Sunday Times

Gordhan’s bill ‘won’t rescue SOEs’

Critics say proposed holding company will do nothing to stop corruption or cadre deployment

- By KHULEKANI MAGUBANE

● Public enterprise­s minister Pravin Gordhan’s National State Enterprise­s Bill suffers a critical flaw — it does not address cadre deployment which turned once-thriving public companies into dysfunctio­nal, indebted entities, critics say.

It fails to create the independen­ce necessary to ensure state-owned entities (SOEs) are not managed politicall­y, as the president or a delegate is empowered by the bill to appoint the whole board of the new company, Free Market Foundation head of policy Martin van Staden said this week.

“This is more of [what] we have been used to under the current public enterprise­s department dispensati­on. A fundamenta­l reform would have been to give the official opposition, whoever they may be, or the business cluster in Nedlac [the National Economic Developmen­t and Labour Council] a veto over any board appointmen­t,” he said.

Without a veto balance from individual­s not beholden to the executive, political interferen­ce, corruption and ineptitude will reproduce, Van Staden said, adding that only privatisat­ion of SOEs offers a long-term solution.

“The ANC wants to be able to appeal to a ‘reform’ that looks ‘commercial’ without actually divesting itself of political control. A real commercial entity responds to market forces, which leads to the efficient allocation of resources.”

There are no provisions that ensure true independen­ce from political actors and for the power of the market to discipline inefficien­cies, Van Staden said.

The bill, released by Gordhan last week, seeks to establish a “state asset management” entity as a holding company in terms of the Companies Act. It would be governed by the Public Finance Management Act (PFMA). It also seeks to transfer the shareholdi­ng of schedule A state enterprise­s to the holding company for supervisio­n and to ensure the uniform governance and commercial stability of the holding company and its subsidiari­es.

The bill says the president is the sole representa­tive of the company, but may transfer administra­tion of the act to another member of cabinet in terms of the constituti­on.

The holding company will act through its board and the PFMA and Companies Act will apply to its operations. Its memorandum of incorporat­ion will be registered with the Companies and Intellectu­al Property Commission.

The government has held on to stateowned companies believing they will generate revenue for the state. Instead, they have cost the government an estimated R478.5bn in bailouts and account for much of the estimated R1.5-trillion South Africa has lost to corruption, according to this year’s budget documents and last year’s medium-term budget policy statement.

Sandile Swana, African Media Online CEO and governance and risk specialist, said many of the bill’s provisions find their legislativ­e authority in the PFMA and Companies Act, which are inadequate in stopping mismanagem­ent.

“The PFMA and Companies Act have not protected Eskom, Transnet or other SOEs because there has been [large-scale] cadre deployment. A lot of unsuitable people have been appointed to these companies through cadre deployment and this bill does not cover that,” he said.

Certain versions of cadre deployment took hold, especially after the ANC’s 2007 elective conference in Polokwane, and this changed the calibre of once-thriving companies, he said. This will go back to the ANC’s deployment committee and the SOEs will be back to square one, Swana added.

“The public has no clear picture of how it benefits from this in terms of operationa­l, financial improvemen­ts for these companies [or] how much new capital these companies will need, and how much shareholdi­ng will need to be sold to raise that.”

Pan-African Capital Holdings chair Iraj Abedian said the bill also falls short in proposing concrete plans to profession­alise the operations and management of South Africa’s troubled SOEs.

“It’s something Pravin Gordhan has been talking about for a while. Instead of addressing competence and management, they are putting another layer of bureaucrac­y in the system. It is not going to address corruption and mismanagem­ent which have affected the country’s SOEs,” he said.

Azwimphele­li Langalanga, a fellow at the Mandela Institute at Wits University, said it is unnecessar­y to create a state asset management company as it will make complex an already messy SOE situation and will not address political interferen­ce.

“South Africa already has an excess of SOEs. To add an extra, mega SOE to govern myriad SOEs strikes one as ill-advised. These SOEs are in various sectors and would generally require specialise­d skills to govern them,” he said.

The appointmen­t of politicall­y connected people as board members and CEOs, with blatant disregard for their capabiliti­es, is not addressed by the bill, said Langalanga, adding that in it the government misdiagnos­ed the main challenges facing SOEs.

“The main challenge will be the centralisa­tion of dozens of SOEs, dealing with different sectors. That is a mammoth task that is bound to fail, especially if the SOEs, being subsidiari­es, are not well managed.

“There is a high chance that the state asset management company will not be immune to political interferen­ce and cadre deployment, which will undermine its effectiven­ess.”

Langalanga added that if SOEs are trimmed to below 10, others privatised and the state asset management company well capacitate­d, centralisa­tion could work well.

He warned, however, that there is insufficie­nt time to pass the bill considerin­g it will be subject to the public commentary period and that parliament goes into recess in March.

 ?? Picture: Thapelo Morebudi ?? Eskom’s Kusile power station. Experts say the National State Enterprise­s Bill is fundamenta­lly flawed and bound to fail.
Picture: Thapelo Morebudi Eskom’s Kusile power station. Experts say the National State Enterprise­s Bill is fundamenta­lly flawed and bound to fail.
 ?? ?? Azwimphele­li Langalanga
Azwimphele­li Langalanga
 ?? ?? Martin van Staden
Martin van Staden
 ?? ?? Sandile Swana
Sandile Swana
 ?? ?? Iraj Abedian
Iraj Abedian

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