Document of The World Bank FOR OFFICIAL USE ONLY Report No: 21357 IMPLEMENTATION COMPLETION REPORT (IDA-25350) ON A CREDIT IN THE AMOUNT OF SDRs 12.8 MILLION TO THE GOVERNMENT OF THE REPUBLIC OF ZAMBIA FOR A FINANCIAL AND LEGAL MANAGEMENT UPGRADING PROJECT DECEMBER 26, 2000 This document has a restricted distribution and may be used by recipients only in the performance of their official duties. Its contents may not otherwise be disclosed without World Bank authorization CURRENCY EQUIVALENTS (Exchange Rate Effective December 26, 2000) Currency Unit = Kwacha 1 Kwacha = US$ 0.000219 US$ 1 = 4,565 Kwacha FISCAL YEAR July 1 June 30 ABBREVIATIONS AND ACRONYMS APL Adaptable Program Lending ATC Accountancy Trairning College CBU Copperbelt University FILMUP Financial and Legal Management Upgrading Project GRZ Government of Zambia IA Implementing Agency ICR Implementation Completion Report IRC Industrial Relations Court MOLA Ministry of Legal Affairs NATECH National Technicians Qualification NSBM National School of Business Management PIRC Privatization and Industrial Reform Credit PIRCTA Privatization and Industrial Reform Credit Technical Assistance PSCAP Public Service Capacity Building Program QAG Quality Assurance Group ROC Registrar of Companies SAR Staff Appraisal Report ZIALE Zambia Institute of Advanced Legal Education ZICA Zambia Institute of Chartered Accountants ZLDC Zambia Law Development Commission ZNTB Zambia National Tender Board Vice President: Callisto E. Madavo Country Manager/DirectoT: Yaw Ansu Sector Manager/Director: Brian D. Levy Task Team Leader/Task Manager: Denyse E. Morin FOR OFFICIAL USE ONLY Zambia Financial and Legal Management Upgrading Project CONTENTS Page No. I Protect D)ata 1 2. Principal Performance Ratings 1 3 Assessment of Development Objective an(d Design, and of Quality at Entry 2 4. Achleveml-enit ol Obljective and Outputs 5 5 Malor Factors Affectmg Implementation anLd Outcome 9 6 Sustainability 11 7 Bank and Borrowcr Performance 12 X Lessons Learned 14 9 Partner Comments 15 1 0 Additional Infomiation 16 Alnex I Key Performanice Indicators/Log Frame Matrix 17 Aunex 2 Pro.lect Costs and Financing 20 Annex 3 1E,conomic Costs and lBenetits 22 Aunex 4 Bank Inputs 23 Annex 5 RZatings for Achievement of Objectives/Outputs of Componients 24 AnneICx 6 Ratings of Bank and Borrowver Performance 25 Annex 7 List of Supporting Documents 26 Annex 8 Supervision Reviews of FILMUP (1993-2000) 27 Annex 9. Persons Interviewed 29 Amnex 10 Private Sector Feedback on the Comunercial List 30 This document has a restricted distribution and may be used by recipients only in the performance of their official duties. Its contents may not be otherwise disclosed without World Bank authorization. Project ID: P003258 Project Narme: FINANCIAL &LEGAL MANAGEMENT UPGRADING Team Leader: Denyse E. Morin TL Unit: AFT12 ICR Type: Core ICR Report Date: December 26, 2000 1. Project Data Name: FINANCIAL & LEGAL L/C/TF IDA-25350 MANAGEMENT UPGRADING Number Country/Department ZAMBIA Region: Africa Regional Office Sector/subsector: BY - Other Public Sector Management Key Dates PCD: 11/19/1992 Effective: 12/23/1993 12/23/1993 Appraisal: 01/19/1993 MTR: 02/27/1997 02/27/1997 Approval: 07/13/1993 Closing: 06/30/1999 06/30/2000 Borrower/Implementing Agency: GOVT. OF ZAMBIA/MOFED, MOLA, ZICA Other Partners: None Vice President: Callisto Madavo Edward Jaycox Country Manager: Yaw Ansu Stephen Denning Sector Manager: Brian Levy David Cook (Acting Chief) Team Leader at ICR: Denyse Morin Uche Mbanefo ICR Primary Author: Richard J. Carroll 2. Principal Performance Ratings (HS=Highly Satisfactory, S=Satisfactory, U=Unsatisfactory, HL=Highly Likely, L=Likely, UJN=Unlikely, HUN=Highly Unlikely, HU=Highly Unsatisfactory, H=High, SU=Substantial, M=Modest, N=Negligible) Outcome: S Sustainability: L Institutional Development Impact: SU Bank Performance: S Borrower Performance: S Quality at Entry: S Project at Risk at Any Time: No - 2 - 3. Assessment of Development Objective and Design, and of Quality at Entry 3.1 Original Objective: The original objectives of the Financial and Legal Management Upgrading Project (FILMUP) as stated in the Staff Appraisal Report (SAR), June 22, 1993, were to: (1) Improve the flow of government business; (2) Improve the implementation of development programs; and (3) Facilitate reform. At the outset of the project, many of the basic financial aid and other processes were in disarray. The project aimed at putting in place the building blocks that would set the stage for deeper subsidiary reforms. These objectives would be achieved by removing obstacles through capacity building and institutional development in the areas of accounting and auditing, public sector procurement, legal drafting, the administration of justice, and the provision of business information. The FILMNUP was essentially a facilitation project that provided basic, practical inputs (vehicles, furniture, computers and training) to Government financial and legal institutions. The project pursued these objectives under three strategic thrusts: (1) Improving key aspects of public private interface, including regulatory, legal, judicial and procurement; (2) Increasing the transparency of the legal process; and (3) Building the accounting profession within Zambia. This strategy was consistent with the national emphasis on private initiative and free market principles that were also expressed in the 1992 Policy Framework Paper. FILMUP was designed to meet needs identified in two other Bank projects, the Privatization and Industrial Reform Credit (PIRC) and the accompanying Technical Assistance (TA), (the PIRCTA), for example, the revision of many laws dealing with business (e.g., the Banking Act and the Companies Act). FILMUP was to provide the resources necessary to build up a permanent capacity to deal with these legal reforms. The Government of the Republic of Zambia (GRZ) requested targeted training and equipment for civil servants in order to build the capacity. Although FILMUP provided inputs to many (13) implementing agencies (Table 1), the overall objectives were clear as the unifying theme was capacity building through hardware and training. 3.2 Revised Objective: No revisions. 3.3 Original Components: FILMUP had two major components: (1) Financial Management Upgrading and (2) Legal Management Upgrading, with support from a Project Coordination and Management Unit (PCMU). The subcomponents of each and their original allocations were: Financial management Upgrading (US$4.0 million) * Upgrade accounting and auditing services through technical support in establishing local qualifications and examinations to Zambia Institute of Chartered Accountants (ZICA-US$1.0 million); * Train intermediate accountants at the Copperbelt University (CBU), the Accountancy Training College (ATC), National Import and Export Corporation School of Business Management (NSBM) (US$1.0 million); and * Improve the Zambia National Tender Board's (ZNTB) and line ministries' procurement performance through training, equipment, procurement reforms and clarifying relationships (US$2.0 million); These interventions were aimed at achieving efficiency in procurement and building the accounting profession by strengthening the domestic accounting regulatory authority, ZICA, increasing the supply of accountants and technicians, and issuing accounting guidelines consistent with international standards. Legal Management Upgrading (US$11.0 million) * Build up legal drafting