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

Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi
Final Report
(i) the design and construction of an infrastructure facility, together with
the operation of services relating to it and the provision of finance, if
required, for such design, construction and operation; or
(ii) the construction of an infrastructure facility, together with the
operation of services relating to it and the provision of finance, if
required, for such construction and operation; or
(iii) the design and construction of an infrastructure facility, together with
the provision of finance for such design and construction; or
(iv) the provision of services relating to an infrastructure facility for not
less than 5 years and the provision of finance, if required, for such
services;
(b) to the extent that a public-private partnership arrangement involves an
existing infrastructure, the Government Authority will only undertake such
work after ensuring that the Privatisation Unit has no plans to undertake similar
work in terms of the Public Enterprises (Privatisation) Act;
(c) subject to subsection (4), arrange or provide for a payment to a partner,
(d) enter, where appropriate, into an agreement (in this Act referred to as a
‘‘direct agreement’’) with a person who has arranged or provided funding for the
partner for the carrying out of the public-private partnership arrangement,
(e) transfer an interest, or part of an interest, of the Government Authority in an
infrastructure facility or part of an infrastructure facility, to the partner, or,
subject to the prior consent of the appropriate Minister or, if the Government
Authority is a Minister of the Government, subject to the consent of the Minister
for Finance, to a nominee of the partner by transfer, assignment, conveyance,
grant of lease or licence or otherwise,
(e) take a transfer of an interest of the partner or a nominee of the partner, in an
infrastructure facility or part of an infrastructure facility, by transfer, assignment,
conveyance, grant or surrender of lease or licence or otherwise.,
(2) Subject to subsection (3) and (4) the Government Authority may, whether or not for
consideration, transfer, convey or assign its interest in any real or personal property
(including leaseholds) owned or held by such Government Authority to a company
formed under Section 13 for the purpose of enabling such a company to carry out its
financing functions in connection with public investment projects.
(3) A Government Authority shall not convey, assign or transfer any such property to
any such company unless the consent of the Minister and the appropriate Minister has
been obtained.
THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 112