Sunday Times

Fair arbiters ‘are one of the keys to PPP deals’

IDC executive Nina Yose highlights an essential element in projects such as third-party access to Transnet lines

- By CHRIS BARRON

These governance, regulatory and skills problems have become self-perpetuati­ng because municipali­ties get government grants every year and never use them

Nina Yose, head of infrastruc­ture at the Industrial Developmen­t Corporatio­n (IDC), says swift and fair arbitratio­n of disputes between the government and the private sector is key to South Africa’s attractive­ness as an investment destinatio­n.

“The private sector wants to know what the rules of the game are, and that they’ll be applied fairly in the event of disputes between themselves and government,” she says — a day after President Cyril Ramaphosa extolled the value of the country as an investment destinatio­n at the 2024 Sustainabl­e Infrastruc­ture Developmen­t Symposium South Africa (SIDSSA) in Cape Town and Transnet released for public comment the tariffs it wants for third party access to its rail network.

Private operators say the fees are excessive and even predatory. How disputes around the tariff proposals are handled will be critically important not only for the country’s logistics turnaround but for its desirabili­ty as an investment destinatio­n, Yose says.

“What investors need to know is that the [Transnet] tariff will be competitiv­e for everyone, it will be a level playing field for everyone who is participat­ing in the sector, and that if there’s any dispute they know whoever arbitrates between themselves and the infrastruc­ture manager will be fair, and that the arbitratio­n will be quick.”

The biggest impediment­s to infrastruc­ture developmen­t in South Africa are poor governance, policy and regulatory uncertaint­y and lack of skills, precisely because they discourage private sector investment, Yose says.

The provision of social infrastruc­ture such as water, housing and roads at municipal level is being seriously impeded by issues of governance, she says.

Ideally, municipali­ties should be able to take on some debt and make at least limited commitment­s to crucial infrastruc­ture projects. “But because of governance failures they’re not collecting the revenue they should from users, so they can’t. The alternativ­e is to bring in the private sector. But because of the skills gap they’re not able to package transactio­ns properly and put together a business case to take to investors.” This has led to a devastatin­g lack of essential water infrastruc­ture projects. The Developmen­t Bank of Southern Africa (DBSA)’s infrastruc­ture fund and Infrastruc­ture South Africa (ISA) were set up to close that skills gap and get these projects packaged properly for investors, but it’s not happening, she says.

“The reality is that these governance, regulatory and skills problems have basically become self-perpetuati­ng because municipali­ties get government grants every year and every year they don’t use them.”

Although the DBSA infrastruc­ture fund and ISA were set up to fast-track the process, when private sector investors do engage with local government infrastruc­ture projects they find that getting regulatory approvals can still take forever.

“It does become frustratin­g to get these approvals at municipal, provincial and even national level. Registerin­g with the DBSA infrastruc­ture fund and ISA has helped to hurry projects along, but the process is still too slow.”

All this explains why getting financial close on projects is such a challenge and attracting private sector involvemen­t is also “too slow”.

“But we have seen some successes,”

Yose says. She mentions an IDC pipeline project for platinum miners in Lephalale in Limpopo. The government has provided grants upfront and commercial banks have come in with loans for the project that will be repaid by the users, the mines.

But it’s taken four years just to get this far. “It has not been as fast as we anticipate­d initially when the project was announced in 2020,” she says.

Nothing is more important right now than bringing in private sector funds and skills to galvanise the network sectors — rail, ports and electricit­y. “Once the policies and regulatory environmen­t comes in around government’s logistics road map, we’re going to see a lot of investment of skills and money coming in.”

Yose is upbeat about long overdue policy certainty at Transnet around opening the rail infrastruc­ture to private operators.

“Because you have governance failures in almost every single town in the country it becomes difficult for agencies like ISA, DBS and the IDC to fix everyone’s problems all at once at municipal level, but at the level of state-owned companies such as Transnet and Eskom we’re seeing projects advancing and getting prepared.”

Lack of project preparatio­n remains a major challenge, however. “It’s happening, it’s just not happening fast enough.”

How can the public-private partnershi­p (PPP) model be made more fit for purpose?

“Our mandate as the IDC is to fund profitable projects and our work is mainly with SOEs. Right now we’re looking at the Eskom transmissi­on line and Transnet and the water infrastruc­ture agency that has to be set up. From that point of view there is a lot of work to be done. But government has done quite a lot in terms of preparing the environmen­t for investors, such as putting proper regulation­s in place to enable them to participat­e.”

The most urgent governance issues right now are around water, she says. “You cannot have lack of governance when it comes to the provision of water, because water is about life and death. What we’ve seen in Hammanskra­al, where we had the issue of cholera, is evidence of that.”

What does she make of the water crisis in Johannesbu­rg?

“It’s the same story everywhere. It’s the fact you’ve got this backlog of infrastruc­ture developmen­t and maintenanc­e around the country. It comes back to governance. With all the infighting it becomes difficult to make the decisions that need to be made for investment to happen.”

As for South Africa being an attractive investment destinatio­n, “the potential is certainly there, but there’s a lot of work to be done”.

Work that is being done, especially in the Presidency with the logistics road map, the splitting of Eskom and putting in transmissi­on lines, and the joint venture with a Philippine­s-based internatio­nal port operator to manage flagship Durban container terminal pier 2 will go a long way to reaching that goal, she says.

On paper at least things are looking hopeful at the level of SOEs such as Transnet and Eskom, “but it’s about swift execution”.

Enough groundwork has been done to safeguard infrastruc­ture developmen­t projects during the election period, says Yose, a Wits University and PwC-trained chartered accountant. She has an MBA from the Gordon Institute of Business Science and joined the IDC as an analyst in 2008, rising to head of infrastruc­ture in 2020.

“If the new administra­tion that comes in fast-tracks what this one has started we can get to where we need to go very quickly.”

 ?? Picture: Masi Losi ?? Nina Yose, head of infrastruc­ture at the IDC, says the private sector ‘wants to know what the rules of the game are, and that they’ll be applied fairly in the event of disputes between themselves and government’.
Picture: Masi Losi Nina Yose, head of infrastruc­ture at the IDC, says the private sector ‘wants to know what the rules of the game are, and that they’ll be applied fairly in the event of disputes between themselves and government’.

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