Business Day

Mystery of why no action is taken against Acsa CEO

- Blom is a flyfisher who likes to write.

It is gratifying to read the report on Public Enterprise­s Minister Pravin Gordhan’s reasons for the drumming out in disgrace of Seth Radebe as Transnet director.

Citizens may be forgiven a degree of schadenfre­ude. It is, after all, the sort of new-broom action the nation celebrated in advance when President Cyril Ramaphosa and his de facto number-two banana Pravin began their work in 2018; the captured state would be free.

But already the commentari­at is complainin­g that Team CR’s vim is barely scratching the surface.

Consider the 74.6% stateowned Airports Company SA (Acsa) which, with its monopoly secure, turns a profit. The nation should probably be grateful for a dividend to shore up the state’s feeble fiscus, but that is part of the problem. The existentia­l threat posed to the economy by mismanagem­ent and corruption has focused everyone’s attention on governance at SA’s state-owned enterprise­s (SOEs). Acsa, however, remains under the radar chiefly because its rentseekin­g pays off. Its profit for 2017 came to more than R2bn, yielding a dividend of R358m.

It doesn’t mean all is well at Acsa, though, and there is cause to suspect that governance issues (to which Transport Minister Blade Nzimande has admitted) may be obscuring the true dividend to which the nation is entitled.

That there are governance issues at the SOE is alarming enough, but that it has been permitted to carry on for years is a disgrace. Much of what is wrong at Acsa has been documented in forensic reports by advisory group Deloitte, attorneys Norton Rose Fulbright and Dr VS Mncube Consulting.

The reports have recommende­d the suspension and disciplini­ng of several officials, among whom looms large CEO Bongani Maseko. The investigat­ors have enumerated a range of irregulari­ties, including corruption, derelictio­n of duty and violations of the Public Finance Management Act. Three managers — Percy Sithole (procuremen­t), Jabulani Khambule (regional airports) and legal counsel Bongani Machobane — have been found guilty at an internal disciplina­ry hearing on corruption charges and of wasteful expenditur­e.

Yet, Maseko, who faces similar charges, has not been prosecuted. Instead, Nzimande, as shareholde­r representa­tive, extended Maseko’s tenure by six months in May. The minister said at the time he was acting to “ensure that there is no vacuum of leadership”, yet the department’s official communiqué said the minister would “dedicate his special attention” to deal with allegation­s against Maseko of irregulari­ties, corruption and violations of the Public Finance Management Act.

For clarity, a citizen might approach Acsa’s official spokespers­on, but it won’t help. The public relations firm Acsa hires produces little beyond spin, plus saying it cannot speak for the board where all the trouble is. Next stop is the main shareholde­r, but that is about as satisfacto­ry as casting a fly-line into the wind. And when the ministeria­l spokesman does reply, almost everything is being covered except the main question: why is Maseko not facing charges?

Citizens, it seems, are unworthy of such knowledge. It is known though that the staff at Acsa are so worried about corporate governance at their business that they have written many letters to the minister and, in exasperati­on, to the Presidency, demanding action against Maseko.

Acsa group’s former legal counsel, Bonginkosi Mfusi, has sought a court order to compel the company to provide reasons for not having suspended and discipline­d Maseko, and the board members comprising the audit and risk committee have called on Nzimande to take urgent action to advance the charges against Maseko.

The directors who made up the audit risk committee on the board have since resigned. It means the Acsa board, which now consists of three people: acting chairman Deon Botha, nonexecuti­ve director Kate Matlou and CEO Maseko, has become entirely ineffectua­l, because it cannot under Acsa’s statutes convene an audit and risk committee.

It means Acsa, in effect, does not have a board and thus no corporate governance. And it does not have a board because Maseko has not been hauled before a disciplina­ry hearing.

Where is Gordhan when his SOE needs him?

 ??  ?? NEELS BLOM
NEELS BLOM

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