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

Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi
Final Report
20. The Secretariat of the Agency shall consist of the Director General and other
employees of the Agency appointed under this Part.
Director General of the Agency
21. (1) The Agency shall appoint, on such terms and conditions as it may determine, a
Director General of the Agency who shall be the chief executive officer of the Agency
and shall in addition perform such duties as the Board shall assign to his office and
ensure the effective administration and implementation of the provisions of this Act.
The Director General shall, at a minimum, meet the qualification requirements of a
member as stipulated in Section 9(5).
(2) The Director General shall –
(a) report and be accountable to the Board; and
(b) carry out such duties as the Board shall assign to him or her.
(3) Without derogation from the generality of the responsibilities and duties of the
Director General conferred under subsection (1), the duties of the Director General shall
include the following -
(a) to formulate and submit to the Board proposals and recommendations for the
development of public investment projects;
(b) to prepare for consideration by the Board the policy framework, programme
strategies, selection criteria and annual targets for public investment projects;
(c) to establish operational guidelines and transparent procedures for
preparation and implementation of public investment projects; and
(d) to carry out studies on issues relating to improving the business environment
and recommend policy changes to facilitate public investment projects.
(4) The Director General or, in his absence, such other officer of the Agency as the
Director General may designate shall attend meetings of the Board and may address
such meetings, but shall not vote on any matter-
Provided that the person presiding at any meeting may, for good cause which shall be
recorded in the minutes of the meeting require the Director General or such other officer
to withdraw from such meeting. For the purpose of this Subsection good cause shall
mean exclusively that highly sensitive or confidential information is to be revealed or
that information concerning the Director General is to be discussed, including by way of
example, performance, salary, contract terms, etc. and in that case the Director General
shall be excused from the meeting only for the time of the highly sensitive or
confidential discussion and such departure from the meeting due to such discussion
shall be recorded in the minutes of the meeting.
THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 123