capacity at Ministry of Legal Affairs (MOLA) and the Zambia Institute of Advanced Legal Education (ZIALE), formerly the Law Practice Institute and the Institute of Legislative Drafting (US$3 million); * Improve the administration of justice with provision of equipment, training and court space to the Judiciary, including the Industrial Relations Court (IRC) (US$5.7 million); * Print the revised Laws of Zambia (US$2.0 million); and * Improve availability of information on corporate affairs to investors through training and equipment for the Registrar of Companies (US$0.3 million). The improvement in the administration of justice aimed at accelerating the resolution of commercial cases and thereby improving the Government's operations that deal with the private sector. Building the capacity for legal drafting also aimed at improving the Government's role in creating a climate favorable to a growing private sector through more responsive and precisely written laws and legal opinions. The updating and dissemination of the complete laws of Zambia was desperately needed to equip the legal community because a comprehensive update and consolidation had not been done for 20 years. FILMUP further improved the legal environment for businesses by strengthening the Registrar of Companies' ability to register new companies and provide information to the public about existing companies. - 4 - The remainder of the credit amount consisted mainly of price contingencies (US$1.9 million) and project coordination (US$0.9 million). The components aimed at relieving the priority constraints in achieving the main project objectives. Implementing agencies were not overtaxed because the many FILMUP activities were divided among 13 implementing agencies. Table 1: Implementing Agencies for FILMUP (excl. PCU) CDP~~~~gefwy .. Disbursernei~~~~~~~~~t Per...ent. Financial 3,853.0 1. Accountancy Training College (ATC) 324.5 2 2. Copperbelt University (CBU) 448.1 3 3. National Import and Export Corporation School of Business Management (NSBM) 340.1 2 4. Zambia National Tender Board (ZNTB) 1,679.2 11 5. Zambia Institute of Chartered Accountants 1,061.1 7 (ZICA) ____ Legal 11,016.1 6. Industrial Relations Court (IRC) 818.5 6 7. Judiciary 3,975.2 27 8. Lands Tribunal 44.6 0.2 9. Ministry of Legal Affairs (MOLA) 5,464.5 37 !' 10. Registrar of Companies (ROC) 276.8 2 11. Zambia Institute of Advanced Legal Education 273.6 2 2' (ZIALE) 12. Zambia Law Development Commission (ZLDC) 56.4 0.2 13. Auditor General 106.5 0.6 Total 14,869.1 100 At the Mid-term Review, an additional US$999,503 was allocated to fund an additional 200 sets of the Laws of Zambia and 500 copies on CD-Rom. 2/ ZIALE lost funding because civil works proposals were not eligible for IDA financing. 3' Added at Mid-Term Review. 3.4 Revised Components: No revisions. The components remained as originally designed, although with some small reallocation of funds between components (see Annex 2 tables). The Lands Tribunal was added as a beneficiary at the Mid-Term Review (see Table 1) in order to speed up the delivery of justice with respect to land cases considered important to the overall reform program. -5 - 3.5 Quality at Entry: The quality at entry is rated satisfactory by the ICR as counterparts were deeply involved in project preparation and the design was responsive to national priorities of improving government operations that deal with the private sector, of increasing legal transparency, and building the accounting profession. FILMUP design took into account implementation capacity constraints as implementing agencies set their own programs. The Zambia FILMUP also benefited at the design stage from the experience of another FILMUP that had been financed in Tanzania. There was no Quality Assurance Group (QAG) assessment. 4. Achievement of Objective and Outputs 4. 1 Outcome/achievement of objective: Zambia FILMUP's participating agencies prepared and managed their own components and set their programs according to the three guiding principles of improving the public/private interface, legal process transparency and strengthening the accounting profession. Both the financial component, which encompasses the upgrading of public procurement, and the legal component are rated satisfactory. A summary of objectives, achievements and impacts is provided in Annex Table 1. The expected results of the FILMUP were: Improve the Administration of Justice for Commercial Cases- Faster legal drafting requiring improved capacity in drafting laws, faster and more efficient Industrial Relations Court, and improved administration of justice requiring better training and physical working conditions, and an improved system of legal information for investors. Increase Legal Process Transparency: Revised printed and disseminated complete sets of the laws of Zambia. Strengthen the Accounting Profession: Improved accounting and auditing standards, more qualified accountants (to remedy the dire shortage of accountants - 150 available whereas 420 needed), stronger capacity of ZICA and introduction of a national qualification for technicians. Public Sector Procurement: Faster and more efficient procurement practices and standardized documentation of international standard, (the latter, mainly a legislative problem of establishing rules and requirements and thresholds), and improved the procurement skills of the ZNTB. 4.2 Outputs by components: Legal Management Upgrading The most significant impact of FILMUTP was improving the Government's legal processes that the private sector uses. FILMUP training built capacity in legal drafting - 6 - which was essential to the long overdue revision of Zambian laws and further reform. FILMUP financed training in legal drafting, commercial law, criminal law and international law. In addition, FILMUP provided for 14 master's degree programs for judges and magistrates (Judiciary subcomponent). About half of these were converted to shorter programs because judges could not afford such a long leave of absence. This training had a major impact on the Judiciary transforming the way commercial cases were treated. The training led to the development of a "Commercial List" which placed time-sensitive cases affecting businesses on a fast track for hearing. Commercial cases are now "judge-driven" and are heard in a fraction of the time of criminal cases whose handling has not undergone a similar transformation. Private sector companies have noted the significant improvement in case processing (see Annex 10). Another major impact of training was the initiation of judicial specialization where judges would be assigned cases relevant to their particular expertise and would continue to build expertise and better handle complex and technical cases. For example, judges were better able to take into account the socio-economic impact of their decisions. An important achievement in increasing transparency of the legal process was to print and disseminate the Revised Laws of Zambia (1995 edition), a comprehensive, 26 volume set of laws. Under FILMNP, 1,000 sets were printed (800 originally planned and 200 added at the mid-term review). On its own initiative, MOLA established a revolving fund to purchase another 200 sets (making a total of 1,200 sets). The laws were also put on CD-Rom and 500 copies have been delivered. There is now broad access by government, the legal fraternity as a whole, scholars and the public to up-to-date and comprehensive legal information, which facilitates research