A compulsory research report submitted to Mzumbe University – Mbeya Campus College in partial fulfillment of the requirements for the award of degree of bachelor in laws (LLB) of the Mzumbe University.
This research study is titled “Analysis of the Implementation of Public Private Partnership Legal Regime in Tanzania”, which was conducted in Dar Es Salaam Region. Public Private Partnership means a contractual arrangement between a contracting authority and a private party in which a private party; performs on behalf of the contracting authority, assumes substantial financial, technical and operation risks, receives a benefit for performing on behalf of the contracting authority by being paid consideration, charges or fees from customers and users, or combination of both for such performance. The History of Public Private Partnership in Tanzania started during the 1980s however there were no specific laws governing the Implementation of PPP in Tanzania; the National PPP Policy was drafted by Hon. Mizengo Pinda in 2009 which brought about the need for enactment of laws governing PPP projects to ensure proper implementation of those projects. In 2010 the PPPP Act was enacted which was later amended in 2014 by the PPP (Amendment) Act 2014, after the PPP Regulations were published in 2011 and repealed in 2015 by the PPP Regulations 2015. Despite tremendous efforts of the Government to bring about the new laws regime to govern Implementation of PPP Projects due to the infancy of the regime there are still a problem of the legal challenges that the public sector faces when implementing such laws. The legal challenges that still hinders the Implementation of PPP laws in the country is Lack of Competent Personnel in Government Institutions, Political Influence, Lack of awareness of PPP s by the Public sector, which were proven to be the same in the findings and analysis of the study. The data collection was through primary data collection by issuing Questionnaires and intensive observation and secondary data collection by the use of books, legislations, articles and internet sources. The Recommendation of this study is that the Government should promote Transparency, Accountability and Good Governance, promote PPP Awareness amongst the Stakeholders and ensures Competency, Effectiveness and Adequacy.