Evaluating the efficacy of the legal framework for transparency in Public-Private Partnerships (PPPs) in Uganda: a case study of Lubowa Hospital Construction Project

Abstract

Public Private Partnerships (PPPs) have emerged as a popular model of delivering public infrastructure using private finance. However, a number of PPP infrastructure projects have failed to deliver their set objectives and proved costly for the public sector. This has been partly attributed to secretive nature in which these PPP projects are executed. The secrecy in negotiation and execution of PPP Agreements tends to limit public scrutiny and participation in conduct of public affairs. In particular, the prevalence of confidentiality clauses in PPP Project Agreements is considered a threat to full disclosure and the public’s right to access information about conduct of public affairs. Against this background, this thesis examines the efficacy of the existing legal framework for transparency in the use and delivery of public infrastructure through PPPs. A case study of the project for the construction of an international specialized hospital at Lubowa is evaluated. A comparison is made between Uganda’s legal framework for ensuring transparency in PPP projects on one hand and World Bank model legal provisions on the other. Additional comparison is made between Uganda’s legal framework with South Africa and Kenya. The findings reveal that there is limited transparency in PPP projects in Uganda partly because of the numerous exemptions limiting disclosure and access to information in the Public Private Partnerships Act, 2015 and the Access to Information Act 2005. As a result, access and disclosure of information about PPP projects is very inadequate as manifested in the project for the construction of an international specialized hospital at Lubowa. Recommendations are made to reform the legal framework to provide for mandatory disclosure of project information, limit exemptions and introduce a sanctions-based regime so as to enhance transparency in PPP projects in Uganda.