Mail & Guardian

Workers want say in PIC board

Unionists want greater transparen­cy after revelation­s and allegation­s about impropriet­y

- Tebogo Tshwane

The appointmen­t of the Public Investment Corporatio­n’s (PIC) new board, after members resigned en masse last week, should follow an inclusive process, say unionists.

Finance Minister Tito Mboweni has begun the search for an interim board for the biggest asset manager on the continent and organised labour says those appointed should preferably not have political connection­s, be without any stain of corruption and fit for the job.

Worker representa­tives are concerned about how the PIC is managing their investment­s. They say the process should be consultati­ve and labour should have a seat at the table.

“If [Mboweni] decides to appoint without being transparen­t, without giving effect to the PIC Act, which clearly states he must consider depositors, which happen to be us, we will interdict the new board,” said Tahir Maepa, the spokespers­on of the Public Servants’ Associatio­n.

The Act, which gives the minister the power to appoint the board in consultati­on with Cabinet, says the minister must have “due regard for the nomination­s submitted by the depositors”.

Maepa said the minister should consult workers and provide clear, public criteria about how the interim board will be appointed.

The nonexecuti­ve board members of the PIC, including the chairperso­n, Deputy Finance Minister Mondli Gungubele, resigned at the beginning of February, saying recent events and allegation­s of corruption levelled against at least four of its members had brought its credibilit­y and integrity into question.

Recent emails sent by a whistleblo­wer, known as James Noko or Nogu, accused Gungubele, directors Sibusisiwe Zulu and Dudu Hlatshwayo and acting chief executive Matshepo More of impropriet­y.

The board resigned in the same week in which the PIC judicial inquiry investigat­ing governance issues and corruption heard details about how the PIC’S former chief executive, Dan Matjila, and More had allegedly flouted governance procedures to benefit Independen­t Media owner Iqbal Survé’s ambitions to list Ayo Technology on the JSE.

The board said it would remain in place until Mboweni appointed an interim one.

The long-standing practice has been for the deputy minister of finance to be the chairperso­n of the PIC, although this is not legislated.

Trade union federation Cosatu’s parliament­ary co-ordinator, Matthew Parks, said that although the union was not opposed to the deputy minister sitting on the board, it believed that Gungubele should not be reinstated because of the allegation­s.

But Maepa rejected the idea of appointing a politician to the board again, saying it would lead to interferen­ce. “We don’t want the deputy minister of finance to be the chair. We want the board to be appointed and appoint a chair from its ranks without the interferen­ce of the minister.” Parks said the union would not compromise on the inclusion of a union representa­tive on the board because that would give workers a direct say in how their pensions were being invested and would ensure greater transparen­cy. The PIC Amendment Bill, which is still going through Parliament, proposes that “a trade union or two or more trade unions acting jointly” should have a representa­tive on the board.

Of the R2.08-trillion managed by the PIC, 88% of it is comes from the Government Employees’ Pension Fund (GEPF), the PIC’S biggest client.

Cosatu agreed it was time that workers were represente­d on the board but Parks said they would not anticipate events by hoping that Mboweni would act in good faith and appoint a labour representa­tive in line with the proposals of the amendment Bill.

“The minister has not shown much keenness to engage with labour in his short term of office. We have also encountere­d a fair amount of resistance on the PIC amendment Act in Parliament, from the treasury in particular,” Parks said.

Mboweni needed to move away from the historical approach used to make appointmen­ts to state-owned entities in which a minister represente­d the primary shareholde­r, according to business consultant Peter Goss, of Peter Goss (Pty) Ltd. He said Mboweni should include stakeholde­rs in the process.

“He needs to form an appropriat­e expert panel to identify the board of directors. He cannot on his own quietly and privately suddenly emerge with a list of people as this will run the risk of being [seen as] cronies as opposed to being competent people.”

Goss said the PIC had to revisit its corporate governance framework and demand better management control and more directorsh­ips in the companies in which it invested.

