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

Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi
Final Report
The third scenario is one that might or might not apply to Malawi. Our suggestion is that
Government mobilizes the PPP program with PPP Regulations, then monitor how stakeholders
and investors respond. If stakeholder agencies resist the authority given to the PPP Unit and
Ministry of Finance by the Regulations, and/or if private investors do not show sufficient
interest in PPP transactions because they perceive regulations to be only transitory and not a
sufficient show of commitment on the part of Government, then yes, a new PPP Act should be
enacted.
Introduction to the Report
In the following section on Policy Framework, we present a draft National PPP Policy statement
for Government to review and consider for publishing. Following the Policy section, there is a
section on Legal Framework, where we provide summary descriptions of the best 14 options for
such framework, along with “Pros” and “Cons” columns, then a column for quick reference to
the most relevant international examples. Then we reduce the 14 down to the best 3 by using
international best practice options analysis methods. At the end of that section, we use
subjective analysis to select the preferred option. After the Legal Framework section, we
present our analysis of the Institutional Framework implications of what we have
recommended for Policy and Legal designs, along with a detailed institutional framework for a
PPP Unit that is scaled according to the level of PPP deal flow. Finally, we present a section
called Road Map, which shows a Road Map for implementing the recommendations presented
in this report.
THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 18