Department of Private and Commercial law

Permanent URI for this community

http://hdl.handle.net/11070/3531

Browse

Browsing Department of Private and Commercial law by Author "Walenga, Helena-Tashiya"

Now showing 1 - 1 of 1
  • Thumbnail Image
    Item
    Regulating public private partnership to attract investment in key development projects: A Namibian perspective
    (University of Namibia, 2019) Walenga, Helena-Tashiya
    This research examines the suitability of the Public-Private Partnership (PPP) Act, in efforts aimed at attracting investments (both local and foreign) in order to promote sustainable development in Namibia. The PPP Act in its current form does not promote private sector participation, does not advance principles of transparency and probity in the procurement process, does not make provision for risk allocation and sharing and does not promote involvement of previously disadvantaged Namibians. The research also aims at ensuring that local investors, through the concept of Black Economic Empowerment (BEE) and other relevant legislation, play a significant role in ensuring the basic needs of the Public are realised and the public's interests are protected. This delicate balance of interest must culminate in service delivery for the public whilst at the same time ensuring that investors retain value for their money through PPPs. The research points out that the world has adapted techniques and concepts that can assist it to best develop and adapt to the cosmopolitan expectations of its citizenry. Namibia can therefore draw lessons from countries such as South Africa and Kenya in so far as the implementation of PPPs is concerned . PPPs have gradually evolved over the centuries on their form and element and similarly have great benefits to a country only if the regulatory framework around it is comprehensive and suitable to ensure that it caters for all the needs of the people involved in the PPP arrangement, without the one having to suffer at the expense of the other. The research advocates for a PPP regulatory framework that promotes the spirit, tenor, history, political and economic setup and objectives of the Republic of Namibia. This can only be achieved by amending the current PPP Act of Namibia, by including the establishment of the PPP Unit, standard terms that should be contained in a PPP contract, how the PPP committee will be appointed, how current PPP projects will be accommodated and how risk should be shared, how previously disadvantaged Namibians will be accommodated and how the act will apply to ensure that this inadequately drafted Act, achieves sustainable national objectives such as BEE and investment growth.