for cases by judges and lawyers. One snag is that in some instances there is only the need for certain laws or category of laws, but it is required to purchase the entire set which is beyond the means of some potential customers. Impact would be enhanced if it were possible to purchase excerpts of the laws. Another problem is that updates to the laws is done in an ad hoc way, with owners of the sets of laws responsible for collecting legal amendments as they come through. Owners of CD-Rom law sets will be informed of any revisions and amendments which will be provided through the Ministry of Legal Affairs. To further promote transparency, FILMUP procured much needed books and journals to update legal libraries, which has facilitated legal research and improved the quality of case preparation, legal write-ups and opinions. Future procurements will be enhanced if they are combined with improvements in library management such as better security, enforcing late fines, and documents organization. FILMUP helped rebuild a professional working environment by improving the physical working conditions in a number of agencies through the delivery of furniture and office equipment (e.g., at ZIALE, before which there were no properly equipped offices). The project helped improve also the document security (filing cabinets), data storage (computerization, e.g., at the Judiciary), better access to judges' cases and decisions (Judiciary and IRC), better company information (computerization at the Registrar of Companies), faster document processing and overall improved organization and accessibility of legal information. At the IRC, judges were able to handle nearly five times the caseload targeted (700 in 1999 vs. 150 reported in 1994). With the better performance, adjudication became more attractive to businesses and the caseload - 7 - increased faster than judges' productivity. Although the case backlog did not decrease, more cases were being resolved. Vehicles greatly improved officials' ability to regularly attend court sessions, meetings and other appointments on time. Administration of justice improved locally. Furthermore, vehicles were distributed to the provinces under the Judiciary component. Although the provision of vehicles was an important contribution by FILMU:P to Government operations, it was also one of the least sustainable parts of the project. In the case of ZLDC, for example, of the two 4X4 vehicles it received, one was reported stolen from the police station and the other was damaged in an accident and had been in repair for nearly two years. Financial Component FILMUP strengthened the accounting profession by helping ZICA introduce a locally administered accounting technician qualification, NATECH, which has trained between 600 and 700 technicians on a fee for service basis. NATECH has reduced dependence on foreign institutions for qualification at the technician level. Although the supply of technicians has increased, the demand for technicians has risen rapidly due to the higher requirements of decentralization. Thus, it will take several years to close the gap between the supply and demand for technicians. The next profession building step is to develop a qualification for associate accountants, and then for full, chartered accountants. Another important step in building the accounting profession was that ZICA issued some accounting and auditing guidelines consistent with international standards. ZICA will need further capacity building to effectively regulate the accounting profession. The accounting profession was also strengthened under FILMUP as additional accountants were trained with the help of FILMUP support to the training colleges at ATC, the NSBM and the accountancy department of CBU which represent three of the eight accountant training institutions (the Zambia Center for Accounting Studies being the major training institute). Capacity was created at CBU, ATC and NSBM through the provision of books, equipment and technical assistance, which contributed to nearly a doubling of accounting graduates from those institutions. Vehicles also played an important role as the acquisition of a school bus at one college on the Copperbelt led to increased enrollments because it allowed students to reach the school on the outskirts of town (which was not served by public transport). The provision of computers to the training colleges has led to an increase in graduates with computer skills, which are in short supply in Zambia. FILMUP helped upgrade national procurement capacity by strengthening ZNTB. * Public procurement software has been installed. The acquisition of computers and installment of public procurement software has led to the computerization of the procurement process since January 2000. Processing time and tender costs have been reduced. - 8 - * Procurement guidelines conforming to international standards and acceptable to the majority of users have been produced, widely circulated, debated and implemented with launch workshops held in all provinces with 400 persons attending. The Permanent Secretaries and the donors were afforded a chance to discuss the guidelines. These guidelines are a first step in decentralizing procurement to the ministries. * The motor vehicles acquired have allowed the inspection department to carry out procurement audits. This was a modification of the original plan which had not included vehicles for the inspection department. Upgrading the procurement function was promoted through the Second Economic and Social Adjustment Credit, which had as a trance release condition the implementation of the procurement action plan that was approved in May 1996. All procurements that were planned under the project were completed, except for civil works. Civil works were not carried out as planned because the proposals were not in conformity with Bank guidelines. In the case of ZIALE, new buildings, rather than renovated ones were needed, and in the case of the IRC, the building was not owned by the government, but rather another organization. Another building designated for upgrade was a historical monument and could not be modified. 4.3 Net Present Value/Economic rate of return: Not applicable 4.4 Financial rate of return: Not applicable 4.5 Institutional development impact: The main impact of FIILMJUP on institutional development was achieved through the three strategic thrusts of improving key aspects of the public/private interface (regulatory, legal, judicial and procurement), increasing legal transparency, and building the accounting profession. FILMUP achieved institutional development by providing desperately needed resources to carry out responsibilities. FILMVP succeeded in these three areas of institutional development because Zambia offered an environment predisposed to respect the rule of law along with a sense of professional pride. By providing complementary resources, beneficiary agencies were able to make better use of their human and financial resources. Human resources benefited from training and tools (vehicles and computers) needed to do their jobs. As a result beneficiary agencies functioned better even though the government budget allocations were often inadequate and far below plan 5. Major Factors Affecting Implementation and Outcome 5. 