Development of Policy, Legal, and Insitutional Framework for - ppiaf
Development of Policy, Legal, and Insitutional Framework for - ppiaf
Development of Policy, Legal, and Insitutional Framework for - ppiaf
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<strong>Development</strong> <strong>of</strong> <strong>Policy</strong>, <strong>Legal</strong>, & Institutional <strong>Framework</strong> <strong>for</strong> the PPP Program in Malawi<br />
Final Report<br />
ISSUES:<br />
This Act is outdated. It could do with some review to bring it up to date.<br />
The sector needs to establish appropriate mechanisms to control quality.<br />
Develop systems that can ensure that there is transparency <strong>and</strong><br />
accountability <strong>for</strong> the delivery <strong>of</strong> services.<br />
27. The Environment Management Act<br />
The Act’s main objective is to provide <strong>for</strong> the protection <strong>and</strong> management <strong>of</strong> the<br />
environment. The Act entitles every person to a right to a clean <strong>and</strong> healthy<br />
environment.<br />
ISSUE:<br />
<br />
En<strong>for</strong>cement remains a huge challenge. There are competing dem<strong>and</strong>s between<br />
the need <strong>for</strong> development <strong>and</strong> the realisation that such development has to be<br />
undertaken in an environmentally friendly manner <strong>for</strong> it to be sustainable.<br />
28. Anti Money Laundering <strong>and</strong> Finance <strong>of</strong> Terrorism Bill<br />
Malawi does not have a law against money laundering or financing <strong>of</strong> terrorism.<br />
This has implications on the cost <strong>of</strong> doing business internationally.<br />
ISSUE:<br />
<br />
The cost <strong>of</strong> doing business internationally is said to have increased by as<br />
much as US$1.0 million per month by reason that Malawi does not have any<br />
legislation governing money laundering. A Bill has been be<strong>for</strong>e Parliament<br />
<strong>for</strong> a number <strong>of</strong> months. The approval <strong>of</strong> this bill is now a matter <strong>of</strong> great<br />
concern to captains <strong>of</strong> industry in Malawi.<br />
Potential areas <strong>for</strong> PPP Projects<br />
Local Assemblies:<br />
Under the government’s decentralisation policy, there are proposals to devolve<br />
water distribution <strong>and</strong> sales to local assemblies. The water boards will supply<br />
water in bulk to water reservoirs in the local assembly areas, from where local<br />
assemblies will distribute it to consumers in their areas, bill <strong>and</strong> collect the<br />
charges. However, local assemblies do not have the capacity to h<strong>and</strong>le such<br />
tasks. This <strong>of</strong>fers good potential <strong>for</strong> PPPs.<br />
Local Assemblies are also responsible <strong>for</strong> road maintenance. This is another area<br />
<strong>for</strong> PPPs.<br />
There are other infrastructure services as well which could be procured under<br />
PPP arrangements.<br />
Exp<strong>and</strong>ing the water kiosks is another possibility <strong>for</strong> PPPs.<br />
There are many opportunities <strong>for</strong> PPPs at the municipal level. Services such as<br />
sewage treatment, refuse collection, sanitation, city cleaning, l<strong>and</strong>scaping, public<br />
transportation, kiosks to provide services to the public, public lavatories, car<br />
parking, covered markets, recreational facilities <strong>and</strong> even social services, all<br />
could be provided by the private sector in partnership with local governments.<br />
THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 101