: 2021-09-21

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Background

The Samoa Law and Justice Sector is comprised of the following agencies: the Ministry of Justice and Courts Administration (“MJCA”) , the Office of the Attorney General, the Ministry of Police, Prisons and Corrections, the Office of the Ombudsman and National Human Rights Institution, the Ministry of Women, Community and Social Development, the Samoa Law Reform Commission, the Public Service Commission, the Ministry of the Prime Minister and Cabinet and the Ministry of Finance, working in collaboration to further develop and improve all aspects of Law and Justice in Samoa.??

This collaborative work of the Sector is coordinated and overseen by its Steering Committee consisting of the Heads of the Ministries plus six outside members, namely: the President of the Samoa Law Society, the President of SUNGO, a representative from the National Council of Churches, a representative of Matai, a representative of Sui o Nuu and a representative of Sui Tamaitai o Nuu. The cooperative/collaborative work of the Sector Agencies is part of the Government of Samoa’s move to the Sector-based approach.??

The Samoa Law and Justice Sector Plan 2020/21 – 2024/25 which was released in April 2021 sets out sector development goals and activities for the Samoa Law and Justice Sector. The aim of the Sector Plan was and is to provide a link between the national strategic plan (SDS) and Sector Agencies’ corporate plans and our international commitment to Sustainable Development Goals (SDGs). The new Sector Plan has a focus on collaboration with a commitment to building strong processes and systems and conducting effective monitoring and evaluation across the sector.??MJCA is a key player and the lead agency for the Law and Justice Sector. It operates to ensure effective support to the Judiciary and efficient management and administration of the Courts in Samoa, which comprise the Civil and Criminal Courts (including specialist courts and tribunals over which members of the Judiciary preside) as well as the Lands and Titles Courts. Having in place an appropriate and modern integrated case management system is essential to the work of the MJCA in providing support to the Judiciary and in the effective administration and management of the Courts.?

However, the MJCA does not at present have in place an integrated and comprehensive case management system. Instead, MJCA relies on manual processes developed and maintained separately by individuals responsible for different substantive or practical processes. There is a growing number of excel spreadsheets which are kept and updated for various matters within the separate court jurisdictions, however, these do not have the capability to incorporate all aspects of the court processes and workflow and are limited in what they can provide. Without an integrated case management system, there is a lack of readily available information and quality data for reporting purposes? ?as well as monitoring capacity to track case progress. This creates barriers to accessing justice for? those relying on the courts, as well as gaps in understanding and improving? court process.??Samoa’s court system includes the administration of civil and criminal cases in the Civil and Criminal Courts Jurisdictions as well as the Land and Titles Courts, with the latter adjudicating disputes and appeals related to customary land and Samoan names and titles. An integrated case management system will have to address the accuracy of the record of incoming and disposal court cases, court events, age of cases in the system, types of cases and case tracking needs of each court jurisdiction, including in the context of customary and oral evidence.??Introducing case management systems into the Samoan courts will lead our modernization effort for? system improvement, technological and storage solutions, court user training, and change management to innovate court processes and build the capacity of staff, lawyers, and judges to adjust to the new system.??Based on plans and priorities related to courts administration, the UNDP under the Strengthening Digital Transformation in the Pacific Project is recruiting a qualified consultant to conduct a thorough assessment and make recommendations for the procurement and implementation of an integrated case management system for the Criminal and Civil Courts, and the Land and Titles Courts in Samoa.

Duties and Responsibilities

SCOPE OF WORK

1. Objectives

a. The consultant will work directly with MJCA and report to the Chief Executive Officer and the UNDP Assistant Resident Representative (ARR) of the Governance and Poverty Reduction Unit (GPRU) to:

- Undertake a thorough assessment of the current status in relation to quality of data, workflow processes, methodology, systems, ICT infrastructure and resources used by the MJCA? for tracking and recording court information; and

- Assess future needs, required improvements and capacity requirements, including network and ICT Infrastructure and resources of the MJCA and make recommendations for the? procurement and implementation of an integrated case management system for the Civil and Criminal Courts as well as the Lands and Titles Courts in Samoa.?

2. Tasks

To achieve the above objectives, the Consultant is expected to ensure the effective and efficient performance and completion of the following tasks:

(i) Develop an Inception Report outlining the Assessment Plan;?

(ii) Conduct a desk review of current data, existing databases, processes, reporting systems, ICT infrastructure and resources, systems maintenance plan and MJCA staff capacity within each court jurisdiction and review current practices, caseload information, privacy settings, and data security needs to understand existing systems and processes;

(iii) Conduct required consultations with all key stakeholders (including court staff, public users, judges, lawyers and interested third parties);?

