Public Health Legal Framework Consultant - Pretoria, South Africa

Resolve to Save Lives (RTSL) is a global health organization that partners locally and globally to create and scale solutions to the world’s deadliest health threats. Millions of people die from preventable health threats. We collaborate to close the gap between proven, life-saving solutions and the people who need them. Since 2017, we’ve worked with governments and other partners in more than 60 countries to save millions of lives. We work toward a future where people live longer, healthier lives, communities flourish, and economies thrive. This is an ambitious vision, and it inspires us and our partners to make progress every day. 

TERMS OF REFERENCE FOR A NATIONAL CONSULTANCY SERVICE TO REVIEW PUBLIC HEALTH LEGAL FRAMEWORK IN SOUTH AFRICA 

Introduction  

1.1 A robust and appropriate health security legal framework is critical to detect public health threats early and to respond to them in a timely manner. Resolve to Save Lives’ Legal Program supports governments in reviewing their existing legal frameworks, identifying gaps and needs, and designing effective response measures to prevent and detect public health events.  

1.2 As part of the International Health Regulations (2005) (IHR) monitoring and evaluation framework, the Joint External Evaluation (JEE) examines capacities across 19 technical areas to establish a baseline assessment and identify gaps to focus improvement efforts. The first of these technical areas refers to legal instruments, with the aim of ensuring that laws and regulations are in place in all relevant sectors to support IHR implementation including core capacity development and maintenance. 

1.3 A country’s score on the JEE P.1 indicator on legal instruments will hinge on whether a series of activities have been implemented. These activities consist of carrying out a legal mapping and assessment to identify and review gaps in the health sector as well as across all relevant sectors. The recommendations from this review can then be validated, serving as a basis for the revision and development of necessary legal instruments for IHR implementation at the national and intermediate levels, where applicable. 

1.4 This activity’s objective will be to map and assess the existing legal framework in South Africa. South Africa ratified the IHR 1969 and domesticated the IHR in the form of the International Health Regulations Act, 1974 (Act No. x of 1974). South Africa signed the 2005 IHR and is yet to domesticize the IHR for local application by the courts.  

Scope of Work 

2.1 The Consultant will research and analyze legislative instruments (laws, policies, regulations, administrative requirements, and other government instruments) for consistency and coordination with IHR requirements. The Consultant is expected to prepare a report presenting the comprehensive review of the legal framework with regard to the roles and responsibilities of the Department and for IHR national implementation, identifying gaps, and formulating recommendations for filling these gaps and developing draft legislation based on the findings. The Consultant will liaise with relevant stakeholders to further his or her research and present the findings. 

2.2 The overall activities and tasks of the review of public health legislative instruments to be carried out is, therefore, summarizes as follows:- 

2.2.1 Identifying and collating relevant legislation, policies, and regulation across all sectors; 

2.2.2 Mapping of the legal instruments above against the IHR requirements and against the JEE benchmark including, but not limited, to the following targets. 

(a) Antimicrobial Resistance 

(b) Zoonotic Diseases 

(c) Immunization 

(d) National Laboratory Systems 

(e) Research and development 

(f) Surveillance  

(g) Reporting 

(h) Workforce Development 

(i) Linking Public Health with Law Enforcement and a Multi-sectorial Response

2.2.3 Providing a comprehensive assessment of the legislation and the different government structures that have relevance in the implementation of IHR, including an analysis considering the core capacities required to be developed for fulfilling IHR obligations. 

2.2.4 Identifying the gaps, findings, and recommendations to strengthen the legal framework for IHR implementation.

Deliverables 

3.1 Report presenting the comprehensive review of the legal framework for IHR national implementation, identifying gaps, and formulating recommendations for filling these gaps and developing new public health legislation. The overall analysis report will describe the findings from the assessment, including the strengths in existing laws, gaps, and recommendations to strengthen the legal framework for IHR implementation. 

3.2 Presentation(s) of research methodology, findings, and recommendations to relevant stakeholders. The findings will be compiled on the report document and policy suggestions for government decisions.  

3.3. Deliverables will be submitted to RTSL’s Legal Director, Public Health Policy, who serves as Contract Manager. 

Methodology 

4.1 The RTSL Prevent Epidemics Legal Team will provide the Consultant with the necessary technical guidance and a framework to fast-track the process of analyzing legislation against IHR requirements. The Consultant is expected to follow the methodology provided by RTSL and to regularly submit and share the progress of activities. The Consultant will work closely with the RTSL Senior Legal Advisor and Legal Office of the National Department of Health in the production and presentation of the final report as well as in developing the new public health legislation. 

4.2 This assignment will be conducted mainly through:- 

(a) desktop review of relevant national laws, regulations, directives, policies, and administrative processes, and conduct related online search;  

(b) key informant interviews;  

(c) review relevant legislative assessment studies and legislative explanatory notes related to the assignment, as necessary; and  

(d) Communication with and participate in meetings and discussions with RTSL Prevent Epidemics Legal Team and the National Department of Health Legal Office Head. 

Qualifications and Experience 

5.1 The Consultant must:- 

(a) have a Master of Laws degree or related qualification, preferably in public health laws and policies;   

(b) have a minimum of five years of experience in legislative affairs, especially related to national implementation, formulation, and analysis of policies and legislation; 

(c) be familiar with the International Health Regulations (2005), other health security instruments, and public health issues; 

(d) understand multi-sectoral and One Health approaches to achieving global health security objectives; 

(e) be familiar with national government structure and functions relating to public health, legislative framework, and processes; 

(f) have a good analytical skills and proven ability to synthesize and summarize findings and produce clear and concise reports; and 

(g) have excellent written and oral skills with demonstrated experience documenting and disseminating research findings.  

5.2 The consultants who are based and working in South Africa will be preferred. 

Duration of the Work  

6. The consultancy is expected to take place over six months. RTSL will determine the exact number of working days in consultation with the selected Consultant. 

Duty Station  

7. The Consultant will be based in Pretoria, South Africa and is expected to use their own computer or other equipment required for the work.

Scope of financial proposal and schedule of payments  

8.1 The Consultant will be paid the amount determined by RTSL inclusive of all costs, considering the selected Consultant's experience and earning history for comparable work.  

8.2 Payments will be made in installments based on key deliverables and upon certification of satisfactory work as per the work plan endorsed by RTSL. 

Documents and submission process 

9.1 While submitting a technical proposal, the Consultant shall, in particular, ensure to cover the following: 

(a) profile of the Consultant explaining why they are the most suitable for the work;

(b) relevant experience;

(c) detailed methodology and conceptual framework with expected deliverables and timelines expected working days required;

(d) Recent CV. 

9.2 The financial proposal shall specify a total lump sum amount (including a breakdown of costs for fee and number of working days). All costs shall be specified in South African Rand (ZAR). 

Applications 

Candidates for this consultancy must submit a letter of interest and all other documents outlined in section 9.1.  

RTSL accepts and reviews applications on an ongoing basis. We are grateful for your interest in our work and for your application. Unfortunately, due to the volume of applications, we are unable to respond to every applicant. Someone from our talent team or hiring team will contact you if your qualifications match the role.

RTSL believes its programs are strengthened when they are developed and supported by individuals with diverse life experiences whose understanding of social and cultural issues can help make our work and workforce more inclusive. We encourage applications from and provide equal employment opportunities to all qualified applicants without regard to race, color, religion, gender, gender identity or expression, ancestry, sexual orientation, national origin, age, disability, marital status, organ donor status, or status as a veteran. Resolve to Save Lives complies with all applicable US EEO laws.