QUALITY MANAGEMENT SYSTEM BASED ON ISO 9001:2015

LEGAL SERVICES UNIT PROCEDURES MANUAL

REVISION: 1
VERSION: 1

Prepared By: Director of Legal Services Approved by: CEO

Signature Signature
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

TABLE OF CONTENTS
DAWASA/LS/OP/01: CONTRACT MANAGEMENT .............................................. 3
DAWASA/LS/OP/02: PROVISION OF LEGAL OPINION AND ADVICE ........... 6
DAWASA/LS/OP/03: BOARD MEETINGS ACTIVITIES ..................................... 8
DAWASA/LS/OP/04: LITIGATION .................................................................... 11

Page 2 of 14
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

DAWASA/LS/OP/01: CONTRACT MANAGEMENT

1.0 GENERAL
1.1 PURPOSE
The purpose of this procedure is to ensure that all contracts between the
Authority and other parties are managed properly and in a timely manner as
required by the law.
1.2 SCOPE
This procedure shall apply to all contracts between DAWASA and other
interested parties.
1.3 REFERENCES
Among others, reference shall be made to the following documents;
a) The Law of Contract Act Cap 345.
b) The Companies Act Cap 212.
c) The Evidence Act, 1967, R.E 2002.
d) DAWASA Client Service Charter.
e) The Public Procurement Act, 2011 with its Regulations as amended in 2016.
1.4 DEFINITIONS/TERMS/ACRONYMS
a) CEO: - Chief Executive Officer
b) DAWASA: - Dar es Salaam Water Supply and Sanitation Authority.
c) DLS: - Director of Legal Services
d) PMU: - Procurement Management Unit
e) PPA: - Public Procurement Act, 2011 as amended in 2016
f) PPAA: - Public Procurement Appeals Authority
g) PPR: - Public Procurement Regulations 2013 as amended in 2016
h) PPRA: Public Procurement Regulatory Authority
1.5 INTERFACES
All departments within the Authority.

Page 3 of 14
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

1.6 INPUTS AND OUTPUTS

INPUTS (Including resources) OUTPUT(S)
Information required for contracts A signed contract
Terms of References
Human Resource Personnel

1.7 RESPONSIBILITY AND AUTHORITY

The DLS shall ensure this procedure is adhered to.

2.0 DETAILS OF PROCEDURE

2.1 This procedure shall start with the DLS receiving a contract review request from
the Procurement Management Unit (PMU).
2.2 The DLS shall receive a draft contract from PMU which is in line with standard
templates of drafting contracts issued by the PPRA.
2.3 The DLS shall, within Seven (7) working days as specified by Public
Procurement Act, review the draft contract for vetting. During vetting the DLS
shall consider;
a) Adequate documents and terms of reference from the user department;
b) Adherence by PMU on the tendering procedure;
c) Contract price against the bidders financial proposal;
d) Address of the tender/bidder;
e) If the contract is in conformity with PPRA requirements;
f) Attachment of important documents; and
g) Implementation schedule of contract.
2.4 In case of any variation or discrepancy, the DLS shall write a memo indicating
the discrepancy and return to the Director of Procurement to incorporate such
amendments.
2.5 The Director of Procurement shall incorporate the comments within four (4)
working days and return the draft contract to the DLS for final review to check
if all comments have been incorporated before signing of the contract.

Page 4 of 14
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

2.6 If the DLS finds that all the comments have been incorporated, then the DLS
shall within three (3) working days, advice the Director of Procurement to
proceed with the signing process.
2.7 Then, the Director of Procurement shall prepare three (3) final copies of
contract and communicate with the successful bidder/ tenderer for signing.
2.8 The DLS shall receive three copies of the contract and forward them to the CEO
for signing where DLS shall witness the same.
2.9 Upon witnessing the signing of the contract by the successful bidder/tenderer
and CEO, the DLS shall retain one copy of the signed contract for reference,
one copy shall be given to the Director of Procurement for filing in the
respective contract file and another copy shall be served to the successful
bidder/ tenderer.

3.0 REPORTING
The following reports shall be produced and maintained by DLS
SN Report Frequency From To
01 Contracts Daily/Weekly/Monthly/Quarterly Principal Legal DLS
report Officer/Legal
officer

4.0 KEY PERFORMANCE INDICATORS

Timely vetting and signing of contracts.

5.0 LIST OF APPLICABLE RECORDS

a) A copy of vetted, signed or drafted contract.
b) A report of Daily/Weekly/ Monthly/Quarterly on vetted and signed contracts.

