A Dissertation Submitted in Partial Fulfillment of the Requirement for the Award of Master of Laws in Commercial Laws of the University of Mzumbe
This study was made on analysis of the law on Public Private Partnership in Tanzania, particularly the Public Private Partnership Act, 2010 and its enabling regulations, the Public Private Partnership Regulations, 2011, GN 165 /2011. The research was done through interviews and documentary reviews. As the first objective of the study, researcher examined the efficiency of PPP Act in Tanzania. It was revealed and concluded that although the definition of PPPs in the PPPA entails all kinds and forms of PPPs, the regulations leave out of box all the traditional, simple but many forms PPPs which are practicable to many common Tanzanian entrepreneurs. Nevertheless, the bureaucratic nature of the PPPA reduces its expected efficiency. The significant time and monetary resources are spent at the preliminary stages regardless of whether or not the expected project would be implemented. The second specific objective was to look on whether in practice the law promotes the PPP with indigenous private entities in our country. It has been observed that the processes in the Act make the way through to PPPs too long and cumbersome. As such, the law is not very much encouraging and promoting PPPs in the same parse as it would be expected to in the current world business environment. The last objective was to examine whether the PPPA affects independence of the independent Government bodies such as LGAs in Tanzania. It is concluded that the powers of the independent government entities like local government authorities to enter into PPP arrangements are confiscated by the central government through various bodies established by the PPPA. In that respect, the researcher has recommended some mitigating measures to be taken so as to handle those inadequacies. The measures include; amendment of PPP regulations, GN. No 165/2011; formulation of PPP regulations for small scale PPPs in the country; and strengthening indigenous entities for PPPs.