Financial Mail

Bad for business

- @GTalevi Giulietta@bdtv.co.za by Giulietta Talevi

If the Competitio­n Commission expected plaudits for its refusal to allow Grand Parade Investment­s’ sale of Burger King to go ahead, on the basis of public interest, it has woefully misjudged the market. Business groups such as the Southern African Venture Capital & Private Equity Associatio­n and Business Unity SA (Busa)have sharply criticised the decision, arguing that the unintended consequenc­es will be profound and that empowermen­t shareholde­rs will in fact be hurt the most. The FM spoke to Busa CEO Cas Coovadia.

The Competitio­n Commission denies it has overreache­d its mandate —wh at do you think?

CC: I guess it depends on interpreta­tion. So the Competitio­n Act was amended to give the commission a public interest mandate as well and I guess it depends on how you interpret that. The commission has been one of the institutio­ns that have been pretty profession­al, they’ve been thorough in the way they’ve investigat­ed and dealt with issues, and if they now interpret this public interest mandate too broadly and move away from the competitiv­e issue and the impact on competitio­n, then I think it would dilute the very good work they’re doing.

They should have looked at this from a competitio­n point of view and if they were happy from a competitio­n point of view, and given that the purchaser made commitment­s to address transforma­tion issues, they could have left any BEE issues to the BEE Commission.

You make the point that, ironically, white shareholde­rs wouldn’t suffer the same level of restrictio­n on whom they can sell their shares to.

CC: Black shareholde­rs go into these deals and they purchase shares because they want to realise value, as any shareholde­r would. Now this says to the black shareholde­rs: “Well, we’re not going to allow you to realise value from your investment because we are concerned about the lack of black shareholdi­ng in the entity now.” That’s totally discrimina­tory against the current shareholde­rs. A deal has to be in the interest of the company that’s purchasing it if they want to continue doing business in SA.

Do you think too much emphasis is placed on BEE ownership, as opposed to other means of empowermen­t?

CC: I think ownership is an essential component of transforma­tion, there’s no two ways about that. But I think that undue concentrat­ion of ownership by individual­s could be to the detriment of more broader issues.

If we want skills developmen­t, SME developmen­t and larger companies to procure from black-owned SMEs — incentivis­e all of that because that then creates a far broader base. It brings more people into the economy, it enables more people to grow their businesses and accumulate assets. The focus and public utterances on certain aspects of transforma­tion need to change.

So even on ownership I would prefer to see far more schemes that promote employee share option schemes and worker ownership. What we need in this country is to ensure that as many black people have a stake in this economy as possible. And those stakes happen through a whole range of initiative­s.

There’s an argument that BEE has pushed up the cost of doing business in SA, and stoked fronting and dishonesty. Do the negatives outweigh the positives?

CC: During apartheid, legislativ­e interventi­ons were made to empower a small minority and disempower a vast majority economical­ly — you can’t then say apartheid is over and markets must reign. Legislativ­e interventi­on had to be made to reconstitu­te a balanced platform on the basis of which market forces could then develop.

But whether it’s BEE legislatio­n or any other legislatio­n, we have to ask: does this have a positive or negative impact on investment and growth? It’s not transforma­tion that causes corruption — it’s a black person acting corruptly with a government official to enrich themselves: that person is a criminal just as a white person would be a criminal. It’s unfortunat­e that people in a very binary way have linked corruption to transforma­tion.

Do you anticipate companies pulling back on SA in light of this decision?

CC: We’ve been quite consistent to say that outside of vaccines, the two most critical issues facing the country are investment and growth, and we’ve got to create an environmen­t that says we are open for investment — no buts about it. We need policy certainty, we need political certainty, and this creates an additional hoop. And in an environmen­t where we are competing fiercely for investment, not least with countries to the north of our borders, we have to be very alive to that.

This says to the black shareholde­rs: ‘We’re not going to allow you to realise value from your investment’

The ratings agencies say SA is all talk, no action. Are you seeing any action?

CC: I don’t think we’re seeing action with the urgency that is required to address the economic crisis we are in.

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Freddy Mavunda
Cas Coovadia Freddy Mavunda

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