In Land

Background

The Alliance for Food Sovereignty in Africa (AFSA) is a dynamic network of civil society actors advocating for food sovereignty and agroecology across the African continent. Representing diverse stakeholders such as smallholder farmers, pastoralists, indigenous communities, and environmentalists, AFSA is focused on promoting sustainable agricultural practices. Currently, AFSA is acquiring land in Luwero District, Uganda, to establish an agroecology training center. To ensure a smooth, legally sound land acquisition process and provide general legal support to the organization, AFSA seeks the services of qualified legal counsel.

Objective of the Assignment

The objectives of this assignment are:

  1. Land Acquisition Support: Provide expert legal assistance to guide AFSA through the entire land acquisition process, ensuring compliance with all legal requirements.
  2. General Legal Services: Offer ongoing legal advice and services to AFSA to support its organizational functions and activities in Uganda, ensuring that all operations are aligned with local, regional, and international laws.

Scope of Work

The legal counsel will be responsible for the following tasks:

  1. Land Acquisition Support
  2. Legal Research and Advice: Conduct a comprehensive review of Ugandan land laws, regulations, and policies. Advise on different land ownership and usage options (e.g., freehold, leasehold) and their implications for AFSA.
  3. Due Diligence and Property Investigation: Perform due diligence on prospective properties, including title verification and encumbrance checks. Advise on legal risks and acquisition strategies.
  4. Negotiation and Agreement Drafting: Assist in negotiating with landowners, drafting, and reviewing all agreements to ensure compliance with relevant laws.
  5. Title Transfer and Documentation: Oversee title transfer and registration processes, ensuring all legal procedures are correctly followed.
  6. Representation in Legal Proceedings: Represent AFSA in any legal proceedings related to land acquisition or disputes.
  7. General Legal Services
    1. Contract Review and Drafting: Review, draft, and negotiate contracts and agreements across AFSA’s various activities (e.g., partnerships, grants, service contracts).
    2. Regulatory Compliance: Ensure that AFSA complies with relevant national and international laws, including labor, environmental, internal, and external disputes, and financial regulations.
    3. Organizational Governance: Advise on legal matters related to governance, including board responsibilities, member organization obligations, and risk management.
    4. Employment Law: Provide legal advice on employment contracts, dispute resolution, staff rights, and compliance with Ugandan labor laws.
    5. Intellectual Property (IP): Assist in protecting AFSA’s intellectual property rights, including trademarks, copyrights, and patents, where relevant.
    6. Policy Advocacy Support: Offer legal guidance related to advocacy and lobbying efforts, ensuring compliance with local laws governing civil society engagement.
    7. Legal Risk Management: Provide ongoing risk assessments and develop strategies to mitigate legal risks associated with AFSA’s operations.

Deliverables

The legal counsel is expected to deliver:

  1. a) A comprehensive legal opinion on land acquisition in Uganda and general legal operations.
  2. b) A detailed timeline and action plan for the land acquisition.
  3. c) Drafted and finalized legal documents for land acquisition, contracts, and any other relevant agreements.
  4. d) Representation in legal disputes (if necessary).
  5. e) A compliance checklist to ensure AFSA’s adherence to local and international legal standards.

 

Qualifications and Experience

The ideal candidate should possess:

  1. A law degree from a recognized university.
  2. Extensive experience in real estate law, contract law, and corporate governance, particularly in Uganda.
  3. Proven track record of supporting land acquisitions and organizational legal functions.
  4. Knowledge of Ugandan labor, tax, and intellectual property laws.
  5. Excellent communication, negotiation, and legal drafting skills.
  6. Experience working with non-governmental organizations (NGOs) is a plus.

Timeline and Budget

The legal counsel will provide a detailed estimate of time and costs involved upon engagement, tailored to AFSA’s specific needs.

Consultation and Adjustments

This ToR serves as a general guideline and may be adjusted to meet the projects and organization’s evolving legal needs.

Submit your expression of expression before October 9, 2024, to charles.tumuhe@afsafrica.org with the email subject “Legal Counsel _ General Legal Services and Land Acquisition.”

 

 

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