1 Factors outside the control of government or implementing agency. With very few exceptions, FILMUP was rated satisfactory for both components and in all aspects during supervision missions throughout the project life (Annex 8). There was an instance of alleged supplier fraud that may cost FTLvIP equipment valued at US$46,000. The alleged fraud hinges on possible collusion between a supplier and a freighter with respect to a shipment of goods from London. Only part of the order was shipped and the supplier has since gone into liquidation. The matter is still being pursued by the MOF through the Zambian High Commission in London. The Government will keep the Bank apprised of any developments. Poor consultant performance in a few areas also limited the impact of FILMUP. At the ZNTB, the impact was partial because computer system bugs have prevented the printing of tender reports. Although some of the poor performance was beyond their control, a large part of the responsibility lies with ZNTB as described in section 5.3. 5.2 Factors generally subject to government control: The largest factor was the shortfall in government contributions. Government contributed only US$204,000 of its US$1.6 million commitment. Thus, the GRZ did not meet a condition of the development Credit Agreement (Section 3.05 of Article III). Despite this difficulty the project was able to meet its objectives as most procurements were eligible for IDA financing. The Government also tended to provide less resources for the agencies' overall budgets than planned. It was reported that in FY99, GRZ provided only K4 billion of a K13 billion allocation to the Ministry of Legal Affairs. Such shortfalls detracted from the project in a number of ways, including undermining the Government's scrutiny and inspection of contract performance, and lower morale. The slow pace of public sector reform limited the impact of the training program for procurement specialists. Once trained, the specialists could not enter their new positions because government agencies had not been restructured nor had set up procurement units. Even the 90 persons that were trained could not be employed until the agencies had been restructured. The slow pace of public sector reform also impeded the decentralization of procurement. On the legal side, FILMUP was successful in accelerating the delivery of justice once the case reached the court. However, the legal process was still very slow in criminal cases in the investigative and prosecutorial functions, which were not covered under FELMUP. The low Government pay scale also hurt the impact from FILMUP because staff trained under FILMUP were easily tempted to leave Government for higher paying private sector jobs, as was often the case of trained legal drafters. - 10- 5.3 Factors generally subject to implementing agency control: The major positive outcome in terms of implementation was that Implementing Agencies (IAs) generally made very good use of the equipment and training which led to success in improving Government operations that deal with the private sector, legal transparency and strengthening the accounting profession. Most training was successful and, with some exceptions, most notably in legal drafting, trainees did not leave their institutions in significant numbers. The vast majority of trainees under the Judiciary, the largest component, remained with the Judiciary. The Registrar of Companies did so well, that it became independent of Government funding in 1997. It operates on revenues it receives from registering companies, patent and trademark applications, and information requests. There were also difficulties in implementation. The largest difficulty was in ensuring that suppliers and contractors were competent to deliver goods and services. lAs needed further capacity building in quality control. In the civil works category, lAs should have verified ownership of the building to undergo civil works, and should have proposed only rehabilitation and not new construction, which was not allowed under the Development Credit Agreement. There was also an example where the head of the beneficiary institution, in this case ZICA, tended to manage the component in a non- transparent way, restricting others at the institution from information regarding implementation, and reducing FlLMUP's impact in building the accounting profession. The ZNTB was in the throes of preparing for reorganization for the first two and one half years of FILMUP. The ZNTB activities depended on a diagnostic study that was to identify problems in the procurement system and recommend solutions. The study was substandard in part because of poor supervision by ZNTB. Without an acceptable action plan, activities could not proceed, causing a delay of over two years. The ZNTB subcomponent had disbursed a mere US$0.2 million (out of US$1.8 million planned) by end of 1996, but recovered quickly with training and equipment purchases and had disbursed 93 percent of its original allocation by project close. Nevertheless, the lost time resulted in many activities being rushed at the end of the project. Line ministries were not as prepared to set up procurement units, and could not absorb trainees which slowed implementation of the component. The advisory council to the ZNTB has been held up in Parliament and, therefore, not implemented. 5.4 Costs andfinancing: The total credit amount was US$18 million of which 93 percent, or US$16.7 million, was disbursed. The credit was made on standard IDA terms with a term of 40 years. 6. Sustainability 6.1 Rationale for sustainability rating: Sustainability is rated as likely, mainly because there is a follow-up Public Service Capacity Building Program (PSCAP). Otherwise, the sustainability rating would be less likely. Although the training inputs and the resulting benefits of elevating the efficiency and effectiveness of operations among the beneficiary institutions can be sustained for the medium term, the supply and maintenance of other inputs such as equipment and vehicles would not likely be sustained. Although the main project objectives were largely achieved, sustainability is a key issue for FILMUP. Because of FILMP's nature as a facilitation project, combined with the chronic budget difficulties of GRZ, the potential for losing some of the gains is significant. Questions arise as to what will happen as vehicles, furniture and computers age. There does not appear to be a built-in mechanism to ensure that they can be maintained and replaced. In view of low civil service pay, there is also limited assurance that people who were trained will continue in their posts. In the short-run, to counter the threat to sustainability, the GRZ and the Bank have launched the PSCAP. The PSCAP, like FILMUP, has the objective of improving public service efficiency and effectiveness and will continue reforms started under FILM[UP. 6.2 Transition arrangement to regular operations: The PSCAP is the first of a three-stage Adaptable Program Lending (APL) credit in the amount of US$28 million. PSCAP not only provides hardware, but aims at more fundamental public sector reforms that would enhance sustainability of injections of hardware and training. Additional computerization of tender submission and processing at ZNTB (also a beneficiary of PSCAP) and at the ministries are needed to continue procurement reforns. Another remaining concern is that a few of the smaller agencies that benefited under FILMIUP are not targeted under PSCAP (e.g., ZIALE). The sustainability of their gains is therefore in jeopardy. The new Governance program, supported by a number of donors, should promote sustainability of FILMIJP's impact because it emphasizes budgeting, financial accountability and transparency. The Governance plan for building capacity for good governance also focuses on the effectiveness of MOLA including ZIALE, ZLDC and the Lands Tribunal, all of which were FILMUJP beneficiaries. However, it is not clear what resources will be made available to these institutions under the Governance program. - 12 - Bank 7. 