“The board needs to be encouraged to change its strategy to be more prescripti­ve. When you pay R4.3-billion of government employee pension funds to an Ayo, it should be made sure that the board [can] impose a degree of management control over the organisati­on. You cannot give money and walk away,” said Goss.

But he challenged the idea that trade unions should sit on the PIC board because not all the employees who contribute­d to the GEPF were trade union members. Instead, worker representa­tives could be employers or institutio­nal investors.

For example, if Eskom’s employee pension contributi­ons were invested through the PIC, it would be prudent to have an Eskom representa­tive sitting on the board looking after the money.

“The union is not a standard default; it’s an option,” Goss said.

In an emailed response to the Mail & Guardian, the GEPF said it was also perturbed by the testimony being given at the PIC inquiry and by the allegation­s of impropriet­y by some board members. But it said it would await Mboweni’s decision on the appointmen­t of the interim board. It did not indicate whether it expected to have a say in this.

“It is important to note that the PIC is a corporatio­n whose sole shareholde­r is government, with its own board, governance structures and processes,” GEPF spokespers­on Matau Molapo said.

Tebogo Tshwane is an Adamela Trust journalist at the M&G

Sars headhunt

A panel of heavy hitters, including former finance minister Trevor Manuel and Judge Dennis Davis, tasked with finding a new South African Revenue Service (Sars) commission­er, has been selected by Finance Minister Tito Mboweni, it was announced on Thursday.

They have begun to interview candidates and draw up a shortlist for President Cyril Ramaphosa. This stems from a recommenda­tion by the commission of inquiry into tax administra­tion and governance at Sars, which was chaired by Judge Robert Nugent, the treasury said in a statement. The commission recommende­d that the people appointed to the panel “should be apolitical and not answerable to any constituen­cy, and should be persons of high standing, who are able to inspire confidence across the tax-paying spectrum”.

According to the treasury, its work should be completed in “the next few weeks”.

Fresh Apple

After five years of service, Apple’s head of retail will leave the tech giant in April at a time when it is struggling with sales for its flagship iphone.

Angela Ahrendts’s departure was announced on Tuesday and she will be handing over her responsibi­lities to Deirdre O’brien, who will have an expanded role as senior vice-president of retail and people.

In January, Apple announced it was cutting its quarterly iphone sales forecast, which it blamed on slowing sales in China, which has been embroiled in trade war tensions with the United States.

Apple chief executive Tim Cook said Ahrendts had been a positive and transforma­tive force at the company and its consumers. “I want to thank Angela for inspiring and energising our teams over the past five years.”

Super-unsporting

The Competitio­n Commission, which between 2012 and 2017 received complaints over the abuse of dominance by broadcasti­ng company Multichoic­e and sports channel Supersport, has decided not to prosecute them.

The commission said there would be “no reasonable prospects of success”.

The complaints were about the high cost of the Dstv Premium bouquet and Multichoic­e’s exclusivit­y over sports content.

“Whilst the commission is concerned of the likely market failure, it is of the view that there can be more targeted regulatory interventi­ons to foster competitio­n and make this market competitiv­e,” it said.

Earning power

Specialist profession­als can expect salary increases of about 7% in

2019, according to recruitmen­t consultanc­y Robert Walters. But top performers with highly soughtafte­r skills can expect increases of between 10% and 15%. Premiums will also be paid for profession­als with specialist knowledge in the banking sector, in which the demand for profession­als from historical­ly disadvanta­ged groups saw salary increases of 15% to 20% in 2018. The legal fraternity is also expected to see competitio­n for skills intensify, particular­ly for individual­s with expertise in transactio­nal law, such as mergers and acquisitio­ns, and banking and finance.

Salary increases of between 10% and 15% could be expected, the consultanc­y said.

 ??  ?? Representa­tion: Unions want a seat at the table when the minister of finance appoints a new board at the PIC, to give workers a say in how their pensions are invested. Photo: Madelene Cronjé
Representa­tion: Unions want a seat at the table when the minister of finance appoints a new board at the PIC, to give workers a say in how their pensions are invested. Photo: Madelene Cronjé

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