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Public-Private Partnership Act No. 18 of 2023.

Country/Territory
Zambia
Document type
Legislation
Date
2023
Source
FAO, FAOLEX
Long title
An Act to regulate the implementation of public-private partnerships in the Republic; promote the participation of the private sector in the design, financing, construction, development, operation or maintenance of infrastructure or delivery of services through public-private partnerships; provide for the procedures for the approval, award and implementation of public-private partnerships projects in accordance with principles of transparency, fairness, stability, proper management, integrity,competition, economy and long term sustainability; provide for rehabilitation, modernisation, expansion and operation of existing infrastructure facilities and systems and their maintenance; strengthen the institutional framework for the implementation of public-private partnership projects; provide for the establishment of the Public-Private Partnership Office; provide for a transparent project selection process, clear procurement procedures, effective regulatory approvals and expanded contractual models in order to promote private sector investment; provide for the establishment of the Public-Private Partnership Project Development Support Fund; repeal and replace the Public-Private Partnership Act, 2009; and provide for matters connected with, or incidental to, the foregoing.
Subject
General
Keyword
Framework law Public private partnership (PPP) Business/industry/corporations Governance Procedural matters
Geographical area
Africa, Eastern Africa, Landlocked Developing Nations, Least Developed Countries
Entry into force notes
This Act enters into force on the date appointed by the Minister by statutory instrument.
Abstract

The Comprehensive Public-Private Partnership Act, comprising 96 articles distributed across eleven Parts, serves as a thorough framework designed to facilitate successful collaborations between the public and private sectors. Its primary objective is to offer guidance on the initiation, administration, and conclusion of such partnerships, prioritizing transparency, accountability, and efficiency. The Act applies to projects executed through the Public-Private Partnership Office - as designated in this legislation, taking the place of the former Public-Private Partnership Unit established under the repealed Act -, and those undertaken under a public-private partnership agreement. It outlines rules and regulations governing the establishment of partnerships between the public and private sectors, covering various aspects such as the tender process, agreement execution, and results publication. Mandating the timely disclosure of tender outcomes and the chosen bidder within fourteen days of executing a public-private partnership agreement, the Act ensures transparency in the process. Additionally, it includes provisions addressing dispute resolution, agreement termination, and delineating the rights and responsibilities of both participating parties. The overarching aim is to foster collaboration between the public and private sectors, enhancing the efficient delivery of projects and services. Through the establishment of clear procedures and requirements, the Act seeks to mitigate risks and enforce accountability in public-private partnerships.

Full text
English
Website
zambialii.org

References - Legislation

Repeals

Public Private Partnership Act, 2009 (No. 14 of 2009).

Legislation | Zambia | 2009

Keyword: Public private partnership (PPP), Business/industry/corporations, Dispute settlement, Institution, Non-governmental entity, Contract/agreement

Source: FAO, FAOLEX