Legislative Drafting

LEGISLATIVE DRAFTING

Well drafted legislation is fundamental to a country’s and region’s legal system and its overall economic development. Professionals who possess the skills to draft, interpret, and apply laws are essential to protecting democratic forms of government across the African continent. This intensive programme directs participants in achieving an intelligible and confident style of drafting and engages participants in the practical drafting of legislation. It further hones participants’ skills in drafting amendments, interpreting statutes and appreciating the policy behind the drafting process. Using a multidisciplinary approach facilitated by key regional and international experts, participants gain hands-on experience in drafting legislation through regular individual and group exercises and research. By the end of the course, participants’ drafting skills and knowledge will be greatly enhanced.

Programme Outline

1. What is Legislation? 
2. Types, Hierarchy and Structure of Legislative Instruments 
3. Statutory Terminology 
4. The Drafting Process 
5. Policy for Legislation 
6. Research Prior to Drafting 
7. Drafting Legislation 
   • Drafting a Legislative Sentence   
   • Drafting Instructions 
   • Legislative Syntax 

8. The Role of the First Parliamentary Counsel 
9. Legislative Style
10. Preliminary and Final Provisions 11. Legislative Structuring 
11. Substantive Provisions 
12. Drafting a Bill 
13. Domestication of International Agreements 
14. Subsidiary Legislation 
15. Amendments
16. Interpretation 

• Interpretation of Statutes 
• Interpretation of Tax Statutes 18. Drafting Tax Legislation 

19. Law Reform, Revision, and Consolidation 
20. Ethics of Legislative Drafting 21. Procedure for Codification 
21. Constitutions 

• • Comparative Constitutions: The Electoral System and Process 
  • The Constitution Making Process:  The Role of the State and Civil Society 
  • Adoption/Amendment of a Constitution 
  • Good Governance and Constitutionalism

Course Duration and Cost

1 week: $2,245

2 weeks: $4,200

Additional Inclusions

• Course materials, including a resource booklet
• Lunch and refreshments provided daily
• Access to post-course online resources and alumni network

Dates

Week 1: November 13 - 17, 2024

Week 2: November 18 - 24, 2024

Location

Online/In-person

Course Advisor’s 

Eva Jhala 

Eva served as Chief Parliamentary Drafts person and Permanent Secretary in the Ministry of Legal Affairs (Justice) and as Permanent Secretary in the Ministry of Science Technology and Vocational Training. During her tenure as a public servant, she attended and headed many delegations to high level conferences, negotiation meetings, workshops and seminars, covering an array of policy issues in public and private law and policy, governance, education, vocational training, technological and scientific fields.

As a public servant she was part of various Government Teams working on and negotiating important Government projects, for example, streamlining and rationalization of the privatization process, reforming the mining sector, energy and aviation sectors. Mrs. Jhala, during her time as a Civil Servant, also participated in high negotiations were with the World Bank, IMF, the Paris Club and Bilateral donors on various aspects of Government work.

Eva is now the Managing Partner of BEMVI Associates, a team of corporate and litigation legal practitioners, focusing mainly on legislative drafting, antitrust laws, corporate legal services, including energy, mining, agribusinesses, aviation, environmental and water related legal matters, and public private partnerships.

Mrs. Jhala is an ardent protagonist in the realm of constitutional law, not only does she teach comparative constitutions locally and regionally but has also participated in the drafting of the Zambian Constitution, the Kenyan Constitution and the Namibian Constitution. She has taught students from Kenya, Zambia, Uganda, Botswana, Lesotho, Tanzania, Malawi, Ghana, Eswatini and Zimbabwe, in Legislative Drafting, Comparative Constitutions and Policy Development.

Eva has personally drafted, since 1981, many laws for Zambia, including major Statutes (laws) and regulations, and continues to do so as a Legislative Drafting Consultant in the private sector.  She has, therefore, vast knowledge of the Zambian Statute Book, and as a result has been engaged by various clients to do due diligence projects, institutional and legal analysis of statutory bodies and strengthening and creating such frameworks, including in depth legal auditing assignments.

Eva Jhala was Chairperson of the Government Business Licensing Committee, funded by the World Bank, (2007-2008) which Report is still a reference point for reforms in the business sector, and whose recommendations have resulted in major legislative reforms in the corporate and financial sectors. She drafted the current Business Licensing Act, The Companies Act, the Securities Act, Banking and Financial Services Act, the Corporate Insolvency Act, including the Trademarks, Patents, Designs, Circuit Designs, traditional biological knowledge laws and the Property (Secured Transactions) Act and other intellectual property rights laws.

Eva drafted for the SADC-PF, the Eradicating Child Marriage and Protecting Children Already in Marriage Model Law and the Gender-Based Violence Model Law. She drafted the WHO Traditional Medical Knowledge Model Law.

Eva has been a consultant in a number of Countries in the region, such as Ghana, Namibia, Lesotho, Kenya, Uganda, Rwanda, Swaziland, Mauritius, Malawi, Egypt, South Sudan and Seychelles on a number of International Assignments, ranging from drafting of legislation on Land, Access to Information, Public Procurement, Aviation, Business and Commercial, laws and Teaching Public Procurement, Legislative Drafting and Law in Development.

Eva is currently highly involved in undertaking work in the realm of corporate law, anti-trust laws, aviation, mining, energy, water and environmental sectors, including transactional advisory services on major acquisitions in the banking and financial services and legislative drafting, including  advising on matters, developing and reviewing documents, and drafting legislative Bills relating to various subject areas funded by the European Union, World Bank, GTZ, SADC, USAID, AFDB, UN institutions and COMESA, and has worked with dynamic overseas consortium such as NTU and DAI.

Lloyd DeVincenzi 

As a Senior Consultant at XReg, Lloyd assists clients with navigating the complexities and opportunities of the EU’s Markets in Crypto Assets (MiCA) Regulation. He is an experienced lawyer and public policy adviser who has worked closely with regulators, as well as HM Treasury and other government departments in the UK.

Before joining XReg, Lloyd worked in a key role as a legal adviser, legislative drafter and policy lead for the government of Gibraltar which culminated in his appointment as Gibraltar’s first Solicitor General. He is also a member of the Financial Services Resolution and Compensation Committee (FSRCC). Prior to his role in government, he developed the legal and trust services offering for a Swiss private bank and co-founded a law firm that allied with select financial advisers to provide bespoke legal, trust and financial services to an ultra-high-net-worth family. Before moving back to Gibraltar, Lloyd worked in Canada and internationally in the public and private sectors.

Lloyd has participated in treaty negotiations with the European Union and has appeared as an expert before plenary sessions of the Council of Europe’s Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) in Strasbourg and the OECD’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions in Paris. Additionally, Lloyd is trained in the EU’s competition regime.