1 Lending: Bank performance was satisfactory. In the area of project design, the Bank effectively involved Zambian counterparts. Desperately needed basic hardware and training required to build professionalism and legal services to deal with commercial matters were identified and financed. The major weakness was not to build in a way to sustain the gains of the project. Thus, while important to the national objectives of improving government operations, legal transparency and the accounting function, FILMTUP lacked a strategy to maintain and replace the inputs. 7.2 Supervision: A weakness during supervision was caused by the changes in task team leaders (three different leaders). There were delays in getting no objections following the first change in the task team leaders. Due to complaints from most beneficiaries, the Bank assigned a new task team leader. The task team leader who took over and saw the project to its close worked very well with the beneficiaries. This task leader had a positive approach and good grasp of the project objectives. Most beneficiaries commended this approach especially in its effectiveness in problem solving. Beneficiaries appreciated timely decisions during supervision missions which aided implementation. 7.3 Overall Bankperformance: Bank performance is rated as satisfactory. The Bank did well in helping to group the vast array of needs among 13 beneficiary institutions into six major procurements: two for computers, two for vehicles, one for furniture, and one for equipment. This approach saved money and was a valuable experience in procurement for the agencies involved. However, the Bank might have given additional assistance to the agencies with quality control of some of the contracts. Borrower 7.4 Preparation: The GRZ beneficiaries had a high degree of ownership of project design as they determined their own needs under FILMUP. The inexperience of some of the agencies in procurement did result in some problems with specifications, such as in the balance between computers and peripheral devices. Some agencies purchased too few peripherals, such as surge protectors and printers, for the number of computers to be served. Another example was that at the Judiciary a much more heavy duty copier was required than what was procured. - 13 - 7.5 Government implementation performance: Government performance, to be distinguished from IA performance, was unsatisfactory. The Government was not able to provide the counterpart funding as agreed with the Bank. Out of a budget of US$1,600,000 GRZ contributed only US$204,000 over the entire period of the project. The peak of the implementation period fell in a time of significant macroeconomic difficulties for Zambia. Government's capacity to enforce the contracts was also sometimes weak as it, on occasion, failed to invoke its rights under contracts where the supplier underperformed. The signing of disbursement letters was delayed when the special accounts were under the Ministry of Finance (MOFED). However, the system improved when the accounts were brought under the control of the supervising ministry, MOLA. Similarly, the signing of withdrawal applications speeded up when the panel of signatories was expanded beyond the loans and investments department of MOFED to include the office of the GRZ Coordinator of World Bank programs based at the same ministry. 7.6 Implemenfting Agency: IA performance was satisfactory. Without IAs' ability to plan and use training and equipment for their intended purposes, FILMIUP would not have fulfilled its major objectives. In addition, in almost all cases, lAs utilized their full allocation under the credit. Areas where performance needed improvement was in planning of training, contract/consultant management and monitoring and evaluation. Training requests were appropriate at the Judiciary and the Registrar of Companies, but in some cases tended to be ad hoc rather than tied in to a strategic institutional plan (e.g., ZICA). lAs sometimes had difficulty managing consultants and ensuring full service delivery (e.g., ZNTB's management of the diagnostic study and computerization of tendering consultancies). In monitoring and evaluation, although lAs could keep track of what inputs they were actually getting from FILMUP, they were less able to assess the impact of the inputs on operations. There was a lack of monitorable output and outcome indicators in place by which to judge impact. It would have been particularly important to track how many trainees remained with their institutions and for how long to give a better idea of the benefits from investments in training, and, possibly, the need to provide better incentives to retain newly trained personnel. 7. 7 Overall Borrower performance: Taken as a whole (Government and IA), Borrower performance was satisfactory with the major exception being the counterpart funds shortfall and some procurement problems arising from inexperience. - 14 - 8. Lessons Learned * Externally provided training, equipment and vehicles can be successful in developing legal institutions where there is a fundamental respect for the rule of law. There was a risk in the FILMUP design that the overseas training, vehicles and computers would be wasted if MOLA and the Judiciary did not have a commitment to restoring an operating legal system supportive of the private sector. At the Judiciary, the judges took advantage of the legal training and computerization of caseloads in order to better serve commercial parties. They recognized the time sensitivity of cases and responded by greatly reducing the time necessary to schedule and hear a case. Commercial entities have the perception now that legal remedy is far more effective in Zambia as evidenced by the rapidly growing number of cases. * Professionalism can be rebuilt with basic inputs where there is already a sense of professional duty and pride. FILMUP's provision of basic office necessities such as furniture, office equipment, transportation and training was effectively put into use because members of the accounting and legal profession who benefited from FILMUP had been instilled with a sense of professional duty. At the time of FILMUP, these professionals lacked the basic tools needed to operate as professionals. Had legal and accounting professionals not had such a sense of responsibility, it is doubtful that the NATECH would have been established, or that commercial cases would have been greatly accelerated. * Even when professionalism is the norm, constructive leadership is still a requirement for the successful use of resources. In the case of ZICA, it was clear that although the lAs accomplished significant achievements, their impact was reduced because the component head for most of the project was arbitrary and secretive in his management of FILMUP resources which led to a lack of coherent strategy for the component during the early part of the FILMUP. * Countries with a history of implementation difficulties may need extraordinary intensive assistance to select contractors that are qualified and ensure that they perform satisfactorily. Even though there was