Sunday Times

SAA DEAL ‘IN JEOPARDY’

Government and ANC leaders call for deal’s ‘re-evaluation’

- By KGOTHATSO MADISA and KHULEKANI MAGUBANE

● The sale of SAA to a strategic equity partner could be in jeopardy as some government and ANC leaders seek a re-evaluation of the airline’s value, and for the state to retain a majority stake in the carrier.

Business Times understand­s there is a push in the cabinet and the ANC to review the deal as concerns have emerged that the strategic equity partner — Takatso — could be underpayin­g for an airline that has now resumed flying and is opening new routes.

Uncertaint­y over the ownership of SAA could compound the shortage of alternativ­es, especially on domestic routes. This follows a News24 report this week that Safair, which has captured 60% of the domestic air travel market, is under investigat­ion and could be grounded for contraveni­ng its licence conditions, which require a majority local shareholdi­ng.

Two of Safair’s competitor­s have complained to the Internatio­nal Air Services Council (IASC), and one of them to the Air Services Licence Council (ASLC), that Safair may be in breach of the domestic ownership minimum thresholds. The IASC will hold a hearing on the matter on April 11.

When the Takatso transactio­n was approved, SAA was grounded and in business rescue. It has since resumed operations and opened new routes, including launching with much fanfare an interconti­nental route, to São Paulo, Brazil.

But some ministers and ANC leaders now believe the deal was rushed and must be reviewed, despite the cabinet having given the department of public enterprise­s the green light to go ahead in 2021.

A senior cabinet member who asked not to be named said the new administra­tion that emerges after the May elections would most likely review the deal. He said since the airline could soon have a new valuation, the terms of the agreement could not be the same as they were four years ago when discussion­s started.

“If Takatso is still interested in pursuing the deal they have come to terms with the possibilit­y that they may not get the majority of shares,” the cabinet member said.

The prevailing view was for SAA to remain a state asset with the state retaining a 51% stake while Takatso gets 49%, he said.

Another cabinet member concurred that the deal in its current form “did not work” for them. “I think it should be looked into; it’s fine that it’s being sold but we would have preferred [the buyer] to have experience and expertise in the aviation sector, which these fellows don’t have,” they said.

Thulasizwe Simelane, spokespers­on for Takatso, declined to comment on Friday. “In the interests of preserving the integrity of the ongoing transactio­n and related negotiatio­ns, Takatso deems it prudent to refrain from any public commentary at this stage,” he said.

The Takatso consortium, originally made up of Harith General Partners and Global Aviation, was announced in May 2021 by public enterprise­s minister Pravin Gordhan as the strategic equity partner that would get 51% of SAA. The government was to retain 49% while the consortium pumped in R3bn to get the airline up and running.

Completion of the deal hinged on the government settling historical SAA debt owed to creditors and compensati­on to holders of tickets that could not be used before SAA went into business rescue.

Late in 2022 the relationsh­ip between the partners in the Takatso consortium soured, with Gidon Novick of Global Aviation publicly resigning from the Takatso board. In July last year, the Competitio­n Tribunal approved the SAA acquisitio­n on condition that the minority partners, Global Aviation and Syranix — owners of LIFT airline — exit Takatso.

Kgathatso Tlhakudi, who was dismissed as director-general of the department of public enterprise­s (DPE), then made a public submission to parliament alleging that

the sale of 51% to Takatso for a nominal amount of R51, with the consortium obliged to invest R3bn in the airline, undervalue­d SAA. He alleged the deal was orchestrat­ed in an irregular manner by Gordhan to benefit a few privileged individual­s.

Gordhan has since been on a mission to disprove the allegation­s and to push for the deal to be finalised. But now his retirement from politics adds to doubts that the next administra­tion will support the sale of a majority stake in the national carrier.

Finance minister Enoch Godongwana said in an interview this week that he has not been appraised of the details of the deal.

“I don’t know how much SAA has been sold for and what are the terms. That’ sa decision of [the department of] public enterprise­s,” he said.

Asked whether he believed SAA was sold for R51 as alleged by Tlhakudi, Godongwana said: “I don’t know, depending on the assets of SAA. What I’m reading is that SAA assets are bigger than R51 and we have cleaned the debt, and paid all the debt. So somebody who would be buying SAA would be buying a clean asset without any debt obligation.”

The finance minister said it was always known that SAA had additional assets abroad, including properties, but he did not know why some of these assets were not included in the initial valuation. “Even the landing rights for Heathrow are about R600m, from what I’ve heard. But ask those questions of DPE,” he said.

When pushed on whether he believed SAA still required a strategic partner, Godongwana said: “We have said, thus far, we would need proof of funds. That’s our condition to release further funding to SAA, proof of funds from the equity partner. If they provide that, it may well be that there’s nothing Treasury can do. However, they have got to cross another hurdle because the SAA Act has got to be passed by parliament.”

MPs who sit on the public enterprise­s portfolio committee have acknowledg­ed that they will not conclude work on a bill that seeks to change the national carrier’s status as a 100% state-owned company before the elections. Without the repeal bill becoming law, SAA will remain in the hands of the state.

A senior Treasury official told the Sunday Times that it was odd that it, as purse string holder, was not involved in negotiatio­ns that resulted in the deal with Takatso.

“We were not involved from the beginning. We would have wanted to be part of those talks, yes, given that we have given SAA more than R47bn in bailouts,” the official said.

Gordhan has been at loggerhead­s with the portfolio committee over whether the documentat­ion supporting the transactio­n should be discussed in an open meeting.

Gordhan told parliament that the deal would be reviewed. He told reporters this week his requests for confidenti­ality in accounting to the legislatur­e about the SAA strategic equity partnershi­p arrangemen­t stemmed from the need to protect the integrity of the live transactio­n from market volatility and competitor­s.

“All of that informatio­n about when it happens, how it happens, which planes will be acquired, cannot be disclosed at this stage as it would give competitor­s informatio­n which they could use to outmatch these guys,” he said.

Parliament­ary legal adviser Andile Tetyana told the portfolio committee this week that while other documents requested by the committee could be discussed openly, it was reasonable that the sale and purchase agreement be discussed under a confidenti­ality regime as the transactio­n was still live.

“There is no way the committee can compile a report without this document. Even if that happens, it would have to happen under a confidenti­al regime. The nature of the informatio­n we are dealing with, including the SPA that the confidenti­ality regime the minister proposed is not something that can be rejected outright,” he said.

DA MP Mimmy Gondwe said the opposition party is against confidenti­ality provisions being introduced to parliament’s oversight process and that the DA would remove itself from any confidenti­al meetings.

Dr Guy Leitch, an aviation analyst and editor and publisher of SA Flyer magazine, said the delays in closing the SAA transactio­n made little difference to South Africa’s aviation industry, as the sector had implemente­d other plans to make the most of the post-pandemic travel market.

“The aim here [at SAA] was to simply privatise SAA or sell a 51% stake. The original intention was to bring in capital and skills, which it sorely lacked. [As to] the fact that the deal is not happening, the only consequenc­e is that SAA’s recovery will be further delayed,” he said.

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