Financial Mail

Lifeline for SOES with new leadership

The new minister of public enterprise­s brings much needed improvemen­t in the governance of SOES

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It is no secret that state-owned enterprise­s (SOES) were among the worst offenders as far as corporate malfeasanc­e during the past few years is concerned, much of this linked to the Gupta family.

The deteriorat­ion in governance within SOES caused asset manager Futuregrow­th to suspend funding of certain SOES in August 2016.

However, according to chief investment officer Andrew Canter, after engaging with the six largest SOES on issues of governance structures and practices, the asset managers resumed lending pension funds to four of them — subject to certain governance changes (and, in one instance proposed legislativ­e change).

“The outstandin­g large SOES — Eskom and Transnet — have been at the centre of serious allegation­s and these continue to be investigat­ed through various parliament­ary and judicial processes,” Canter says. “But we are highly encouraged by the appointmen­t of Pravin Gordhan (one of the more credible politician­s in SA) to oversee those two troubled entities as the new public enterprise­s minister. Also, our analysts continue to engage in direct discussion­s with both Transnet and Eskom on governance and improved disclosure, and are finding those conversati­ons co-operative. To date, however, we have not recommence­d lending to Eskom or Transnet.”

Among the stated objectives of the King 4 report was that it should be broadly applicable to all types of organisati­ons, including SOES.

“Specifical­ly, the King committee was requested by many entities outside the private sector to draft King 4 in such a way as to make it more easily applicable to all organisati­ons, public and private, large and small, for-profit and not-forprofit,” writes committee chairman Mervyn King in the report’s foreword.

This resulted in the inclusion of sector supplement­s for SOES, retirement funds, municipali­ties, SMES and nonprofit organisati­ons in the report.

These supplement­s are intended “to help organisati­ons across a variety of sectors and organisati­onal types to interpret and implement King 4 as is suited to their particular circumstan­ces”.

The terminolog­y used in the report has also been adapted to reflect this broader focus. For instance, the substituti­on of “board” by “governing body”.

Specifical­ly in the case of SOES, the governing body is the “accounting authority” as defined in the Public Finance Management Act. In cases where SOES are establishe­d in terms of specific legislatio­n, King 4 defers to the prescripti­ons of such legislatio­n.

Following their engagement with the six SOES, Futuregrow­th produced a report titled “SOE Governance Unmasked”. In his foreword to this report Canter identified a number of broad areas for governance improvemen­ts, such as:

● The “who” matters. “An organisati­on can have all the trappings of governance such as board committees and policies. But if it has corrupt or ill-intentione­d shareholde­rs or leaders, then policies and practices are all at risk,” he says.

● Boards and subcommitt­ees. All corporate governance begins with the board of directors, so its compositio­n and operations must be appropriat­e.

● Governance policies. These should be in place and cover the major business areas, such as procuremen­t and lending as well as key risk areas (such as remunerati­on).

● Internal watchdogs. “There is a raft of existing regulation­s in SA concerning whistleblo­wers, and yet those who are in the know are evidently not empowered to reveal the truth. Fear rules. Change is necessary,” Canter says.

 ??  ?? Pravin Gordhan: New life for state entities that were ravaged by mismanagem­ent
Pravin Gordhan: New life for state entities that were ravaged by mismanagem­ent

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