a procurement specialist specifically hired to avoid engaging substandard contractors, the specialist himself was substandard and lAs in many cases had to fend for themselves. This breakdown led to poor contractor performance. For example at the ZNTB, did not enforce the contract to get the supplier of the public procurement software to account for specific performance even though the package had left out the module for generating reports. The CBU failed to discipline or terminate the contract of an expert who had performed poorly. In still another case, ZNTB lost an opportunity to engage consultants for training and procurement because they also believed they could avoid the Bank's procurement procedures arguing that time was running out before project close. * Overall public sector reform, including adequate compensation is vitally important to ensuring that institutions can fully realize the benefits of staff training. Slow public sector reform undermined the training for procurement officers - 15 - for attachment to ministerial procurement units because the ministries had not yet carried out decentralization activities. Trained cadets could not be placed in the ministries because the ministries do not yet have decentralized procurement units, nor budgets for the extra staff. The Zambia National Tender Board (ZNTB) is now having to carry the burden of paying these cadets. On compensation, the lecturers who were trained to attain Association of Chartered Certified Accountants (ACCA) or Chartered Institute of Management Accountants CIMA, left CBU after qualifying because of poor remuneration. Although training was provided, improved capacity has not been sustained. In addition, in the absence of civil service pay reform, training as an incentive to work in the public sector is only transitory. Training qualifies personnel for better paying private sector jobs. This is not necessarily bad for the nation as a whole, but it makes it difficult to build and sustain capacity in the public sector as was the case for legal drafters at MOLA. It is important at design stage to consider the sustainability of project activities beyond project life, especially for facilitation projects. F1LMUP really did not incorporate measures to enhance sustainability of equipment and vehicle supply and maintenance. There was discussion of a follow-up FILMUP II as a way to continue the activities, but not a strategic approach to lessen the dependency for further procurement support. 9. Partner Comments (a) Borrower/implementing agency: * By and large the project objectives have been achieved. The project provided much needed funds to improve human capacity and physical working environment in the beneficiary institutions. * Training in World Bank procurement guidelines is essential to all project stakeholders. The lack of knowledge of these procedures often resulted in procurement delays and affected the speed of project implementation. Emphasis is accordingly being placed in new projects on acquiring knowledge of the procedures. * There was no provision for supervisory consulting services in the purchase and installation of computers to ensure that the supplier or contractor either at time of supply or installation provided the correct items as well as properly installing them. Such services are essential to help undertake physical assessment of supplier capacity prior to contracting. * The Government faces serious financial problems in meeting counterpart funding requirements. Therefore, it would greatly ease the pressures on the Government if the requirement of counterpart funding for local costs were eliminated altogether. - 16 - * The enhanced coordinating role of the borrower's representative including the contracting of project staff created stability in the project management and minimized discontinuity in project implementation. * Training can be an incentive for officers to remain in employment where the conditions of service are unattractive. * Being largely a procurement and training related project, FILMUP should be viewed as a foundation project upon which other improvements in financial and legal management can be continued. * Sustainability is not easily achievable in a project with a high output of depreciative assets. (h) Cofinanciers: none (c) Other partners (NGOs/private sector): none 10. Additional Information NA - 17 - Annex 1. Key Performance Indicators/Log Frame Matrix -: Beneficiary --::lnstitution/bjXec-ties - .-:-.Ou.........tpu.ts MU.-oM- FINANCIAL COMPONENT ZNTB _ Improve efficiency of Completed diagnostic study. Faster tender processing. tendering process. Computerized tender evaluation. Greater document security. Harmonize and Adopted and published a set of Facilitated evaluations of standardize procurement procurement guidelines. bids. guidelines. Improved the basis for inspecting performance of contractors and suppliers. Facilitated procurement by line ministries. Decentralize procurement Procurement units set up in about Ministries conduct more function. 20 ministries and parastatals, of their own procurement. though most institutions do not yet Fewer procurement have units. delays. ZICA Train more accounting Established national technicians' 700 new technician professionals. qualification (NATECH). graduates under NATECH. Build accounting Adopted new accounting and Facilitated the regulation profession through auditing standards consistent with of the accounting and improvement of international standards. auditing professions. accounting and auditing However, ZICA is not yet standards. able to fully regulate the professions and references continue to be made to international accounting bodies rather than to ZICA. - 18- Inti Bt to/ObecisOutputs OuCome/ImpC CBU, ATC and NSBM Train intermediate Doubled rate of graduates from Alleviated the shortage of accountants.. these institutions owing to FILMIJP accountants in the resources country. LEGAL COMPONENT Judiciary Improve the Trained Judges and Magistrates-8 Advent of specialized public/private interface MA degrees, plus shorter courses. judges and magistrates to by accelerating the better understand delivery of justice in Established Commercial List. technically complicated commercial cases. cases. Put commercial cases on a fast-track for resolution. Criminal side of justice not significantly improved because investigative and prosecutorial functions are weak. Industrial Relations Court Improve ability to handle Equipped main courtroom plus Increased case processing cases additional rooms where to hear from 150 to 700 annually. cases. Further increases are Installed computerized case log anticipated. system. Commercial community Provided vehicles. views IRC as a much more attractive option for resolution than before. Thus, case backlog remains high. - 19- enefi a ... ... .. y.. -Instituh n/Objtes u t O-ut-o-e/I- act MOLA Improve capacity in legal Staff selected and trained. National capacity for drafting. (also for legal drafting increased, ZIALE) but limited at MOLA because of trainees Flight to private sector. Print revised Laws of Produced 1,200 copies of the 26- Greatly expanded access Zambia volume set (compared to a target of of comprehensive up-to- 800), plus 500 copies on CD ROM. date legal materials to the legal profession and the public contributing to better preparation of cases and legal opinions. However, access is limited due to high cost of complete sets. ZIALE Support re- ZIALE's average enrollment of 46 For the first