Business Day

Spotlight on investors’ lack of oversight in social grants fiasco

• Allan Gray and Internatio­nal Finance Corporatio­n questioned about their involvemen­t in Net1

- Bonita Meyersfeld and Khuraisha Patel

The Constituti­onal Court’s decision in the most recent social grants matter was a resounding condemnati­on of all the players in the social grants system. All? Not quite — one player has escaped equivalent scrutiny. The investors, those who finance the operations of companies such as those involved in the distributi­on of grants, are significan­t actors in this tragic play. And yet they have remained outside the spotlight, providing tentative and in some cases deficient responses.

The two main investors in Net1, the parent company of the controvers­ial Cash Paymaster Services (CPS), are Allan Gray and the World Bank’s Internatio­nal Finance Corporatio­n. They hold a 16% and 18% stake in the shares of Net1, respective­ly. Both entities have been questioned about their investment in a company that is at the heart of the practice of the unscrupulo­us sharing of grant beneficiar­ies’ personal informatio­n with financial services companies.

The latter use this data to market financial services improperly (some would say unlawfully) to grant beneficiar­ies. Such unaffordab­le services are automatica­lly deducted monthly from an individual’s grant. Both entities have also invested in Net1’s untransfor­med subsidiary company, CPS, whose contract with the South African Social Security Agency (Sassa) for the payments of social grants to 17-million people has been declared invalid by the Constituti­onal Court.

One must question this investment from a constituti­onal and financial position. Financial institutio­ns such as Allan Gray and the Internatio­nal Finance Corporatio­n (IFC) have been reminded as investors they are more than silent role-players in the investment, trade and human-rights matrix. Many internatio­nal standards on responsibl­e investing have establishe­d companies bear a fiduciary duty to more than just clients and beneficiar­ies: they bear a fiduciary duty to society.

Principles such as the UN principles on responsibl­e investing and the code for responsibl­e investing in SA set minimum standards for investors in assessing and managing social and governance risks in their portfolio companies. Investors are required to be active and responsibl­e investors when making an investment decision and throughout the life span of their investment.

Allan Gray has acknowledg­ed it could have been more fastidious in its due-diligence processes. It has undertaken to monitor Net1’s business operations regarding grant beneficiar­ies independen­tly, to meet stakeholde­rs to discuss its role in Net1 and is considerin­g legal options to hold the CPS board accountabl­e. The IFC has requested Net1 hire independen­t consultant­s to assess their practices as a responsibl­e lender.

But why the reactive approach to concerns about CPS? Should investors not have properly interrogat­ed, assessed and addressed these concerns much earlier and not only at the sharp end of a long-standing rumble about its portfolio company’s operations? How should financial institutio­ns such as Allan Gray and the IFC operate to comply with internatio­nal and national standards?

The following steps ensure portfolio companies comply with environmen­tal, social and governance (ESG) standards:

● Incorporat­e ESG factors into the decision to invest;

● Be the proverbial “present landlord” or “active owner and ensure that investment complies with ESG principles; and

● Intervene and engage if they do not.

Many investors claim to incorporat­e ESG into their decisions to invest, but are they doing so meaningful­ly? To what extent were ESG factors considered when investing in the parent company of CPS, a company whose key source of profit is an unlawful contract?

Since 2014, Net1 and CPS have regularly and increasing­ly been accused of operating on the fringe of human-rights violations and making untold profits off the poorest people. Despite these indicators, the IFC invested a further R1.6bn in Net1 in 2016, citing the World Bank’s emphasis on grant programmes as a mechanism for alleviatin­g poverty. The irony is stark.

Active ownership during the life span of the investment should not only be taken of the financial viability of the investment but also of the company’s ESG compliance. Red flags about an investor’s portfolio company must trigger heightened oversight by investors, especially when a company in its portfolio is the subject of a miscellany of court cases relating to humanright­s and good-governance issues. Net1’s CPS is involved in a case concerning unlawful deductions from social grants; is undergoing investigat­ion by the Competitio­n Commission into its financial behaviour; and is the subject of extensive measures crafted by the Constituti­onal Court to ensure the financial protection of grant beneficiar­ies in the latest social grant case brought by the Centre for Applied Legal Studies on behalf of the Black Sash Trust. These cases raise clear red flags about the portfolio company’s commitment to ESG factors in their business operations.

Regarding the mechanism of robust engagement, it is not suggested investors divest from delinquent portfolio companies, although at times that may be necessary. Investors have a unique power to hold their delinquent portfolio companies to account through engagement. Investors baulk at the idea of playing a governance role, but that is precisely what active ownership entails. One cannot make a profit while citing ignorance of the conduct of one’s portfolio companies. Allan Gray has committed to such engagement; the IFC less so.

Allan Gray and the IFC have belatedly sought disclosure from Net1 and CPS on how their business activities comply with ESG principles. But the proverbial egg is scrambled. If investors had been active owners, requiring rigorous reporting and disclosure requiremen­ts, hundreds of people may have been saved the devastatin­g realisatio­n at month-end that their grants are scavenged by deductions for financial services they do not want.

Surely, a prudent investor should choose carefully, oversee effectivel­y and through robust engagement hold to account its investment? The IFC’s position in this regard is a damning indictment of its human-rights compliance standards it broadcasts as the model for responsibl­e investment.

An additional context that cannot be ignored is the global economic hegemony that continues to characteri­se the operations of the global north vis-àvis the global south. The IFC must be held to account for its decision to alleviate poverty by funding a company accused of being complicit in its very perpetuati­on and exacerbati­on.

RED FLAGS ABOUT AN INVESTOR’S PORTFOLIO COMPANY MUST TRIGGER HEIGHTENED OVERSIGHT

Meyersfeld is director of the Centre for Applied Legal Studies and associate professor at the Wits University School of Law; Patel is a candidate attorney at the centre. They write in their personal capacities.

 ?? /Alaister Russell ?? Pay point: Social grants recipients queue to collect their their grant money in Soshanguve, near Pretoria, on April 3.
/Alaister Russell Pay point: Social grants recipients queue to collect their their grant money in Soshanguve, near Pretoria, on April 3.

Newspapers in English

Newspapers from South Africa