Worldwide: Legal Insight: Overview Of PPP Laws/Frameworks In Selected African Jurisdictions

Last Updated: January 26 2017
Article by Neil Cuthbert and Udayan Mukherjee


In July 2014, Uganda joined the list of African countries that have implemented Public Private Partnership or "PPP" laws, by passing the Public Private Partnership Bill 2012 (Uganda PPP Law). As in many African countries, improving Uganda's infrastructure is seen as a key step in unlocking its economic potential. To address this, Uganda has identified a robust pipeline of road, power and social infrastructure projects which offer significant opportunities to both sponsors and lenders.

The Uganda PPP Law adopts a simple approach. It focuses on establishing the framework for a successful PPP programme – it is not over prescriptive and allows for various structures. This should provide comfort to both potential lenders and sponsors seeking a degree of certainty over process.

The Uganda PPP Law charges the Ministry of Finance with setting up a central PPP unit which will be a useful source of information and to address "deal breaking" issues which can arise where the public sector lacks the requisite expertise. Its remit includes providing guidance and assistance in the development of projects. It will "assess projects for [PPPs] to confirm that they are affordable and that financial commitments are manageable in terms of the debt management policy and that they are within the Government policies". This may be useful for potential investors concerned about affordability or viability. Its role also extends to advising Government on PPPs and training public sector staff on PPPs.

The Uganda PPP Law sets out a detailed procurement cycle process. It also sets out rules on evaluation, disqualification and oversight. In addition, PPP agreements above a threshold monetary value must be approved by the Cabinet. The Uganda PPP Law also sets out what a PPP agreement must cover. This comprises a list of clauses and risk allocations that an investor or lender would expect to see in any PPP agreement to ensure "bankability". It does not prescribe the drafting of these terms, but the Government may issue more detailed guidance on contractual terms in the future.

The Uganda PPP Law, now separated from general procurement requirements, provides for both competitive (open or restrictive) and non-competitive bidding methods. The latter could involve direct procurement by the Government or (subject to satisfying specified criteria) unsolicited bids from sponsors. However, even where an unsolicited bid is accepted, the proposal remains subject to a competitive bidding process in which "all interested parties" may participate.

Any procurement must be fair, equitable, transparent and competitive, an important and familiar principle in PPP. The successful bid must be "the most economically advantageous, or [have] the lowest price". The key requirement of the Uganda PPP Law is that the proposed project "fulfils the objectives of the National Development Plan".


Although the PPP model has been utilised in Tanzania for many years in areas such as healthcare, education and water, a lack of a clear legal PPP framework in the country prevented the propulsion of a much needed PPP programme. In 2009 the Prime Minister issued a National Public Private Partnership Policy which culminated in the introduction of the Public Private Partnership Act No. 18 of 2010 (Tanzania PPP Law). The following year, the Public Private Partnership Regulations were published pursuant to the Tanzania PPP Law. In 2014 certain amendments were made to the Tanzania PPP Law by way of the PPP Amendment Act 2014 (2014 Amendments).

At the heart of the Tanzania PPP Law is the establishment of key Government agencies. These included:

  • The PPP Centre (which replaced the PPP Co-ordination Unit after the 2014 Amendments) – the PPP Centre is the first port of call for the vetting of PPP projects. It is charged with assessing potential PPP projects, procuring the approval of the Ministry of Finance and then submitting the project to the PPP Technical Committee once approved by the Ministry of Finance.
  • The PPP Technical Committee (which replaced the PPP Finance Unit after the 2014 Amendments) – this committee is made up of representatives from both the public and private sectors and is charged with approving PPP proposals submitted to it by the PPP Centre.
  • Contracting Authority – which would be the authority which contracts with the private sector (for example, as the counterparty to concession agreements).

A key feature of the Tanzania PPP Law which can be considered unique is the concept of providing for "solicited bids" and "unsolicited bids". The former relates to PPP projects where the Government has initiated the project, whereas the latter relates to projects initiated or proposed by the private sector.

The 2014 Amendments also provided for a new facilitation fund to be set up to further encourage PPP projects in the country. The key objective of the fund is to assist with launching PPP projects which are considered viable and necessary, but which may lack the necessary resources to launch.


The Public Private Partnership Act No. 15 of 2013 (Kenya PPP Law) came into effect on 8 February 2013. It establishes the PPP Committee, the PPP Unit and the PPP Nodes, which play very similar roles as the PPP Centre, PPP Technical Committee and Contracting Authority respectively in Tanzania.

In line with the regime established in Tanzania, the Kenya PPP Law also provides for the private sector to propose/initiate projects and for the Public Private Partnership Project Facilitation Fund.

The Kenya PPP Law provides clear guidance that any project must clearly be needs tested, i.e., is a PPP the best model under which the relevant service can be provided? In addition, it sets out a clear regime pursuant to which PPP projects must be modelled. A PPP cannot be launched without a comprehensive feasibility study being tendered and a strict procurement process being adhered to. It is also required that the benefits of the project be publicised through an electronic media platform.


Nigeria's foray into the world of PPP regulation began with the Infrastructure Concession Regulatory Commission (Establishment) Act in 2005 (Nigeria PPP Law). Note that the Nigeria PPP Law is a Federal law – individual states are permitted to establish their own PPP laws and a number of them have done so. We focus here only on the Federal level.

The Nigeria PPP Law establishes the Infrastructure Concession Regulatory Commission (ICRC). The ICRC is the mainstay governmental entity in relation to PPPs and maintains overall responsibility of being the key liaison partner to the Federal Executive Council which is the body empowered with approving PPP projects in the country. The ICRC is charged with developing PPP guidelines and procedures and generally assisting with the successful implantation and facilitation of PPPs in Nigeria.

With a booming population and a thirst for new infrastructure and services to match, there were high hopes that the Nigeria PPP Law would be a launchpad for an extensive roll-out of PPP projects in the country. There have been a number of successful closures of PPPs in the country; however, the programme is firmly considered as being under development and far from a refined process. Political instability with frequent changes in Government and/or changes in heads of the relevant Ministries and, the overenthusiastic embracing of PPPs at the cost of properly understanding areas such as risk allocation have meant that PPPs are treated with some scepticism.

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Events from this Firm
24 Oct 2017, Seminar, Washington, DC, United States

The Dentons Forum for Women Executives invites you to join us for a luncheon featuring guest speaker Liza Mundy, journalist and author. Ms. Mundy recently released her latest book, Code Girls, the riveting untold story of more than 10,000 spirited young American women who cracked German and Japanese codes to help win World War II.

27 Oct 2017, Seminar, New York, United States

Please join us for a milestone event, our 10th annual CLE Seminar for In-House Counsel.

1 Nov 2017, Seminar, Washington, DC, United States

Celebrate the 58th anniversary of Dentons' Government Contracts practice

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.