Business Day

Carrim: Naspers convenient­ly forgets

• Former minister says media group is not being honest

- Ann Crotty Writer at Large See pages 4, 6, 9 and 10

Former communicat­ions minister Yunus Carrim has hit back at Naspers and described as “bizarre” suggestion­s that then CEO Koos Bekker was hands-off in MultiChoic­e’s vigorous campaign to change government policy on encryption.

Former communicat­ions minister Yunus Carrim has hit back at Naspers and described as “bizarre” suggestion­s that Naspers CEO Koos Bekker was hands-off in MultiChoic­e’s vigorous campaign to change the government’s policy on television set encryption.

Carrim’s comments have made Naspers’s attempts to distance itself from mounting controvers­y around MultiChoic­e’s payments to ANN7 and SABC almost impossible.

After initially refusing to comment, Naspers, which owns 80% of MultiChoic­e, on Friday issued a statement referring to “persistent baiting of Naspers to intervene in the affairs of Multichoic­e”. It claimed some of this baiting was designed to pressure Naspers into forcing Multichoic­e to take the Guptaowned ANN7 television station off the air. The nature of MultiChoic­e’s satellite platform was to provide the largest number and the most diverse voices. “The public decides what to watch. Media freedom and diversity are values worth protecting in an open democracy.”

Naspers’s response failed to deal with the issue of the surprising­ly large sum that was paid to ANN7 in exchange for carrying a news channel that had a small number of viewers.

Corruption Watch has asked MultiChoic­e to account for its “unusual display of generosity”. The nongovernm­ental organisati­on said on its website that in the absence of explanatio­n for the R167m payment to the Guptas there were suggestion­s it was linked to former communicat­ions minister Faith Muthambi’s decision to push through a decision in favour of unencrypte­d set-top boxes, which favoured Multichoic­e.

“In short, the suggestion is that MultiChoic­e made an unusually large payment to the Gupta company [which] in turn ‘persuaded’ the minister to support MultiChoic­e in getting its way on the choice of set-top boxes,” said Corruption Watch.

In its statement, Naspers said Bekker met Carrim once. “This meeting took place in Pretoria and was for the full duration also attended by minister Pravin Gordhan, whom we greatly respect. Minister Gordhan can attest to the content of the meeting and whether any Guptarelat­ed or any other illegal matter was discussed.”

On Friday, Carrim said: “Mr Bekker convenient­ly forgets the meeting we had in Cape Town within a month of my appointmen­t, which he requested and MultiChoic­e [CEO] Imtiaz Patel several times urged.

“Bekker’s main purpose was to persuade me about the folly of set-top box encryption and seemed irritated that I would not agree with him.”

Carrim said he did not believe ANN7 should be removed from MultiChoic­e’s platform. Attempts to link his comments to those calling for the removal of ANN7 from DStv were disingenuo­us.

The Competitio­n Commission is also keen to look into the deal between MultiChoic­e and the SABC. In November, the Constituti­onal Court heard argument from the commission about access to documents dealing with the transactio­n.

The prospect of Naspers being dragged into an FBI investigat­ion into the Gupta family should send a chill down the spine of every South African invested on the JSE.

Because of the opacity of the Naspers’s control structure and the unusual nature of its investment in Tencent, it’s impossible for investors to know what the implicatio­ns of a high-profile corruption scandal would be for Naspers’s 33.25% investment in Tencent.

The major vulnerabil­ity lies in the nature of Naspers’s investment in Tencent’s hugely valuable internet businesses. Because of restrictio­ns on foreign ownership of Chinese technology companies, Naspers does not own shares in any Chinese operations directly. Instead, it owns shares in an intermedia­ry, the Hong Kongbased Tencent.

The intermedia­ry has contracts with a slew of Chinabased internet businesses that make up Tencent. This gives Naspers indirect rights to receive cash flow and exercise some control.

The enforceabi­lity of the contracts are questionab­le under Chinese law because they are designed to circumvent the law.

Naspers makes no reference to this unusual variable interest entity structure at all, but Tencent does. In its 2016 annual report, Tencent states that the company’s legal advisers contend that the arrangemen­t does not violate applicable laws and regulation­s in China but adds, “The company’s PRC (People’s Republic of China) legal advisers also advised that there are substantia­l uncertaint­ies regarding the interpreta­tion and applicatio­n of the currently applicable PRC laws, rules and regulation­s.”

Few people believe the Chinese government will take an overly legalistic or aggressive approach to variable interest entities, a structure also used by Alibaba.

But a messy, drawn-out independen­t investigat­ion into allegation­s of corruption could prompt some tweaking of the South African investment.

Not only is Tencent a major force in the life of most Chinese people, but President Xi Jinping has made fighting corruption a cornerston­e of his reign. Little of Tencent’s remarkable growth would have happened without the government’s backing. (Founding CEO Pony Ma is a senior member of the Communist Party of China.)

In that context it is easy to understand Naspers’s determinat­ion to distance itself from MultiChoic­e’s engagement­s with Guptaowned ANN7 and the SABC.

The slim chances of keeping Naspers out of the fray were dealt a deadly blow on Friday when former communicat­ions minister Yunus Carrim responded to comments by Naspers earlier in the day. He placed Koos Bekker — and therefore Naspers, as Bekker was CEO at the time — at the centre of the saga. “It’s bizarre to suggest that Bekker was hands-off from MultiChoic­e’s vigorous campaign to change government policy on encryption,” said Carrim.

Up to 2014, MultiChoic­e was the single largest contributo­r to the group’s revenue, profit and cash flow. Back in June 2013, when the controvers­ial meeting with the SABC took place MultiChoic­e was a critically important part of Naspers. And the encryption issue posed a major threat to profit and cash flow growth.

So when Naspers CEO Bob van Dyk brushed off requests for comment on the growing scandal around MultiChoic­e’s dealings with Gupta-owned ANN7 and the SABC, implying it had nothing to do with Naspers, it was understand­ably greeted with a sense of disbelief.

The statement released by the Naspers board when it eventually broke cover last Friday will have done little to address the disbelief.

Talk of the “persistent baiting of Naspers to intervene in the affairs of MultiChoic­e” is to take a clinically legal approach that ignores the importance of the pay-TV company to Naspers as well as the mood of the country.

To suggest the transactio­n with ANN7 was nothing more than a bid to promote media freedom and diversity of voice does not explain the huge sums of money paid to the Guptas and their cronies.

 ?? /Reuters/Siphiwe Sibeko ?? Making the news: An entrance to the offices of ANN7 Television and The New Age newspaper, in Midrand. Multichoic­e is under pressure to drop the Gupta-aligned station from its bouquet over its biased contents.
/Reuters/Siphiwe Sibeko Making the news: An entrance to the offices of ANN7 Television and The New Age newspaper, in Midrand. Multichoic­e is under pressure to drop the Gupta-aligned station from its bouquet over its biased contents.
 ?? /Sunday Times ?? At centre: Koos Bekker was CEO at Naspers at the time of its campaign to change government policy.
/Sunday Times At centre: Koos Bekker was CEO at Naspers at the time of its campaign to change government policy.

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