(iv) Review and Draft Process Maps for each jurisdiction to reflect the case management processes from filing to disposal for each Court;

(v) Assess case management risks and opportunities;

(vi) Provide recommended parameters for:

a. a suitable case management system/s with key features and functionalities applicable for the needs of our Courts;

b. conclusive options for procuring a case management system; and?

c. required improvements and changes to be made by MJCA in preparation for a case management system.

(vii) Develop an implementation plan for introducing and procuring a recommended case management system that includes:

• Workflow movement/processes

• Key stakeholders

• Technology parameters

• Staged implementation

• Training and capacity building needs

• Change management strategies;

(viii) Based on functional and technical capabilities, prepare the final assessment report and presentation for? key stakeholders on the findings and implementation plan on the recommendations.

3. Expected outputs and deliverables

In line with the scope of work outlined above, the Consultant is expected to ensure the effective and efficient completion and submission of the outputs and deliverables within the timelines specified in Table 1 below:

Table 1: Outputs, deliverables, and timelines

Outputs

Deliverables

Timeline

(i) Inception – detailing how the consultant will carry out the consultancy within the required scope and timeline.

Inception report outlining the approach, methodology, and work plan for the consultancy.

 

3 days

(ii) Desktop review of current data, processes, and staff capacity within courts administration;

 

Review current practices, caseload, privacy, and data security needs; and

 

Stakeholder consultations (court staff, public users, judges, lawyers) on the development of court management system to understand the existing system.

A brief written update on this component of the consultancy.

15 days

(iii) Review and Draft Process Maps for each court jurisdiction to reflect case management processes from filing to disposal.

 

(iv) Assess case management risks and opportunities to be incorporated into the draft report.

Draft Process Maps for each court Jurisdiction reflecting case management processes from filing to disposal

6 days

(vi) Draft Implementation Plan for introducing and procuring a case management system.

Draft Case Management System Implementation Plan

5 days

(v) Draft Assessment Report – addressing and incorporating all areas of the ToR as stated above.

Draft Assessment Report

5 days

(vii) Presentations of the above to all key stakeholders.

PowerPoint presentation.

1 day

(viii) Address inputs from stakeholders on the draft Comprehensive assessment report’ and ‘Case management system implementation plan’.

Final Report – ‘Comprehensive assessment report’.

&

Final Plan- ‘Implementation Plan for introducing court case management system.

5 days

Total

 

40 days

Timeframe of the consultancy 

The consultant shall render intermittent service, equivalent to 40 working days spread from 20th September to the end of November 2021, to execute the scope of the tasks and deliverables indicated in this terms of reference.

Payment Schedule 

The Consultant will be remunerated in accordance with the effective completion and submission of the required deliverables within required timelines in Table 1 above.

The payment schedule will be processed in accordance with the payment schedule given in Table 2 in lump sum as follows:

Table 2: Payment schedule

Deliverables

Target Due Date (days)

Amount (USD) to be paid upon UNDP Certification   of Deliverable Satisfactory Performance endorsed by MJCA and UNDP

Inception Report

3 days from the effective date pf the contract

1st Payment:

10% of Total Fee

Brief Written Update (following desk review)

3 weeks from the effective date of the contract

 

Draft Process Maps for each Court Jurisdiction

4 weeks from the effective date of the contract

2nd Payment:30% of the total fee

Draft Implementation Plan

6 weeks  from the effective

TBC

Draft Assessment Report and Presentation

7 weeks from the effective date of the contract

3rd Payment:30% of the total fee

Final Report (Comprehensive Assessment Report) and Final Implementation Plan

8 weeks from the effective date of the contract

4th Payment:30% of the total fee

Total

8 weeks

Total Amount – 100%

The Consultant will be recruited for 40 working days from the effective date of the contract. S/he will perform all the activities over a period of 8 weeks from the effective date of the contract.

INSTITUTIONAL ARRANGEMENTS

Counterparts and line of reporting

The Consultant is required to report to the Chief Executive of the Ministry of Justice and Courts Administration (MJCA CEO) and UNDP Assistant Resident Representative (ARR) of the Governance and Poverty Reduction Unit (GPRU). Deliverables will be reviewed by the GPRU and MJCA CEO and will be approved for payment by the ARR GPRU.

The Consultant will work closely with the relevant counterpart staff of the MJCA:

  • MJCA Executive Team,
  • MJCA IT Division including Principal IT/Network Officer.

Inputs by stakeholders, UN agencies, and other development partners

MJCA will make available to the consultant all relevant information that may assist the consultant in carrying out and completing the deliverable stipulated in the Terms of Reference. All relevant information that is made available by MJCA to the Consultant will be kept confidential and all such information will not be made available by the Consultant to third parties,  except with the consent of MJCA.

Duty station 

Home-based but virtual communication and participation in all aspects of the assignment is required when necessary.

