Business Day

Treasury study questions BEE rules’ effectiven­ess

- Hilary Joffe Editor at Large

The Treasury has weighed into the transforma­tion debate, releasing research in Parliament that shows that foreigners and South African institutio­ns own more than 80% of JSE-listed South African companies.

It questions whether the black empowermen­t ownership rules in the government’s codes and charters are realistic or genuinely transforma­tional.

The study, presented in Parliament on Wednesday, found that only 14% of the shares in South African companies listed on the JSE were directly owned by corporates, trusts or individual­s. Foreign investors owned 38%, while domestic retirement funds owned 24% and other South African-based institutio­nal investors and investment managers owned a further 24%.

The Treasury commission­ed the study by an independen­t London-based economist after it had undertaken in the February budget review to publish an ownership monitor yearly to assess progress measured against ownership targets, as part of its work on transforma­tion in the financial sector.

The findings came in a context in which the new draft Mining Charter had gone beyond the 26% required by the government’s BEE codes to propose a 30% direct ownership target, while state-owned entities such as Eskom were demanding 51% direct BEE ownership from contractor­s — which the study indicated was impossible for listed companies.

It also suggested the focus on direct black-ownership deals could prejudice black people who indirectly owned JSE-listed shares via pension funds, because these shares got watered down when ownership deals were done with new black shareholde­rs.

Treasury deputy directorge­neral Ismael Momoniat, who presented the study to Parliament’s finance committee, said the structure of ownership was complex. For listed companies, the direct ownership was very small. “The BEE codes don’t really reflect the complexity of ownership,” he said.

“If transforma­tion only focuses on ownership and does not look at management and control of companies, frankly it will fail,” he said. Momoniat also pointed out that many BEE deals were leveraged and it was difficult to measure how much net asset wealth was held by black investors, after borrowing was taken into account.

“We are interested in a broad-based approach to transforma­tion and the obsession with percentage­s often means black people don’t actually get rich,” Momoniat said, warning of the “perverse consequenc­es” of some of the ownership requiremen­ts.

The JSE’s own research has put BEE direct ownership at 10%, with a further 13% in indirect ownership. The Treasury’s proposed Ownership Monitor recalculat­ed this at 9% direct and 11% indirect ownership, but this was based on the BEE codes’ definition, which differs from other measures.

The Treasury research also served to counter the populist idea that “monopoly capital” dominated the economy, finding that dominant shareholde­rs of any sort (owning more than 5%) held only a third of the shares in the top 25 JSE-listed firms.

The largest single shareholde­r on the JSE is the Government Employees Pension Fund, which holds 11% of the top 25 listed companies (including by way of the Public Investment Corporatio­n). But major black shareholde­rs with stakes of more than 5% accounted for only 1% of ownership.

The Ownership Monitor, which was still a work in progress, aimed to feed into debates on economic transforma­tion by providing a broader

overview of the compositio­n of ownership, illustrati­ng progress with black ownership of South African companies as well as with the continued role of foreign and institutio­nal ownership in delivering stronger economic growth, the report said.

The government relied on foreign investors and institutio­ns to finance its deficit, with foreigners holding 38% of randdenomi­nated debt at the end of 2016, while domestic and foreign commercial banks held 17% of total government debt.

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