Legal and regulatory framework for public-private partnerships in infrastructure development: A case study of three African models and core international frameworks / Adekilekun Mubarak Tijani
In most developing countries, the provision and supply of public infrastructures and services were, until recently, under the total control of the public authorities. However, because of inefficiencies, corruption, lack of skills and technical knowhow that had plagued, and in fact still continue...
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| Format: | Thesis |
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2014
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| Online Access: | http://studentsrepo.um.edu.my/4615/1/Adekilekun%2C_M.T_Thesis.pdf http://studentsrepo.um.edu.my/4615/ |
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| Summary: | In most developing countries, the provision and supply of public infrastructures
and services were, until recently, under the total control of the public authorities.
However, because of inefficiencies, corruption, lack of skills and technical knowhow
that had plagued, and in fact still continue to plague, the provision and supply
of public infrastructure through the traditional public procurement model, as well
as the need to harness private capital and expertise, the governments of these
countries began to divest themselves of their monopoly in the provision and supply
of infrastructures. This paradigm shift from ‘government providing’ to
‘government enabling’ approach necessitates the smart synergy of Public-Private
Partnerships (PPPs). Far more importantly, PPPs also serve as a catalyst for socialeconomic
development for the country. In recognition of the vital role that PPPs
could play in nation’s infrastructure development, governments, especially of the
more progressive developing countries have put in place policies and have
embarked on enacting legislations with the aim of regulating PPPs in their
respective jurisdictions. These laws seek to ensure transparency, accountability and
a level playing field between the government and the private sector partners. This
thesis, therefore, examines the existing legislative framework in Ghana, Nigeria
and South Africa as well as the core international frameworks with the aim of
making specific recommendations for each of the jurisdictions examined as well as
recommending a model regulatory framework for developing countries intending
to adopt PPPs to mend their infrastructure deficits. This study adopted a qualitative
method of legal research which involved both empirical and library-based study.
The study demonstrates that generally speaking the current legislative framework
of South Africa is by far more comprehensive than that of either Ghana or Nigeria
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and, hence, can well serve as a national PPP framework for other developing
countries subject to some changes and adjustments to suit the local conditions and
circumstances. The study also concludes that there is an urgent need to review and
revise the UNCITRAL Law on Privately Financed Infrastructure Projects so as to
better serve as an international legislative model or instrument on PPPs. |
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