Understanding of legal and contractual aspects of PPPs

The legal framework for the partnership arrangement will involve the basic legal framework pertaining to municipalities and municipal service provision, as well as the specific framework pertaining to PPP arrangements. While municipalities are typically familiar with the legal framework under which they have the authority to act (e.g., through decentralisation or local government acts), there is less familiarity with the PPP legal framework, and indeed this specific legal and policy framework is either new, lacks clarity (through a number of separate and often conflicting acts), or is constantly undergoing change.

Municipal decision-makers will need to ensure that they have identified the individual or legal team responsible for legal advice. This may be the legal department and/or a specialist brought in to provide this advice. It is essential that the skills exist in-house to some degree to ensure a basic understanding of legal requirements.