Development of Policy, Legal, and Insitutional Framework for - ppiaf

Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi
Final Report
45. Promulgation of regulations
First Schedule
Second Schedule
Part I – Preliminary
Preamble
An Act to provide for the establishment of a body to be known as the PPP Development
Agency and to define its functions, to provide for the legal, regulatory and institutional
framework for the development of public-private partnerships in Malawi and to provide
for matters connected with or incidental to the foregoing.
Recitals
WHEREAS the Government of Malawi recognizes the urgent need for adequate and
sustainable infrastructure as a prerequisite to Malawi’s private sector led economic
development and acknowledges its inadequate capacity to provide such infrastructure
by itself;
AND WHEREAS in order to accelerate the development of the required infrastructure,
the Government deems it necessary to take comprehensive measures to create an
investment climate that will promote its provision by the private sector on the basis of
fair business principles;
AND WHEREAS in order to encourage and facilitate collaboration between the
Government and the private sector in the provision and operation of the said
infrastructure, it is necessary to protect and secure the interest of consumers,
community, and the private sector operators in a fair manner;
AND WHEREAS the Government of Malawi considers it desirable to establish a
favourable legislative framework to promote and facilitate the development and
implementation of privately financed infrastructure projects by enhancing transparency,
fairness, and long-term sustainability and removing undesirable restrictions on private
sector participation in infrastructure development and operation;
THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 108