HABITAT FOR HUMANITY ZAMBIA
EXPRESSION OF INTEREST FOR THE PROVISION OF LEGAL SERVICES
TERMS OF REFERENCE

1. INTRODUCTION

Habitat for Humanity (HFH) is an international non-profit organization dedicated to eliminating substandard housing and homelessness worldwide and to making adequate, affordable shelter a matter of conscience and action. Since the founding in 1976, Habitat for Humanity has helped more than 29 million people meet their affordable housing needs and build communities and hope in more than 70 countries where it operates.

Habitat for Humanity Zambia (HFHZ), an Affiliate of Habitat for Humanity International network is a non-governmental organization that has been in existence in Zambia since 1984. HFHZ serves the most vulnerable through the provision and promotion of decent housing, water and sanitation, savings and financial literacy and advocacy on land and housing rights with an emphasis on gender equality ensuring that no one is left behind. To date, over 4,000 affordable houses and latrines have been constructed for the most disadvantaged families and over 50, 000 individuals have been served with clean drinking water through the 74communal water points constructed in Chilanga, Lusaka, Kabwe, Chongwe, Masaiti, Kaoma and Ndola.

HFHZ’s mandate is to fulfil a vision where everyone has a decent place to live. Achieving this vision requires a recognition of the complex nature of housing; the interdependencies or integration that exist (or should exist) with other sectors; and the relationships that we need to foster with local actors who are the important drivers in the housing system.

Habitat for Humanity Zambia (hereinafter referred to as “the Client”) is seeking to engage the services of a reputable and experienced Zambian attorney or law firm to provide legal services and representation in matters related to non-governmental organizations (NGOs), employment law, and commercial law. The terms set forth below outline the scope of work, responsibilities, and expectations for the engagement

i. NGO Matters: Provide legal advice and representation to HFHZ on matters related to the establishment, registration, and compliance of NGOs in Zambia. This includes advising on legal structures, tax compliance, and regulatory requirements.
ii. Employment Law: Offer legal advice and representation to HFHZ on employment-related matters, including employment contracts, labor disputes, employee terminations, and employment-related litigation.
iii. Commercial Law: Provide legal advice and representation to HFHZ on commercial transactions, including drafting and reviewing contracts, and resolving commercial disputes.

2. EXPECTED RESPONSIBILITIES

The engaged attorney or law firm shall be responsible for:

1. Providing timely and professional legal advice to HFHZ on matters within the area of specialization.
2. Conducting research and analysis on relevant laws, regulations, and jurisprudence in Zambia.
3. Drafting and reviewing documents, including contracts, agreements, memoranda of understanding and other legal instruments.
4. Representing HFHZ in court or before regulatory bodies as required.
5. Maintaining confidentiality and ensuring that all HFHZ information is kept confidential.
6. Keeping HFHZ management informed of developments in matters of interest and providing regular updates.

3. DELIVERABLES

The engaged attorney or law firm shall deliver:

1. A written report summarizing the scope of work, timeline, and expected outcomes for each matter (if any).
2. Regular progress updates on the status of each matter (if any).
3. A detailed invoice for services delivered at the end of each month.

4. KEY CRITERIA FOR SELECTION OF THE ATTORNEY OR LAW FIRM

To be eligible for this engagement, the attorney or law firm must have and submit:

1. A valid practicing certificate from the Law Association of Zambia (LAZ)
2. A valid tax clearance certificate
3. A valid company registration certificate (firms)
4. At least 3 years of post-admission experience in practice as a lawyer in Zambia
5. Specialization or significant experience in NGO law, employment law, or commercial law
6. Strong research and analytical skills
7. Excellent communication and negotiation skills

5. ENGAGEMENT PERIOD AND FEES

5.1 Engagement period: The engagement period shall be one year, renewable upon mutual agreement.
5.2 Fees: The fees for services rendered shall be billed monthly

6. GENERAL CONDITIONS

The following should be noted by interested attorneys or law firms:

1. HFHZ will sign a contract with the winning attorney or law firm and payment conditions will be determined.

2. Tax and insurance: The attorney or law firm shall be responsible for own taxes and insurance during the engagement period.

3. The successful attorney or law firm is obliged to provide the confirmation of monthly rates before signing the contract. HFHZ reserves the right to negotiate services cost if not confirmed by previous records or not affordable by HFHZ.

4. HFHZ reserves the right (but is not under obligation to do so) to enter discussions with one or more bidders to obtain clarifications or additional details or negotiate the proposed fees.

7. HOW TO APPLY

The attorneys or law firms are invited to submit their CVs, Letter of Interest and financial proposals by hand delivery referenced under title “Expression of Interest for the Provision of Legal Services” addressed to Chairperson, HFHZ Procurement Committee by 12:00hrs Zambia time on or before 16 August 2024. CVs and Letters of Interest should clearly reflect the competencies of the candidate required for the engagement and include estimated cost of services (monthly fees).

All expressions of interest should be submitted to Habitat for Humanity Zambia, Plot No. 488a, Twin Palm Road, Kabulonga, Lusaka, Zambia.