FUNCTIONS OF LEGAL SECTION  

Law section is responsible for providing legal services and advice to the Ministry of Forestry and Land Reclamation, its divisions and employees. This section faces a great number of different legal matters which include both internal (staff) l and external (client claims) litigation, employment laws, contract management and much more. As a result in this section, performance of tasks on time is critical and therefore relevant managers from different departments are expected to assist by making right decisions at the right time for efficiency of the section. All the above mentioned activities create the workflow of legal section. If we are to look at the work flow as a whole the following main functions can be seen:

• Providing legal advice and guidance.
• Document preparation and drafting.
• Facilitation of prosecution of cases in courts and litigation management.

Elaboration of these three main functions can be captured in the following manner:

• PROVIDING LEGAL ADVICE AND QUIDANCE

This is a core function of the Legal Section for every day life of the Ministry when legal matters arise which require professional advice pertaining to the maters of the law. It is about giving advice for resolving issues such as implementation of ministerial laws, contracts, grievances, discipline and much more. The function is fulfilled by the following activities;

1. Interpret all laws administered by the Ministry.

1.1 Read provisions to be interpreted.
1.2 Give legal opinion on interpretation sought.
1.3 Search for similar provisions from the Interpretation Act or Law reports.
1.4 Look at the context from which provisions were used.
1.5 Make consultations where necessary.
1.6 Write explanatory notes and memos.
1.7 Give verbal interpretation where appropriate.

2.  Consulted in any legal problem which might arise in the course of ministerial operations

2.1 Meetings.
2.2 Analyze the problem.
2.3 Give legal opinion.
2.4 Take necessary course of action (e.g. negotiations, etc).
2.5Make consultations where necessary.
2.6 Advise relevant authorities.
2.7 Make reports.

3.  Work closely with officers on policy issues

3.1 Consultations.
3.2 Meetings.
3.3 Workshops/Seminars.
3.4 Research on matters at hand.
3.5 Make reports where applicable.
3.6 Seek Minister’s concurrence where necessary.
3.7 Draft memorandum.
3.8 Assist in the drafting of Bills for presentation before Cabinet and then parliament.

4. Educating the public about our laws.

4.1 Participate in pitsos together with relevant officers in the respective departments.

• DOCUMENT PREPARATION AND DRAFTING

This part concerns legal part of document management it is the responsibility of the Legal Section for drafting documents which do not infringe existing legislation and its fulfillment is based upon the following activities;

5.  Assist in the drafting of agreements

5.1 Receive instructions.
5.2 Give legal opinion.
5.3 Hold meetings to discuss the subject matter of the agreement and the modus operandi.
5.4 Prepare the draft agreement.
5.5 Discuss the draft agreement to make corrections, modifications and/or additions.
5.6 Draft final agreement and present it for signature.

6. Assists in drafting of legislation

6.1 Identify goals to be achieved.
6.2 Analyze how that goal will be achieved.
6.3 Consult stakeholders.
6.4 Make policy proposal.
6.5 Obtain the Minister’s approval.
6.6 Seek Cabinet’s approval.
6.7 Consult the Attorney General for legal impediments if any.
6.8Circulate Cabinet’s submission to relevant Ministries for comments.
6.9Instruct Parliamentary Counsel.
6.10.Make Comments on the Bill.
6.11  Prepare explanatory memorandum.
6.12 Prepare draft Cabinet’s submission for the Bill to be presented before Parliament.

7. Drafting contracts of employment for temporary/contract staff.

7.1 Prepare the contracts.
7.2 Explain to the staff and secure necessary signatures.

• FACILITATION OF PROSECUTION OF CASES IN COURTS AND LITIGATION MANAGEMENT

Legal section does not represent the Ministry in the courts of law; this task is given to the attorney general’s office as an official representative of the government in both civil and criminal cases before the courts. Therefore the Legal Section can only initiate such process of prosecution and defense on behalf of the Ministry through process of giving such instructions to the Crown Counsel. The Legal section also does not make representation in disciplinary hearings, either for the Ministry or individual employees save to say that both parties are entitled to legal guidance on question of procedures and substantive law.  This function is fulfilled by the following activities;

8. Liaison

8.1 Acts as formal linkage between the Ministry of Forestry and Land Reclamation and Attorney General Chambers and other legal institutions.
8.2 Gives instructions for prosecution of cases.
8.3 Ensures witness attendance.
8.4 Assists in execution of courts judgments and other judicial decisions.

9.  Facilitate Prosecution of disciplinary cases and grievance hearings.

9.1 Assists panel to follow proper procedures.
9.2 prepare dates for hearing.
9.3 Assists in proper minute taking.
9.4 Assists in proper decision drafting.
9.5 Draft the indictments.