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

Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi
Final Report
‘‘Director General” means the chief executive officer of the Agency;
‘‘equity’’ means any financial interest resulting from the purchase of shares for a
consideration;
“financial institution” has the meaning ascribed thereto in the Banking Act;
‘‘functions’’ includes powers and duties, and a reference to the performance of functions
includes, with respect to powers and duties, a reference to the exercise of the powers
and the carrying out of the duties;
‘‘Government Authority’’ means any of the persons and bodies outlined in the First
Schedule;
“immediate family member”, in relation to a person to whom Section 18 applies,
means—
(a) the person’s spouse, child, parent, brother, sister, grandchild, grandparent, or
(b) a person with whom the person is cohabiting.
‘‘infrastructure facility” includes an existing asset or an asset to be provided under a
public-private partnership arrangement and means physical facilities and systems that
directly or indirectly provide services to the general public;
“investor” means an individual, a company, an established fund, a mutual fund, a
financial institution, or any other institution, entity or commercial venture whether local
or foreign, and in any format of enterprise recognized by the Companies Act, intending
to invest in infrastructure facility under a public-private partnership arrangement, but
does not include the Government, a Local Authority or a public enterprise;
‘‘Local Authority’’ means a District Assembly, City Assembly, Town Assembly, or
Municipal Assembly, for the purposes of the Local Government Act, 2001;
‘‘Minister’’ means the Minister for Finance;
‘‘operation’’ includes management and maintenance;
‘‘partner’’ has the meaning given to it by Section 4(1)(a);
‘‘public investment projects’’ includes projects involving public-private partnership
arrangements;
‘‘public-private partnership arrangement’’ has the meaning given to it by Section 4(1);
‘‘Public Accounts Committee’’ means the Committee of Parliament of Malawi
established under its Standing Orders and mandated to examine and report to the
Parliament on the appropriation accounts and reports of the Auditor General;
“Public Appointments Committee” means the Public Appointments Committee
established under Section 56(7) of the Constitution;
“public-private partnership” means a form of cooperation in which the Government
partners with a private sector partner to build, expand, improve, or develop an
THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 110