The Chief Justice, Georgina Theodora Wood has urged legal
practitioners to adjust to the new legal challenges posed by the Public Private
Partnership (PPP) approach to addressing Ghana’s infrastructure deficits.
She was addressing the annual general conference of the Ghana
Bar Association (GBA) in Ho under the theme, “The role of the Legal Profession
in developing Public Private Partnership regulatory framework for national
development.”
“In effect, legal education
and legal profession must appreciate, even more the relevance of and interplay
between economics, finance, project financing and execution and societal
needs.”
The PPP as defined by the national policy document is “a
contractual arrangement between a public entity and private sector party, with
clear agreement on shared objectives for the provision of public infrastructure
and services traditionally provided by the public sector.”
“As Lawyers, it is
imperative, that we acquaint ourselves with this Policy document,” she advised.
Chief Justice Wood said “unquestionably there will be a
strong need for lawyers who understand the principles of intellectual property,
contract, regulatory and tax laws that apply in the process chain.”
She urged Lawyers to acquaint themselves with the draft
provisions and make relevant input before it finally becomes law.
Chief Justice Wood said there were several PPP related laws
in Ghana, mostly un-coordinated, creating uncertainties and inconsistent approaches
to participation by the private sector likely to “affect the appetite of
private sector partners to participate in PPP projects in Ghana.”
Chief Justice Wood therefore recommended that the draft PPP
law must provide for “critical issues” as the definition, objectives, and
guiding principles to be followed in developing its scope and application.
Mr Nene Abayaateye, President of the GBA, said Private Public
Partnerships and other forms of co-operation between the private sector and
national governments have been used around the world to develop.
He said as those who help design the regulatory framework for
such transactions, those who prosecute, defend and adjudicate those laws, the
legal profession constitutes the lynchpin at getting the public sector
regulatory framework right and assuring successful PPPs.
Mr Abayaateye said weak regulatory framework, and high levels
of corruption have combined to procure many judgment debts against the state in
the fourth republic.
“The root of this
national canker is political and bureaucratic behavior.”
He said systems that promote transparency and accountability
must be designed coupled with a commitment to deal with the corruption by those
in authority.
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