SL's PPP Framework faces 'Fruit Salad' Legal Confusion ⚠️

Expert warning highlights a critical need to streamline Sri Lanka's Public-Private Partnership (PPP) and procurement laws to avoid confusing investors and deterring investment 📈. • The Overlap: National Procurement Commission (NPC) Member Dr. Asanga Gunawansa flags a potential 'fruit salad situation' with four parallel entities claiming overlapping oversight: Finance Ministry (under PFM Act), Public Investment Committee (PIC), National Agency for PPP (NAPPP), and the revived NPC. • Legal Conflict: The recently enacted Public Finance Management (PFM) Act (Sections 40–45 deal with PPPs) stipulates that it will supersede other laws in the event of any conflict on the same subject. • NPC Powers: NPC guidelines now possess a Constitutional mandate under the 21st Amendment, giving them the "teeth of legislation," a major shift from previous practices. • Urgent Alignment: Stressed that mandates must be aligned now, before the forthcoming PPP Act is enacted, to prevent the confusion from multiplying, noting that relying on judicial review is impractical. • Translation Risk: Cautioned that legal misinterpretation is also risked by translation flaws, as the Sinhala version of the legislation legally prevails over the original English draft.