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

Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi
Final Report
(j) if a member of the Board is for stated reasons removed from membership of
the Board by the President if, in the President’s opinion, the member has become
incapable through ill-health of performing his or her functions.
(2) If a member of the Board dies, resigns, retires, becomes disqualified or is removed
from office, the President may appoint a person to be a member to fill the casual vacancy
so occasioned and the person so appointed shall be appointed in the same manner as,
and for the remainder of the term of office of, the member of the Board who occasioned
the casual vacancy.
(3) A member of the Board whose period of membership expires by the passage of time
shall be eligible for re-appointment as a member of the Board, but shall not serve more
than 2 terms.
Allowances of members
12. The members of the Board shall each be paid such remuneration and such
allowances for expenses as the Minister shall from time to time determine.
Authority and functions of the Board
13.(1) The functions of the Board shall be to plan, manage, implement and control
public-private partnership arrangements, or other form of undertaking public
investment projects in Malawi and in particular, but without derogation from the
generality of the foregoing—
(a) to advise any Government Authority of what, in the opinion of the Agency,
are the optimal means of financing the cost of public investment projects in order
to achieve value for money;
(b) to formulate, and recommend to the Minister for approval, public-private
partnership policy guidelines;
(c) to implement public-private partnership arrangements in accordance with
this Act and the regulations issued hereunder;
(d) to advance moneys (including repayable loans and equity) and to enter into
other financial arrangements in respect of projects approved by any Government
Authority;
(e) to provide advice to any Government Authority on all aspects of financing;
refinancing and insurance of public investment projects to be duly undertaken by
means of public-private partnership arrangements or within the public sector,
(f) to form, or cause to be formed, companies, subject to the approval of the
Minister, for the purpose of securing finance for public investment projects
THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 117