time, professionalization by students now have up-to-date provided proper working improving physical library and access to computer conditions for the nation's working conditions. services and internet. institution for qualifying practicing lawyers. Registrar of Companies Improve process for Computerized system to log in new Easier registering process registering companies. and existing registered companies. with uniform, easier to update forms. Improve provision of Replaced manual card system with Much more up-to-date information on computerized data base. information available to companies. companies, such as financial information, company officers, types of business, etc. - 20 - Annex 2. Project Costs and Financing Project Cost by Component (in US$ million equivalent) Project Cost By Component US$ million US$ million Financial Management 4.00 4.30 1.08 Legal Management 10.90 11.00 1.01 Studies and Computer Software 1/ 0.40 - - Project Coordination and Management 0.90 1.40 1.56 Incremental Recurrent Costs 1.00 0.20 0.20 Total Baseline Cost 17.20 16.90 0.98 Physical Contingencies 2.40 - - Total Project Costs 19.60 16.90 0.86 Total Financing Required 19.60 16.90 0.86 1/ Incorporated into financial and legal component at implementation Project Costs by Procurement Arrangements (Appraisal Estimate) (US$ million equivalent) 1. Works 0.60 0.60 - (0.60) __ (0.60) 2. Goods 10.40 1.00 0.20 11.60 (10.40) (1.00) (0.20) - (11.60) 3. Services X 5.40 - 5.40 _____(5.40) - (5.40) 4. Miscellaneous 0.90 1.10 2.00 (0.40) - (0.40) Total 10.40 1.60 6.50 1.10 19.60 (10.40) (1.60) (6.00) (18.00) - 21 - Project Costs by Procurement Arrangements (Actual/Latest Estimate) (US$ million equivalent) Expenditre TCateory ^-- =m -.tIUd. To 6 1. Works 0.02 0.02 (0.02) (0.02) 2. Goods 8.60 2.00 10.60 (8.60) - (2.00) (10.60) 3. Services 0.50 0.10 4.18 4.78 (0.50) (0. 10) (4.18) (4.78) 4. Miscellaneous 1.50 1.50 - - (1.30) (1.30) Total 9.10 0.10 7.70 16.90 (9. 10) (0. 10) (7.50) (16.70) 1/ Figures in parenthesis are the amounts to be financed by the IDA Credit. All costs include contingencies. 2/ Includes civil works and goods to be procured through national shopping, consulting services, services of contracted staff of the project management office, training, teclnical assistance services, and incremental operating costs related to (i) managing the project, and (ii) re-lending project funds to local government units. Project Financing by Component (in US$ million equivalent) IDA Govt. IDA Govt. IDA Govt. Financial 4.52 0.11 4.10 - 90.7 Management Legal 12.32 0.32 10.80 0.15 87.7 46.9 Management Studies and 0.40 - 0.20 - 50.0 Computer Software Project 0.76 0.21 1.40 0.04 184.2 19.0 Coordination and Management Incremental - 1.00 0.20 0.04 - Recurrent Costs Total 18.00 1.64 16.70 0.23 92.8 14.0 - 22 - Annex 3: Economic Costs and Benefits (not applicable) - 23 - Annex 4. Bank Inputs (a) Missions: No. of Persons and Specialty (e.g. 2 Economists, 1 FMS, etc.) Count Specialty Implementation Development Month/Year Progress Objective Identification/Preparation November 1992 4 E, L, P S S Appraisal/Negotiation February 1993 4 E, L, P S S Supervision December 1993 1 TM HS HS March 1994 1 TM S HS June 1994 2 TM, L S S December 1994 1 TM S S April 1995 1 TM S S June 1995 2 TM, L S S April 1996 1 TM S S June 5, 1996 1 TM S S June 24, 1996 2 TM, L S S June 1997 3 TM, L, F S S March 1998 1 TM, P S S June 1998 I TM, P S S March 1999 2 TM, L, P S S May 1999 1 TM, L, P S S June 1999 1 TM, L, P S S November 1999 2 TM, L, P S S June 2000 1 TM, P S S ICR October 7-21, 2000 1 TM/E S S TM-Task Manager, E-Economist, F-Financial, P-Procurement, L-Legal (b) Staff: No. Staff weeks US$ (,000) Identification/Preparation 10.0 31,900 Appraisal/Negotiation 19.8 59,700 Supervision 103.0 372,000 ICR 4.0 20,000 1/ Total 136.8 483,600 1/ Estimate - 24 - Annex 5. Ratings for Achievement of Objectives/Outputs of Components (H=High, SU=Substantial. M=Modest, N=Negligible, NA=Not Applicable) Rating Macro policies NA Sector Policies NA Physical Su Financial M Institutional Development SU Environmental NA Social Poverty Reduction NA Gender NA Other (Please specify) NA Private sector development N Public sector management M Other (Please specify) NA - 25 - Annex 6. Ratings of Bank and Borrower Performance (HS=Highly Satisfactory, S=Satisfactory, U=Unsatisfactory, HJU=Highly Unsatisfactory) 6.1 Bank performance Rating Lending S Supervision S Overall S 6.2 Borrowerperformance Rating Preparation S Government implementation performance U Implementation agency performance S Overall S - 26 - Annex 7. List of Supporting Documents Financial and Legal Management Upgrading Project (FILMUP) - DCA 2535-ZA: Financial Component Final Progress and Impact Assessment Report (for the period 1 November, 1993 to 30 April, 2000), by F.M. Chitalu. Financial and Legal Management Upgrading Project (FILMUP) - DCA 2535-ZA: Legal Component Progress (December, 1993 to April, 2000), by B. Mulamfu, legal component coordinator, May 2000. Implementation Completion Report Financial and Legal Management Upgrading Project (FILMUP), Financial Component, 10 September 2000. Implementation Completion Report Financial and Legal Management Upgrading Project (FILMUP), Legal Component, October 2000. Staff Appraisal Report Zambia Financial and Legal Management Upgrading Project, June 22, 1993. Governance Programme on National Capacity Building, Government of Zambia, 2000. - 27 - Annex 8. Table 1: Supervision Reviews of FILMUP (1993-2000) (6/26/00 - 6/2 7/9 7) PSR/590 Date 6/26/00 11/29/99 6/30/99 5/21/99 3/12/99 3/9/98 6/27/97 Legal S S S S S S S Financial S S S S S S S Procurement S S S S U S S Proj. Dev. S S S S S S S Objectives Impl Program S S S S S S S Counterpart S S S S S S S Funds Project S S S S S S S Management Procurement S S S S U S S Resettlement NR NR NR NR NR NR NR Environment NR NR NR NR NR NR NR Environmental NR NR NR NR NR NR NR Plan Financial NR NR NR NR NR NR NR Covenants Other Legal S S S S S S S Covenants WID NR NR NR NR NR NR NR Monitoring & KR KR NR KR KR KR KR Evaluation (continuation 6/24/96 - 12/6/94) PSR/590 Date 6/24/96 6/16/96 6/5/96 4/6/96 6/30/95 4/19/95 12/6/94 Legal - S - - - - Financial S . Procurement SS Proj. Dev. S S S S S S S Objectives Implementatio S S S S S S S n Program Counterpart 2 S 2 1 2 2 2 Funds - 28 - PSR/590 Date 6/24/96 6/16/96 6/5/96 4/6/96 6/30/95 4/19/95 12/6/94 Project I S 1 I 2 2 2 Management Procurement 2 U 2 2 2 2 2 Resettlement NR - - - - - Environment NR NR NR NR NR NR NR Environmenta NR I Plan Financial NR NR NR NR NR NR NR Covenants Other Legal 2 S 2 1 1 11 Covenants WID - NR - - - - - Monitoring & - NR Evaluation continuation (6/30/94 - 12/9/93) PSR/590 Date 6/30/94 3/22/94 12/9/93 Legal Financial Procurement Proj. Dev. Objectives S 1 Implementation Prog. S 2 1 Counterpart Funds 2 2 Proj ect Management 2 2 1 Procurement 2 2 Resettlement Environment NR NR Environmental Plan Financial Covenants NR NR Other Legal Covenants 1 1 WID Monitoring & Evaluation - 29 - Annex 9. Persons Interviewed Persons Interviewed Name ~~~~~~Titl j I nstitution - Name ~~~~~~~~~~~~~~~~~~~~~~~~~~.. ...T- ...... . .: Rodgers Chibuye Principal Accountancy Training College Kennedy Msusa Administrator CIMA Gertrude Chawatama Director of Court Operations & Judiciary Registrar of High Court A .M. Hamudulu Train,ing Officer Judiciary M. Masilinga Assistant Registrar Judiciary F. N. Mukelebai Chief Accountant Judiciary I. H. Sievu Assistant Secretary Judiciary Beatrice Mulamfu Coordinator - Legal FILMUP - Legal Affairs Francis M. Mbewe Coordinator Ministry of Finance-World Bank Programs Darfy Paul Chaponda Programme Coordinator Ministry of Legal Affairs- Governance Development Naboth Mastain Mwanza Chairman Industrial Relations Court A. M. Banda Assistant Registrar Registrar of Companies W. Mulenga Assistant Registrar Registrar of Companies Fenwick Chitalu Program Officer - (Fin. Coord. World Bank FILMUP) Brian Falconer Financial Advisor World Bank Denyse Morin Task Manager-FILMUTP World Bank Chitundu M. Mwango Secretary & Chief Executive Zambia Institute of Chartered Accountants Eva C. Mukelabai Deputy Director Zambia Institute of Advanced Legal Education Beatrice Kamuwanga Director Law Development Centre M. Akowa Acting Director of Works Zambia National Tender Board Geoffrey Mwela Acting Director General Zambia National Tender Board J. K. Njolomba Director Zambia National Tender Board Lameck Sichone Director of Goods Procurement Zambia National Tender Board Elsie M. M. Sikanyika Board Secretary Zambia National Tender Board - 30 - Annex 10. Private Sector Feedback on the Commercial List D.H. Kemp and Company The observation by D.H. Kemp is that there has been a remarkable change in the way commercial matters are being handled by the Commercial Court since the establishment of the Commercial List as compared to the time when all such cases had to pass through the Principal Registry. The notable change they have discovered in using the Commercial Court is that it is more efficient and disposes of its cases more expeditiously as compared to the other court. The reasons for this being that: I. The court deals only in Commercial Matters hence the Commercial List is less congested thereby giving room to judges to deal with such cases more expeditiously. 2. Another advantage with the Commercial Court is that immediately a suit is filed, it is allocated to a judge for hearing and upon receipt of the file, the judge appoints a date of hearing for the case. This brings about conclusion of the case faster than in the ordinary court where upon filing a suit, parties have to go through the process of exchanging pleadings and thereafter apply to the judge in charge to have the matter settled down for trial. 3. The Commercial Court does not entertain unnecessary adjoumments like in the other court as the party applying for such is made to pay a fine. This prevents unnecessary delays in concluding cases. 4. The fees in Commercial Registry are higher than those in the Principal Registry meaning that a party going to the Commercial Court should have a genuine cause of action. This prevents litigants from bringing frivolous and baseless Law Suits, or other suits which could otherwise be settled outside court. However, the Court would be more efficient and produce better results if judges appointed to hear such cases were trained and specialized in commercial matters. Specialization should not only be restricted to Commercial matters, but to all branches of the law, e.g., constitutional, criminal etc. Consideration should be given to establish other courts in the same manner as the Commercial Court. This would bring about efficiency in the dispensation of justice not only in Commercial Matters but in all cases that are brought before the Courts of Law. Simeza Sangwa and Company The introduction of the Commercial List has been effective so far in the area of speedy delivery of judgments. Judges are paying more attention in cases before the Commercial Court, and litigants bringing their cases through the Commercial Registry should be ready and serious. - 31 - There are however, some "grey" areas in the working of the system. The 'grey' areas relating to borderline cases which have some elements of commercial issues and some elements not relating to commercial law for example in cases where the Zambia Revenue Authority assessment of tax is questioned, the judges are sometimes not sure whether the determining factor for a case to be brought before the Commercial Court should be the content and substance of the case rather than the mode of commencing the litigation. There is need therefore, to clarify the rules of the Commercial Court, as they appear to be too general. There is also need for the judges to show more activism in interpreting and applying the rules. Allocation of cases before the Commercial Court is faster than the Civil Registry. Before the Commercial Court was established, it would take any time up to six months before a case would be allocated to a judge, but now with the introduction of the Commercial Court, a case is allocated within a week after filing. The disposal of cases before the Commercial Court is much faster with sometimes a maximum of six months whereas in the Civil Registry some cases can be pending for three to four or more years. The fact that the judges in the Commercial Court are now very strict about observing deadlines in conducting the pleadings, has sent a new message to both lawyers and clients to be more serious and ready before they bring any case before that Court. There is however need to have the judges better trained in commercial cases in order to deal with the demand of the changing times. There is obviously a learning curve for the officers in the Registry before everything could be said to run smoothly in the operations of the Commercial Court. The success rate in disposal of cases is very high. Levy Mwanawasa and Company (Dissenting View) The new Commercial List, in the view of the this firn, has made the legal process even more inefficient. Statements of proposed witnesses attending before a judge require to be filed before a trial date can be fixed further increasing the line of pending cases. It is not uncommon for such status conferences for trial dates to be fixed five to six months ahead. The Registry staff do not yet know how to operate the computers [project staff confirmed the contrary, that staff can effectively use computers] and the perception is that it was a waste of time to acquire these facilities. When asked to access information on any Court Record, one is told that the date has not been entered and then time is spent to locate the physical file, which may not be found. A part from benefiting the Judiciary in increased Court fees, the Commercial List has not introduced any benefit to the litigants. - 32 - Report on the Operations of the Commercial List Registry The Commercial List Registry was opened to the public on the 3rd day of April 2000. The first two cases were filed on this day. To date a total of 215 cases have been filed in the Registry. The following are the statistics of the said cases: 1. Consent Judgment 15 Matters resolved by way of consent judgment by the parties. 2. Judgment 23 Trial has been held and judgment passed. 3. Default Judgment 15 Judgments obtained upon the default of the defendant. 4. Adjourned Sine die 08 Adjourned at request of the parties. 5. Stay of Execution 01 Pending application. 6. Struck our Awaiting 08 Struck out for failure by the plaintiff to appear. 7. Discontinued 06 Discontinued by the plaintiffs 8. Mediation 12 Referred to mediation from the Commercial List. 9. Dismissed for want of 14 Most dismissed upon failure by prosecution plaintiffs to restore them within 30 days of being struck out. 10. Consent Order 01 Matter stayed by consent pending determination of another matter on same subject or pending joinder of the two matters. 1 1. Trial/Hearing 112 Matters at various stages of full trail or interlocutory hearing.