Competencies

Functional Competencies

  • Strong understanding of Courts Administration and case management systems in Civil and Criminal courts.
  • Strong understanding of Courts Administration and case management systems in Customary courts.
  • Strong policy and planning knowledge and skills.
  • Strong analytical skills and critical thinking skills.
  • Excellent research and evaluative skills.
  • Excellent report writing skills.
  • Excellent interpersonal and teamwork and networking skills, with  proven ability to work well in multicultural environments.
  • Excellent facilitation and presentation skills.
  • Demonstrated ability to communicate effectively with various partners including government, civil society, the private sector, UN agencies, development partners, and communities.
  • Strong interpersonal and cross-cultural skills and ability to foster relationships with key stakeholders.
  • Ability to work under pressure, effectively coordinate with others, and meet tight deadlines without compromising the quality of work.

Corporate Competencies:

  • Displays cultural, gender, religion, race, nationality, and age sensitivity and adaptability.
  • Demonstrates integrity by modeling the UN’s values and ethical standards.
  • Promotes the vision, mission, and strategic goals of UNDP.
  • Treats all people fairly without favoritism.
  • Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.

Qualifications and Experiences

  • Preferred a Minimum Master’s degree in Law, Political Science, Information Technology, Public Administration or related field.
  • Preferred At least 7 years of professional and relevant work experience in research in research on the development of or supporting e-Justice programmes/systems
  • Preferred to have successfully completed a minimum 2 studies/projects on feasibility or implementation of eJustice systems in different countries.
  • Preferred to have strong familiarity with Courts Administration and case management systems in civil, criminal and customary courts.
  • Expertise in systems change consultation processes is preferred
  • Preferred to have proven knowledge of technology options in case management systems.
  • Proficiency in written and spoken English is preferred
  • Preferred to have a demonstrated experience in cross sectoral consultations, process mapping and training design
  • Minimum 2 years’ experience working in a multicultural work environment and enagaging with a diverse set of partners including those in the Government, business sector, development and communities, with proven experience in and effective communication skills for dialoguing with senior officials and executives.
  • Relevant work experience in the Pacific Islands is a strong advantage.

Required Skills and Experience

Assessment of competencies

The assessment of individual consultants will be in accordance with the evaluation criteria below:

  • 70% for Technical; and
  • 30% for Financial.

Technical Evaluation Criteria will be based on the information provided in the CV and relevant documents that are to be submitted as evidence to support the above required criteria.

Only the top 3 candidates that have achieved a minimum of 70% of the total pointswill be deemed technically compliant and considered for the interview assessment.

The technical competencies will be assessed as per criteria and scoring outlined in Table 3:

Table 3: Evaluative criteria for the consultancy

Competency

Evaluative points

  • Minimum Master’s degree in Law, Information Technology and Systems, Public Administration or related field

15

  • At least 7 years of professional and relevant work experience in research on the development of or supporting e-Justice programmes/systems.

25

  • Completed minimum 2 studies/projects on feasibility or implementation of eJustice systems in different countries

15

  • Strong familiarity with Courts Administration and case management systems in civil, criminal and customary courts

10

  • Expertise in systems change consultation processes
  • Proven knowledge of technology options in case management systems

10

  • Demonstrated experience in cross sectoral consultations, process mapping and training design

10

  •  Minimum 2 years’ experience working in a multicultural work environment and enagaging with a diverse set of partners including those in the Government, business sector, development and communities, with proven experience in and effective communication skills for dialoguing with senior officials and executives

5

  •  Relevant work experience in the Pacific Islands is a strong advantage

5

  •  Proficiency in written and spoken English required

5

Total

100

RECOMMENDED SUBMISSION OF PROPOSALS

Given below is the recommended format for submitting your proposal. Proposals must include:

  • Letter of interest and availability specifying the available date to start and other details (Annex I)
  • CV or P11 form addressing the evaluation criteria and why you consider yourself the most suitable for this assignment. The selected candidate must submit a signed P11 prior to contract award. (Annex II)
  • Financial Proposal specifying the daily rate and other expenses, if any (Annex III)
  • A brief methodology on how you will approach and conduct the work (Annex VI)

Kindly note you can upload only ONE document to this application (scan all documents in one single PDF file to attach) to the Jobs link provided in the Procurement Notice for the advertisement.

Proposals must be submitted by 21 September 2021 to the following UNDP Jobs Site link only.  Email submissions WILL NOT BE considered.  Note this consultancy is also open to International applicants.  Download the full TOR and templates for submission from the UNDP Procurement site link https://procurement-notices.undp.org/view_notice.cfm?notice_id=82912

We do our best to provide you the most accurate info, but closing dates may be wrong on our site. Please check on the recruiting organization's page for the exact info. Candidates are responsible for complying with deadlines and are encouraged to submit applications well ahead.
Before applying, please make sure that you have read the requirements for the position and that you qualify.
Applications from non-qualifying applicants will most likely be discarded by the recruiting manager.
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