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

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Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report Another idea will be for the PPP Unit to “twin” with a mature and well established PPP Unit in Africa, Asia, or Europe to support training and sharing of information. South Africa has the advantage of proximity, and has a Public Finance Management Act similar to that of Malawi. Knowledge Retention & Transfer Knowledge retention & transfer is a major topic in many organizations. Retention of knowledge, management of information, and development of underlying supporting structures has to be an emphasis in any organization, including the new PPP Unit. As there was universal agreement that the new PPP Unit should be small and agile, development of underlying support structures would require having a backup person who is able to assume responsibility for PPP transaction, and to support cross training and development of professional and technical staffs. The common way is to have at least one senior person shadow another person. We suggests the ‘shadowing’ can be simply allocation of responsibility to ‘shadow’, this will not necessarily mean attending meetings, only to ensure to set up regular briefings with their counterpart, go through files and report issues and support quality assurance of documentation etc. This is one of the best ways of cross training and developing supporting professional and technical staff. We suggest that the supporting professional and technical people undertake more of project management and documentation, tracking progress and logging into an Access database. In addition, the PPP Unit can through this process develop a standardized up to date project filing system. This will ensure that a lot of the details of project management are not lost and there is a better appreciation of project tracking, monitoring, and recording of transactions, with the Project Transaction Manager being primarily responsible for implementation rather than tracking, monitoring, and recording. V.I. Relationship of PPP Unit to Other Government Departments and Agencies We evaluated the relationship between central Government Departments and their Agencies. The IP3 team examined in particular the Office of the President & Cabinet (OPC) together with the Department of Statutory Corporations (DSC) and the Privatization Unit (PC), the Ministry of Trade and Private Sector Development (MoTPSD), and the Malawi Investment Promotions Agency (MIPA) and Export Agency, the Ministry of Finance and the Public Enterprise Reform Monitoring Unit, as well as the Ministry of Economic Planning & Development (MoEPD). The Role of Ministries in PPPs In identifying the institutional framework for the PPP Unit, see Chapter 4, the team highlighted the central role of line ministries. Ministries are required to identify, promote and champion PPP projects, in which the Unit will play a supporting role in assessing affordability, value for money and potential risk transfer to the private sector through a three-stage feasibility process. The PPP Unit is there to support the output, not act as another level of bureaucracy. The approach and relationship required by the PPP Unit and the line ministries including their SOEs are at the opposite end of the spectrum for the privatization process. Under new PPP initiatives, SOEs have to commercialize and strengthen their operations to match those of potential private sector partners. This will call for initial investment to improve those areas THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 58
Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report within the capacity of the SOE in order for the latter to get ready for the potential ‘marriage’. This process in some industries may take a number of years to achieve before the PPP project can be realized. On the other hand, there are many ‘green-field’ PPP project opportunities without the direct involvement of SOE, where the government offers land, resources and or services. The role of the Ministries is both central and critical to the PPP process. To support PPP initiatives in the Ministries there will be a need for senior PPP transaction managers to be in place within the Ministries to work with the proposed PPP institution structures. To support PPP projects initiated by the Ministries and other agencies, a counterpart Transaction Coordinator of a caliber similar to that of the Sector Transaction Managers in the PPP Unit should be appointed by the sponsoring line ministries for large-scale PPP projects. Therefore, after the initial ‘green light’ to complete a PPP feasibility study, ministries can commence with the appointment of a contract PPP Management Resource to be based in the sponsoring Ministry or organization, creating a “PPP Node.” This will build up the expertise and capacity within the line ministry as the PPP process gathers momentum. Local Authorities and Regional Government Institutions In a manner similar to that of line ministries, one would expect to see regional organizations being proactive by identifying and sponsoring PPP projects, either alone or in combination with other local interest groups, while seeking technical guidance from the PPP Unit. When working at a regional or local level there are differences in the types of projects, the scale, and needs in the regions. Once the Project Development Fund (PDF) is established direct support will be available to regional and local governments for PPP transactions. Case Example: PPP and Local PPP Initiatives in South Africa One of the major issues identified in South Africa was the level of additional support local authorities; government institutions and even community councils need to commence the PPP project initiatives. Indeed in South Africa had a specialist support structure was established to help develop local initiatives at the start of the PPP projects. Since then the need for additional support has decreased, due to hands on experience gained by local Municipalities. Therefore, PPP concepts are now well understood throughout South Africa and the role of the MIIU after some years as ceased. M unicipal Infrastructure Investm ent U nit (M IIU ) USAID (U SA ) $ £ DFID (UK) R Government of South Africa S. Africa Private Sector Reps & NGOs 6. Release Funding M SP Project Development Grant Fund ($4 m) Private PPP Advisors M IIU Board of Directors (10) 2. Approve M IIU Professional Staff (8) Funding USAID Tech. Asst. 3. ToR for PPP 1. Request for PPP Advisors Tech. A ssistance 4. Issue RFPs for A dvisors 5. PPP Feas . S tudies, D raft Contracts, Bid Evaluation, etc. Local A uthorities 7. P PPs Private $ THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 59
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Development of Policy, Legal, and Insitutional Framework for - ppiaf

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