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The Centre for Human Rights, University of Pretoria (‘the Centre’), is implementing a three-year project on access to the equality courts by the LGBTIQ+ community in the City of Tshwane. The overall goal of the project is to demonstrably promote the enhanced use of the Equality Courts by the South African LGBTIQ+ community in general, and the Tshwane community in particular.

This goal will be achieved through three stages:

(i) research for evidence and knowledge building on the challenges of and impediments to access to the equality courts by the LGBTIQ+ community;
(ii) evidence-based interventions and advocacy for access to the equality courts by the LGBTIQ+ community; and
(iii) capacity building of the LGBTIQ+ community to enhance the development and implementation of relevant advocacy interventions.

Using the City of Tshwane as a case study, the first stage of this project requires knowledge-building on the current state of access to the equality courts by the LGBTIQ+ community and the challenges and impediments to access including legal, social, and institutional challenges. The outcome of this study will help foster an evidenced-based understanding of key issues and inform strategic interventions and advocacy. The study is expected to generate an empirical basis for the advocacy and capacity building elements of the project.

Objectives of the study

The specific objectives of the study are to:

  • Evaluate the role of legal, social, and institutional frameworks in encouraging and discouraging access to the equality courts by the LGBTIQ+ community in Tshwane
  • Document the nature, extent and scope of actual access to and use of the equality courts by the LGBTIQ+ community in Tshwane.
  • Identify the factors related to the legal, social, and institutional frameworks that hinder (and discourage) access, and that facilitate (encourage) access to the equality courts by the LGBTIQ+ community in Tshwane.
  • Identify domestic and international best practices that promote the use of equality courts and anti-discrimination laws by the LGBTIQ+ community.
  • Make recommendations to the community, advocacy groups, equality court personnel, policymakers and the general public on the measures to be adopted to promote use of equality courts and anti-discrimination laws by the LGBTIQ+ community.

Methodology

The study will be predominantly empirical, and anchored in human rights theory. The consultant is expected to conduct interviews with various stakeholders in the City of Tshwane. (Due to COVID-19, some of these interviews may be conducted virtually.) The study should be based on primary sources, including semi-structured interviews with relevant LGBTIQ+ community members and equality court officials. For secondary sources, the study should rely on a broad analysis of the literature on equality courts and anti-discrimination laws in South Africa. To evaluate the existing legal, social, and institutional frameworks, the study should consider quantitative and qualitative factors.

Deliverables

  • An inception report, setting out in detail the methodology and working methods to be adopted, and time lines.
  • Skeletal report (main headings and structure).
  • Draft report.
  • A final report taking into account the feedback from the Centre and other stakeholders.
  • The final report may also be required to be converted into a paper which will form a chapter in a publication or journal article.

Timelines

Task

Date

Contracting

27 November 2020

Inception report

11 December 2020

Skeletal report

11 January 2021

Draft report

12 February 2021

Feedback on draft

26 February 2021

Final report submitted

12 March 2021

Eligibility

Required

  • An advanced university degree (masters or equivalent) in law or social sciences.
  • Demonstrable understanding of LGBTIQ+ issues in South Africa.
  • In-depth knowledge of South African anti-discrimination laws and equality court system.
  • Excellence in written English.
  • A proven record of research and publications in LGBTIQ+ issues, human rights and related subject fields.
  • Demonstrable experience of undertaking similar assignments in the past.

Desirable

  • Postgraduate qualification or specialisation in human rights.
  • Fluent knowledge of, at least, one other South African language spoken in Tshwane.
  • Experience in legal and/or policy analysis in Africa, whether at the regional level or in some African countries.

Terms of payment

The successful consultant will be remunerated upon completion of the study to the satisfaction of the Centre for Human Rights.  The payment will be made in South African Rand.

Application information

Interested applicants should submit the following documents to Mr Ayo Sogunro at ayodele.sogunro@up.ac.za and copying Ms Thiruna Naidoo at thiruna.naidoo@up.ac.za, and indicating ‘Consultant for Equality Court Study’ in the subject of the email, by 29 October 2020:

  • cover letter detailing the applicant’s suitability for the assignment, with reference to the required and desirable qualifications, skills and experience set out above, as well as current contact information, and two contactable referees on previous assignments;
  • detailed CV;
  • short writing sample (published or unpublished article or research paper);
  • technical proposal including a brief research plan setting out the main research questions, and methodology to be adopted; and
  • financial proposal indicating the consultant’s proposed fee for the assignment assignment subject to an amount of no more than R45 000.

Only short-listed applicants will be contacted.