Business Day

BEE not a threat to investment­s, says Patel

- Katharine Child Retail Writer

US multinatio­nal PepsiCo’s R26bn purchase of Pioneer Foods is proof that SA can attract foreign direct investment while ensuring workers are given greater ownership of the economy, trade & industry minister Ebrahim Patel said on Sunday.

The finalisati­on of the transactio­n launched in July 2019 comes as the local economy tipped into recession.

Moody’s Investors Service on Friday lowered its growth forecast for the country for the second time in less than a month because of concerns about the coronaviru­s.

The economic problems are worsened by electricit­y supply uncertaint­ies and growing unemployme­nt.

Legal teams representi­ng Patel and PepsiCo spent months in hard-fought negotiatio­ns finetuning the conditions the multinatio­nal snack and beverage giant needed to meet to buy locally listed Pioneer Foods, whose brands include Sasko,

Ceres and Bokomo. After the Competitio­n Commission proposed that the deal should go ahead subject to certain conditions, including a retrenchme­nt moratorium, Patel intervened.

He disagreed with the BEE shareholdi­ng terms of the deal, which raised questions about the governing ANC’s meddling on ideologica­l grounds.

Authoritie­s had a mandate to ensure investment benefited society, Patel told Business Day on Sunday. “Investment comes with many potential positive benefits, but it has to be made more implicit sometimes.”

The deal was significan­t as it is the first large transactio­n that had to meet the amended Competitio­n Act’s requiremen­ts that mergers improve the spread of BEE ownership.

Disagreeme­nt on this threatened to delay the deal.

After intense discussion­s from late 2019, the legal teams of both sides came to an agreement on Wednesday afternoon, mere hours before appearing at the Competitio­n Tribunal on Thursday, which had to approve the deal.

Patel said the merger showed the empowermen­t requiremen­ts for firms to increase the spread of company ownership by historical­ly disadvanta­ged communitie­s did not scare away foreign direct investment.

“We are very keen on the SA model developmen­t [in that] workers feel more committed to the goals of the company and benefit more from the [financial] performanc­e of the company.”

No foreign buyout of local firms had ever resulted in such high workers’ equity, he said. “It is the most significan­t merger deal ever, with ownership of workers reaching 13%,” he said. “It has set a high benchmark.”

Workers were offered R1.6bn of US PepsiCo shares in the broad-based economic empowermen­t deal, but Patel wanted the workers to have ownership and voting rights in the SA company. The workers’ shares convert into 13% local ownership in five years’ time, which Patel initially felt was too long.

Concession­s were also made by PepsiCo and Pioneer, allowing workers local voting rights equivalent to 13% local shareholdi­ng and the right to appoint their own director to the SA board.

Asked if such a deal set the bar too high and could scare away other foreign investment, Patel said public interest conditions of each deal would differ.

“We do take a practical evidence-led approach” in determinin­g the public interest set of conditions foreign companies must meet.

“Investors [in SA] are mainly concerned about instabilit­y and the political and macro-environmen­t. They are concerned about the protection of property rights,” he said, when asked about concerns about the demands.

“If we have a more equitable arrangemen­t through shareholdi­ng, you build stability through that. When I make those points to investors, it resonates with them.”

He conceded that the poor economy could pose a hurdle to attracting investment. “Growth is very, very low.” But Patel said multinatio­nals saw the 1.3-billion African market as attractive. He said the government was beginning to address the factors that constraine­d growth.

PepsiCo said that together with Pioneer Foods, it was “committed to playing a constructi­ve role in the government’s journey to re-ignite economic growth in SA and the African continent at large”.

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