Page 5 of 14
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

DAWASA/LS/OP/02: PROVISION OF LEGAL OPINION AND ADVICE

1.0 GENERAL
1.1 PURPOSE
The purpose of this procedure is to provide timely legal advice to all
departments.
1.2 SCOPE
The scope of this procedure shall apply to all DAWASA departments.
1.3 REFERENCES
Among others, reference shall be made to the following documents;
DAWASA Client Service Charter.
1.4 DEFINITIONS/TERMS/ACRONYMS
CEO: - Chief Executive Officer
DAWASA: - Dar es Salaam Water Supply and Sanitation Authority
DLS: - Director of Legal Services
DOR: - DAWASA Operational Regions
1.5 INTERFACES
All departments within the Authority.
1.6 INPUTS AND OUTPUTS
INPUTS (Including resources) OUTPUTS
Legal opinion requests Legal opinion
Legal Research Documents

1.7 RESPONSIBILITY AND AUTHORITY

The DLS shall ensure this procedure is adhered to.

2.0 DETAILS OF PROCEDURE

2.1 This procedure shall start with DLS receiving a legal opinion request from the
Head of a respective department/external stakeholder seeking a legal opinion.

Page 6 of 14
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

2.2 The DLS shall asses the nature of the opinion sought and determine to issue
feedback based on the complexity of the issue.
2.3 In case the opinion sought is available at the moment of enquiry, the DLS shall,
within the same day provide the feedback.
2.4 In case the issue is complex, the DLS shall conduct a legal research and compile
a comprehensive opinion within seven (7) working days. DLS
2.5 The DLS shall communicate to the interested party who sought legal opinion
and retain one copy for reference.
2.6 In order to create awareness on legal issues, the DLS shall conduct in-house
training on legal affairs at planned intervals.

3.0 REPORTING
The following reports shall be produced and maintained by DLS.
SN Report Frequency From To
01 Legal Daily/Weekly/Monthly/Quarterly/Annual Principal DLS
Opinion Legal
report Officer/Legal
Officer

4.0 KEY PERFOMANCE INDICATORS

Timely provision of legal opinion.

5.0 LIST OF APPLICABLE RECORDS

a) Evidence of communication.
b) A copy of the legal opinion issued.

Page 7 of 14
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

DAWASA/LS/OP/03: BOARD MEETINGS ACTIVITIES

1.0 GENERAL
1.1 PURPOSE
The purpose of this procedure is for the timely and effective facilitation of
DAWASA Board activities.

1.2 SCOPE
The scope of this procedure shall apply to all activities concerning Board
proceedings.

1.3 REFERENCES
Among others, reference shall be made to the following documents;
a) The Constitution of the United Republic of Tanzania, 1977.
b) The DAWASA Board Charter.
c) Water Supply and Sanitation Act, Act No 5 of 2019.
d) Treasury Registrar’s Circulars.

1.4 DEFINITIONS/TERMS/ACRONYMS
a) CEO: - Chief Executive Officer
b) DAWASA: - Dar es Salaam Water Supply and Sanitation Authority
c) DLS: - Director of Legal Services

1.5 INTERFACES
All departments within the Authority

1.6 INPUTS AND OUTPUTS

INPUTS (Including resources) OUTPUTS
Departmental reports Board papers

1.7 RESPONSIBILITY AND AUTHORITY

The DLS shall ensure this procedure is adhered to.

Page 8 of 14
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

2.0 DETAILS OF PROCEDURE

2.1 The DLS shall in consultation with the CEO prepare a schedule for the Board
meetings at the end of each financial year, which shall be circulated to Board
Members in advance of the following financial year.
2.2 The DLS shall within seven (7) days prepare and circulate upcoming Board
Meetings Notices and Agenda to the Board Directors and Management.
2.3 The Board of Directors and Management shall review the Notices and Agenda
and give comments if any, and then return the same to DLS. (Evidence)
2.4 The Directors or Heads of Departments shall submit their reports to DLS within
ten (10) days prior to each meeting.
2.5 The DLS shall incorporate the comments in respect of the agenda, prepare and
circulate Board Papers to Board Directors and Management at least seven days
prior to each meeting.
2.6 The CEO shall convene the Board meeting as scheduled on the Notices and
Agenda.
2.7 During the meeting, the DLS shall assist the CEO who is the Secretary to the
Board to record and prepare minutes during the Board meeting proceedings.
2.8 The minutes must be completed as soon as possible after the meeting and
circulated to the Chairman and the rest of the members of the Board for review.
Upon receiving comments from Board Members, the DLS shall incorporate the
comments, if any, and prepare the implementation report on matters arising
from the meeting for circulation to Management, for action.
2.9 The minutes must be formally approved by the Board at its next scheduled
meeting.

Page 9 of 14
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

3.0 REPORTING
The following reports shall be produced and maintained by DLS.
SN Report Frequency From To
01 Board proceedings Quarterly, Principal DLS
report Annual Legal
Officer/Legal
Officer

4.0 KEY PERFOMANCE INDICATORS

a) Timely convening of the Board meetings.
b) Timely and accurate preparation and circulation of Board papers.

