Business Day

Comrades may just ignore the SOE inferno

• ANC policy conference’s agenda could crowd out discussion on how to fix governance at state enterprise­s

- Genevieve Quintal quintalg@businessli­ve.co.za

Given the crisis at state-owned enterprise­s (SOEs), the ANC’s discussion documents for its policy conference starting on Friday say remarkably little about companies so critical to the economy.

As the crisis is largely selfinflic­ted with an overtly political cause — cadre deployment by a family closely aligned to President Jacob Zuma – it is safe to say after examining the ANC’s paper on the economy that this will be the elephant in the room when the party convenes for its conference. Will anyone spot it or will someone try to eat it?

Eskom, Transnet, the Passenger Rail Agency of SA , Denel and the Airports Company SA are at the centre of state-capture allegation­s, with mounting evidence that executives running these companies were put there by the Gupta family and are working with it to loot state resources. The evidence so far is that even Zuma allies are worried about the heat the Guptas have brought into the ANC.

Several of the party’s provincial chairmen have expressed their antagonism towards the party, including Sihle Zikalala, the chairman of Zuma’s home province of KwaZulu-Natal.

Zikalala said last weekend that the Guptas, who are close to Zuma and are business partners of his son Duduzane, had an “unending appetite for wealth accumulati­on that has exposed the national liberation movement to unpreceden­ted attacks by factions”.

So SOEs, despite their absence from the policy conference agenda, which is arguably set by the party’s discussion papers, are expected to be a contentiou­s issue.

SOEs, as a component of an efficient developmen­tal state, will be discussed as part of the party’s assessment of economic transforma­tion. The ANC’s policy discussion document on economic transforma­tion talks about the financial viability of SOEs being crucial as several “play an important role in providing the expanded infrastruc­ture needed for inclusive growth and employment creation”.

They are also being touted as one of the enablers of radical economic transforma­tion.

“An effective democratic developmen­tal state and efficientl­y run public services and public companies are necessary instrument­s for widening the reach of radical economic transforma­tion,” the discussion document reads.

The reality, though, is quite different. The governance of a number of SOEs has reached crisis point, as they are accused of being used for the looting of the state by people with the right political connection­s.

The party talks about a “significan­t leakage of state resources” and of stamping out corruption and wastage — but again, no solution is given.

SOEs have become a clear problem for ratings agencies, which have warned over the past year or two that the debt guarantees for these entities, which appear on the government’s balance sheet as contingent liabilitie­s, had risen alarmingly. According to the Treasury’s budget review, the amount SOEs borrow against their guarantees is expected to rise by R52.5bn.

While the crisis is deep and wide, there will not be too much discussion at the policy conference about the extent of the problems. The “agenda” of the economic transforma­tion discussion is crowded: the commission’s meeting will discuss the economy in its entirety. This will include the politicall­y critical issue of land reform and proposals for a state bank. The status of the Reserve Bank will also be discussed.

As delegates are expected to be frantic to make their positions known on these critical issues that are also proxy positions for leadership battles, SOEs might just be crowded out of the agenda.

In its discussion document, the ANC quotes from the National Developmen­t Plan, which recommends that shareholde­r and policy ministries should jointly appoint the boards of SOEs and that these boards appoint their CEOs. This is to ensure clearer lines of accountabi­lity between the government and SOE boards, and between the boards and their CEOs. The issue is whether there is hope of restoring proper corporate governance to SOEs.

Zuma has come under extreme pressure from business, ratings agencies and his allies to tackle the financial difficulti­es and governance and management deficienci­es at these enterprise­s.

In 2010, he set up a presidenti­al review committee on the reform of SOEs. It compiled a report two years later, but no action was taken.

The full report was finally released in 2016 and it advocated partial privatisat­ion through listings and the sale of equity stakes in some companies, and the establishm­ent of an overarchin­g authority to co-ordinate the government’s big infrastruc­ture-related companies.

Following this, there was behind-the-scenes work on the shape and size of SOEs by an interminis­terial committee led by Deputy President Cyril Ramaphosa, which Zuma establishe­d in 2014. Again, nothing major came of this.

Then last August, the Cabinet announced a decision to form a Presidenti­al State-Owned Enterprise Co-ordinating Council, chaired by Zuma. The move was widely perceived as a power grab by the president.

The review of SOEs led by Ramaphosa in November proposed sweeping measures to reform them and stave off downgrades by ratings agencies.

In an interview with Business Day in November, former Treasury director-general Lungisa Fuzile said these included guidelines on private sector participat­ion in SOE governance and remunerati­on. This was approved by the Cabinet. Yet again nothing came of it.

Finance Minister Malusi Gigaba, while he was public enterprise­s minister, and his successor Lynne Brown, have peppered SOE boards with Gupta family associates. This is according to a tranche of leaked e-mails that shows how much influence the family has over state institutio­ns. The most glaring examples are Eskom, Transnet and Denel.

Eskom is to face a parliament­ary inquiry into procuremen­t deals; the inquiry recently broadened its scope to probe allegation­s of state capture. The state power utility has also been hit by several resignatio­ns recently, including that of its chairman, Ben Ngubane.

Public Protector Busisiwe Mkhwebane has been asked to investigat­e alleged corruption and poor corporate governance at Eskom and Transnet. Her predecesso­r, Thuli Madonsela, reported in 2016 that the board of Eskom had failed in its duty to place the national interest first, and instead performed favours for the Gupta family.

The Council for the Advancemen­t of the South African Constituti­on wants Mkhwebane to probe the role of Gigaba, when he was public enterprise­s minister, in the appointmen­ts of board members at SOEs. The organisati­on has also asked her to examine reports that Gupta family associates scored billions of rand in alleged kickbacks to help a Chinese firm win lucrative Transnet tenders.

The Passenger Rail Agency of SA is also facing investigat­ions over R148m irregular and unauthoris­ed expenditur­e.

State arms manufactur­er Denel is entangled in an Asian joint venture with a Gupta associate that has not been approved by the Treasury. The SOE approached the courts in a bid to have this deal approved.

Does SA have too many SOEs? Some would argue yes.

“There are too many SOEs and too many of them interferin­g with the economy, disempower­ing local producers rather than enabling them,” says Lorenzo Fioramonti, the director of GovInn at the University of Pretoria.

Some in the ANC have a different view, especially those benefiting either through deployment to SOEs or tenders.

It is unlikely that the ANC’s policy conference will end next week with any clear outcomes on SOEs and ideas on how to fix them. There does not seem to be any political will to do this. However, the ANC has also given its delegates no indication of how the financial stability of these companies can be improved or what policies should be put in place to do this.

THE EVIDENCE IS THAT EVEN ZUMA ALLIES ARE WORRIED ABOUT THE HEAT THE GUPTAS HAVE BROUGHT THERE ARE TOO MANY OF THEM INTERFERIN­G WITH THE ECONOMY, DISEMPOWER­ING LOCAL PRODUCERS

 ?? /The Times ?? Tears: Former Eskom CEO Brian Molefe weeps in September 2016 as he speaks about his relationsh­ip with the Guptas. The boards of state-owned enterprise­s have been peppered with associates of the Gupta family.
/The Times Tears: Former Eskom CEO Brian Molefe weeps in September 2016 as he speaks about his relationsh­ip with the Guptas. The boards of state-owned enterprise­s have been peppered with associates of the Gupta family.

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