PPP legislation

South African PPPs are governed by particular pieces of legislation, regulations and practice notes. The Public Finance Management Act (PFMA) and Treasury Regulations and Treasury Practice Notes issued in terms of the PFMA govern national and provincial government departments and public entities. The Municipal Finance Management Act (MFMA) and Treasury Regulations and Practice Notes issued in terms of the MFMA, govern the municipal sphere.

The PFMA, the MFMA and their regulations on PPPs are provided here. The various modules of the PPP Manual and Standardised PPP Provisions are issued as Treasury PPP Practice Notes in terms of the PFMA. Similar Practice Notes are being developed for the municipal sphere and will be issued in terms of the MFMA in due course.

The Code of Good Practice for Black Economic Empowerment in PPPs is one of the Treasury PPP Practice Notes issued as part of the PPP Manual, and is also due to be issued in terms of the Broad-based Black Economic Empowerment Act, 2003.

The Public Finance Management Act 1 of 1999 (PFMA)
   
Treasury Regulation 16 issued in terms of the PFMA
   
The Municipal Finance Management Act 56 of 2003 (MFMA)
   
Regulation: Schedule 3 of the MFMA
   
Regulation: Local Government Investment and PPP regulations (MFMA)