Towards an Effective Legal and Regulatory Framework for Public-Private Partnerships in Malaysia: A Lessons From the South Africa Experience

In order to ensure a sustained cooperation with both the local and international private investors in Malaysia especially in the provision of public infrastructure, the government needs to develop very strong legal and regulatory capabilities which will help in providing stable institutional environ...

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Main Authors: Adekilekun, M., Gan, Ching Chuan
Format: Journal Article
Published: International Islamic University Malaysia 2016
Subjects:
Online Access:http://hdl.handle.net/20.500.11937/18895
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author Adekilekun, M.
Gan, Ching Chuan
author_facet Adekilekun, M.
Gan, Ching Chuan
author_sort Adekilekun, M.
building Curtin Institutional Repository
collection Online Access
description In order to ensure a sustained cooperation with both the local and international private investors in Malaysia especially in the provision of public infrastructure, the government needs to develop very strong legal and regulatory capabilities which will help in providing stable institutional environment for private investment. At the same time, there is the need for commitment on the part of government to the regulatory rules so that they are perceived as credible by investors. Where the legal regime is weak or non-existent, private investment decisions will be adversely affected. No doubt, South Africa has developed one of the best legal and regulatory regimes for efficient procurement systems in the world and the project pipelines have greatly increased in recent times. This article therefore, examines the existing legal framework for Public-Private Partnership procurement in Malaysia and draws lessons from the South African legal regime. The article finally argues that for Malaysia to continue to attract and expand its investment atmosphere for the private sector there is the need for a clear and transparent legal and regulatory procurement framework which can seriously help in building confidence in the private sector and also guarantee their investment returns.
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spelling curtin-20.500.11937-188952017-01-30T12:10:35Z Towards an Effective Legal and Regulatory Framework for Public-Private Partnerships in Malaysia: A Lessons From the South Africa Experience Adekilekun, M. Gan, Ching Chuan public-private partnerships infrastructure development Malaysia south Africa public procurement In order to ensure a sustained cooperation with both the local and international private investors in Malaysia especially in the provision of public infrastructure, the government needs to develop very strong legal and regulatory capabilities which will help in providing stable institutional environment for private investment. At the same time, there is the need for commitment on the part of government to the regulatory rules so that they are perceived as credible by investors. Where the legal regime is weak or non-existent, private investment decisions will be adversely affected. No doubt, South Africa has developed one of the best legal and regulatory regimes for efficient procurement systems in the world and the project pipelines have greatly increased in recent times. This article therefore, examines the existing legal framework for Public-Private Partnership procurement in Malaysia and draws lessons from the South African legal regime. The article finally argues that for Malaysia to continue to attract and expand its investment atmosphere for the private sector there is the need for a clear and transparent legal and regulatory procurement framework which can seriously help in building confidence in the private sector and also guarantee their investment returns. 2016 Journal Article http://hdl.handle.net/20.500.11937/18895 International Islamic University Malaysia restricted
spellingShingle public-private partnerships
infrastructure development
Malaysia
south Africa
public procurement
Adekilekun, M.
Gan, Ching Chuan
Towards an Effective Legal and Regulatory Framework for Public-Private Partnerships in Malaysia: A Lessons From the South Africa Experience
title Towards an Effective Legal and Regulatory Framework for Public-Private Partnerships in Malaysia: A Lessons From the South Africa Experience
title_full Towards an Effective Legal and Regulatory Framework for Public-Private Partnerships in Malaysia: A Lessons From the South Africa Experience
title_fullStr Towards an Effective Legal and Regulatory Framework for Public-Private Partnerships in Malaysia: A Lessons From the South Africa Experience
title_full_unstemmed Towards an Effective Legal and Regulatory Framework for Public-Private Partnerships in Malaysia: A Lessons From the South Africa Experience
title_short Towards an Effective Legal and Regulatory Framework for Public-Private Partnerships in Malaysia: A Lessons From the South Africa Experience
title_sort towards an effective legal and regulatory framework for public-private partnerships in malaysia: a lessons from the south africa experience
topic public-private partnerships
infrastructure development
Malaysia
south Africa
public procurement
url http://hdl.handle.net/20.500.11937/18895