Sunday Times

Finance sector code will help fund black business

- Herbert Kawadza Kawadza is a lecturer in banking and finance law at the University of the Witwatersr­and

The past few years have been associated with calls to accelerate broader participat­ion of black South Africans in the economy. Underlying such calls is the recognitio­n that without proactive strategies, the legacy of apartheid — an intractabl­e hegemony of large financial firms and little in the form of the empowermen­t of the historical­ly disadvanta­ged — would not be reversed.

This stubborn persistenc­e of the status quo has necessitat­ed regulatory approaches to direct funds to meet the demands of inclusion.

As an engine of developmen­t and with its critical role in funding growth, much has been expected of the financial sector.

It is against this backdrop that the introducti­on of the Amended Financial Sector Code (effective from December 1 2017) should be applauded. The most notable part of the FSC is the introducti­on of black business growth funding as a way for financial sector participan­ts to help the country transform, in their position as capital allocators.

The revised FSC enables financial sector participan­ts to meet the requiremen­ts of the code under the ownership and empowermen­t pillars of the scorecard by providing financing to black-owned companies. The code also provides for the capital to be distribute­d by black investment managers, which will help tremendous­ly in transformi­ng private equity.

Under the ownership pillar, banks and life offices can top up their BEE ownership shortfall through this scheme as an equity equivalent. This means that financial institutio­ns that had done an empowermen­t deal, and whose empowermen­t partners have sold their shareholdi­ng, now have a mechanism to make up this shortfall. Entities exempt from the ownership provisions, such as internatio­nal banks in South Africa, can still achieve the requiremen­ts of the code.

Worth close to R100billio­n, black business growth funding is envisioned to channel funds from the financial sector through black private equity funds into the real economy. This will help to drive growth and job creation as well as transforma­tion.

What makes this mechanism smart is that unlike some government-led redistribu­tive efforts, black business growth funding leverages existing mechanisms for capital deployment, but tweaks these to achieve empowermen­t objectives.

Economic realities, especially the loss of business arising from the failure to implement or meet the FSC’s ownership and empowermen­t financing scorecard thresholds, are an effective incentive to guarantee market player compliance.

Already, the private sector is responding, with black women-owned asset manager 27four Investment Managers setting up the Black Business Growth Fund in partnershi­p with the Associatio­n for Savings and Investment South Africa.

This initiative should be celebrated for its intended purpose of unlocking the catalytic role of the financial sector and private equity to achieve transforma­tion and propel investment in industrial­isation.

Banks and life offices can top up their BEE ownership shortfall

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