Title: Legal & Institutional Frameworks in Africa: A comparative analysis

Language: English, French

Type: Document

Nature: Report

Published: February 20, 2024

Region: Sub-Saharan Africa (SSA)

Country: Global / Non-Specific

Topic: Legal Framework

Keywords: Legal Framework *


Document Summary:

This study is a new resource prepared by the ALSF that provides a comparative and comprehensive analysis of the data that was retrieved from the PPP Country Profiles. This updated study shows that there are different approaches to implementing PPPs, and that the options available often depend on the legal and regulatory instruments in force in the country concerned. The report is presented in both English and Franch.

Document Details:

This Brochure aggregates the data present in the PPP Country Profiles that were developed by the ALSF.

When providing examples on a country basis, both civil and common law jurisdictions were reviewed and samples were provided on a regional basis, to bring case studies from the Central, Northern, Southern, Eastern and Western Africa regions. When relevant, a distinction is also made between Anglophone, Francophone, and Arabic- speaking countries in Africa. It is also worth noting that the examples presented are intended to illustrate a legislative position adopted by a country, without excluding that another country, although not cited in the example, may have adopted the same approach in its legislation.

In the context of this Brochure, “PPP legal and institutional frameworks” consist of the policies, procedures, institutions, and rules that together define how PPPs will be identified, procured, monitored, and accounted for and who will be responsible for these tasks. In particular, “PPP legal frameworks” include the relevant laws and regulations (e.g., specific PPP laws and PPP regulations as well as relevant public procurement and public financial management legislation) as well as other legal and regulatory instruments such as PPP policies, model transaction and procurement documents and PPP operational guidelines.

Prominent resources that supported the preparation of this Brochure include the Benchmarking 2020 Infrastructure Development Report by The World Bank, the PPP Reference Guide and the World Bank’s 2022 Guidance on PPP Legal Frameworks. Reports from other international organisations were also consulted,including UNCITRAL’s Model Legislative Guide on Public Private Partnerships and the African Development Bank’s PPP Strategic Framework 2021-2031.

The overall aim of this Brochure is to highlight some key findings that arise from analyses of the relevant data pertaining to the PPP legal frameworks of the countries surveyed. Given the level of detail within PPP legal and institutional frameworks, the findings presented in this Brochure are necessarily limited and intended only to give a flavour of the type of analyses and comparisons that are possible. The analyses are also limited to the provisions in the applicable legislation, without a detailed analysis of the related implementing regulations. No further on the ground research was carried out for the purposes of this Brochure.

Furthermore, the applicable legislation noted in this Brochure includes relevant legislation available as of 30 June 2023. As a result, any regulatory reforms or changes that may have occurred after that date are not taken into account.

Updated: March 1, 2024