By KENNEDY SENELWA, Special Correspondent
In Summary
Rwanda has enacted a new legal framework to enable the
public and private sectors to collaborate in infrastructure investments
and services.
The public-private partnerships (PPP) law provides for
co-operation between the government and the private sector on projects
such as roads, railways, airports, bridges, waterways, inland ports,
energy, tourism, natural resources and the environment, minerals, waste
disposal, telecommunication and information technology.
The new PPP law No. 14/2016, signed by President Paul Kagame
recently, puts Rwanda in the same league with Kenya, Tanzania, Uganda
and Burundi, which have similar legislation that provides for
contracting procedures and selection procedures of private partner to
perform tasks and a period of reimbursement of capital invested.
The Centre for Trade and Investment Law & Policy (CTILP)
said that the PPP law aims to transform Rwanda through capital-intensive
projects that the government may find difficult to finance alone due to
budget constraints.
“The PPP will strengthen the legal and regulatory environment of
business and boost investment by attracting foreign direct investment
in public infrastructure and services,” said CTILP’s executive director,
Faustin Ntezilyayo.
Dr Ntezilyayo, however, added that the PPP regulation does not
apply to contracts subject to laws governing public procurement, the
privatisation or divestiture of enterprises, assets and any
infrastructure facility owned by government.
He said prior to issuing a tender notice, the contracting
authority must conduct a project feasibility study approved by the
steering committee. This is expected to ensure that the procurement
process adheres to tenets of competition, transparency, fairness,
efficiency and effectiveness.
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