5.0 LIST OF APPLICABLE RECORDS

a) Board meeting schedule.
b) Notices and agendas.
c) Board papers.
d) Board minutes.
e) Evidence of communication.

Page 10 of 14
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

DAWASA/LS/OP/04: LITIGATION

1.0 GENERAL
1.1 PURPOSE
The purpose of this procedure is to ensure that all cases filed against the
Authority and those filed by the Authority are handled and managed in a timely
and effective manner.

1.2 SCOPE
The scope of this procedure shall apply to all cases filed in courts of law and/or
tribunals.

1.3 REFERENCES
Among others, reference shall be made to the following documents;
a) Employment and Labour Relations Act, 2004.
b) The Public Services Act of 2002.
c) Labour Institutions Act, 2004.
d) The Law of Limitations Act, 1971 Cap 89.
e) The Evidence Act, 1967.
f) The Constitution of the United Republic of Tanzania, 1977.
g) The Judicial Oath (Proceedings), 1966.
h) Companies Act, Cap 212.
i) Civil Procedure Code, Cap 33 R.E 2002.
j) Criminal Procedure Act, Cap 20.
k) The Public Services Standing Orders, 2009.
l) EWURA Act, Cap 414.
m) Public Procurement Act, 2011.
n) Public Procurement Regulations, 2013.

1.4 DEFINITIONS/TERMS/ACRONYMS
CEO: - Chief Executive Officer
DAWASA: - Dar es Salaam Water Supply and Sanitation Authority
DLS: - Director of Legal Services

Page 11 of 14
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

1.5 INTERFACES
All departments within the Authority

1.6 INPUTS AND OUTPUTS

INPUTS (Including resources) OUTPUTS
Court documents Court/Tribunal decisions
Human Resource Personnel

1.7 RESPONSIBILITY AND AUTHORITY

The DLS shall ensure this procedure is adhered to.

2.0 DETAILS OF PROCEDURE

When sued;
2.1 The DLS shall receive a notice of intention to sue/demand letter from the
aggrieved party/parties including unpaid suppliers, service providers and
terminated employee/s.
2.2 The DLS may within seven (7) working days conduct a legal research and case
profile by writing/preparing a legal opinion to determine the possible defences,
preliminary objections or any snags in case of any. In reviewing the case, DLS
shall consider
a) Impact to the Authority.
2.3 Whether it can be solved amicably. In the event, the case can be solved
amicably; the DLS shall prepare responses for mediation/arbitration so that it
can be resolved out of court. The DLS shall maintain records of the
mediation/arbitration proceedings.
2.4 In the event, of a high profile case, the case must proceed to a court of law;
the DLS shall file defences in the court law.
2.5 Upon winning or losing the case, the DLS shall act according to the Court
decisions, or appeal where necessary.
2.6 The DLS shall maintain records of the court proceedings and decisions.

Page 12 of 14
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

When suing;
2.7 The DLS may within seven (7) working days conduct the legal research and
prepare a legal opinion of the case and possible ways.
2.8 If the case has merit, the DLS may issue a demand letter or notice of intention
to sue, to the involved party.
2.9 Upon receiving a response from the involved party, the DLS shall prepare
pleadings and other legal documents and file the same in a respective Court of
Law or Tribunal as per the legal requirements.
2.10 The DLS shall assign the legal officer to attend cases in Courts of Law as per
the diary of the Court.
2.11 Upon winning or losing the case, the DLS shall inform the CEO on the outcome
of the case and act according to the Court decisions, or appeal where
necessary.
2.12 The DLS shall maintain records of the court proceedings and decisions.

3.0 REPORTING
The following reports shall be produced and maintained by DLS.
SN Report Frequency From To
01 Litigation report Weekly/ Principal DLS
Monthly, Legal
Quarterly, Officer/Legal
Annual Officer

4.0 KEY PERFOMANCE INDICATORS

a) Timely serving of summons/demand letter to involved parties.
b) Timely filing of pleadings/defences.
c) Timely preparation of submissions.
d) Successful mediations and arbitrations proceedings to enable settlement of
cases out of court.

Page 13 of 14
 DAWASA – ISO 9001:2015 BASED QUALITY MANAGEMENT SYSTEM

LEGAL SERVICES PROCEDURES

ISSUED ON: 02/11/2019 REF: DAWASA/LS/PM/05
MANUAL

5.0 LIST OF APPLICABLE RECORDS

a) Court Diary.
b) Legal notices/demand letters.
c) Summons received from various courts and tribunals.
d) Court/Legal documents received from opponent parties.
e) Court/Tribunal decisions.

Page 14 of 14