Crowe Horwath TM African Footprint Technical Newsletter of Sub-Saharan Africa Issue 1 - September 2011 About Kenya Inside This Issue: Kenya is located in the southern region of East Africa on a land size of 582,65sqkm with a population of 40,046,566 according to the 2009 census. The capital is Nairobi which hosts an estimated population of 3,138,369 and most of the government business headquarters. About Kenya 1 Floating Back Up 2 Horwath HTL Participates in World Export Development Forum for Sub-Saharan Africa 2 Mauritius - International Financial Centre 3 Investment in South Africa 3 Formation in South Africa of Horwath HR Consulting 4 It has 42 ethnic groups, each with a unique language, divided into three major linguistic groups: Bantu, Nilotics and Cushites. Swahili (Kiswahili) is the national language and English is the official language and the medium of instruction. The official currency is known as the Kenya shilling. Between 2003 and 2010 it averaged about 85 to US$1. The Gross Domestic Product (GDP) is made up of agriculture 16%, industry 22% and services 62%. The GDP per capita for the year 2010 was $1600. The agricultural sector remains in the forefront of Kenya's economy despite the persistent drought that has ravaged the Eastern African area for the last few years, with the Kenyan Highlands comprising some of the most successful agricultural production activities on the African continent (2010). The country exports a variety of cash crops like coffee, tea, horticultural products like flowers, etc. The country has a wide range of tourism destinations and a unique physiography which adds value to the economic growth. Tourism is the largest foreign earning sector followed by flowers, tea and coffee. (Kenya's economy update Dec 2010). The Kenyan tax system features corporate and personal income tax, value added tax on goods and services, customs and excise duties, and stamp duty. There are also a number of statutory levies and social security payments. Taxes are collected by self-assessment and by withholding tax on payments to residents and non-residents. Employers are obliged to withhold and account for income tax on employee remuneration and benefits (the PAYE system). Audit Tax Advisory Crowe Horwath TM Horwath HTL Participates in World Export Development Forum for Sub-Saharan Africa Floating Back Up In the wake of the global financial crisis, business failure or bankruptcy is still a very real fear for many businesses and a sad reality for some. In addition to the unfavourable economic conditions, it is often the culmination of sub-optimal strategic management, weak internal controls and poor corporate governance particularly with regard to fraud and unethical practices. In addition to evaluating the management's use of the going concern assumption in the preparation of financial statements as required of them by International Accounting and Auditing Standards, auditors and professional accountants have a key role to play in helping companies back on their feet. Companies coming out of bankruptcy or statutory management require, more than ever, professional advice on all the five components of internal control as articulated by the Internal Control Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). The entity's cash management, debt financing policies, asset management, transparency and disclosure are also sensitive and crucial areas that need to be critically examined. Similarly, with its pool of professional expertise, Crowe Horwath EA helps firms exit bankruptcy through successful strategic reorganisation and reconstruction. We offer professional advice in the form of due diligence checks on potential merging partners and recommendations on suitable divestiture. We also prepare cash-flow forecasts on the effectiveness of spinoffs and split-ups which are just what these entities need at this critical juncture. Closer to home, Uchumi Supermarkets, a public listed company in Kenya that became insolvent due to overambitious expansion and accrued debt, is serving as an inspirational story after successful implementation of a sustained recovery programme (Speech by NSE Chairman Eddy Njoroge, 31 May 2011). At the time of its collapse, it was the largest supermarket in Kenya both in the number of retail outlets and capital investments. Its failure dealt a huge blow to the Kenyan economy or “uchumi” as it's called in Kiswahili. Thus its recent relisting on the Nairobi Stock Exchange on 31 May 2011, exactly five years to the date of its suspension, is a national triumph and solid proof that recovery from bankruptcy is possible. Florence Ilovi Crowe Horwath EA www.crowehorwath.co.ke Recently, Horwath HTL South Africa was invited to participate in a World Export Development Forum (WEDF) workshop which was hosted by the International Trade Centre (ITC), a joint agency of the United Nations Conference on Trade and Development (UNCTAD) and the World Trade Organization (WTO) which works with developing and transition countries to develop their export markets. With more than half of the world's poorest countries having identified the development of tourism as a feasible way to participate in the global economy and thereby reduce poverty, tourism-led growth and development should be achievable for Least Developed Countries (LDCs). For instance, the Maldives, where tourism accounts for some 30 percent of Gross Domestic Product, recently graduated from their status of Least Developed Country. The WEDF workshop's objective was to bring together representatives from the international business community, high-level public sector representatives, and policymakers of the LDCs in Africa to discuss tourism-led growth and inclusive sustainable development. Through the various roundtable discussions, the international business community engaged with public sector representatives in order that they better understand the kinds of issues that are important to international companies including the biggest impediments and opportunities to doing business in LDCs. The outputs of the workshop will inform the framework of the Fourth United Nations Conference on the Least Developed Countries (LDC-IV). LDC-IV is the UN's largest conference, held every 10 years to adopt measures and strategies for sustainable development. About Horwath HTL: Crowe Horwath International's Hotel, Tourism, and Leisure Group (Horwath HTL) is the world's largest consulting organization specialized in the hospitality industry, with 50 offices in 39 countries and 220 dedicated professionals, of which almost 40 percent are Partners or Directors. Since 1915 the Horwath HTL Group has been providing impartial, specialist advice to our clients and is recognized as the founders of the Uniform System of Accounts which subsequently has become the industry standard for hospitality accounting. The Horwath HTL office situated in Cape Town South Africa was established in August 2000. Although the office is located in South Africa, the Horwath HTL South Africa member firm is responsible for all hotel, tourism and leisure consulting in Sub-Saharan Africa. Michelè de Witt Horwath HTL (South Africa), Cape Town, South Africa CapeTown@HorwathHTL.co.za www.HorwathHTL.co.za 2 Crowe Horwath TM Investment in South Africa South Africa is one of the major financial and commercial powerhouses in Africa and is being sought more and more frequently as the country in which to invest and through which investments are made into other parts of Africa. The advantages to such investors include the following: 1 Stable government and political climate. 2 Extremely well developed tax system. South African resident taxpayers are liable for tax on worldwide income and capital gains. There are however significant exemptions for International Headquarter Companies situated in South Africa. Entities not tax resident in South Africa are taxable only on South African source income and only limited capital gains. From 1992 Mauritius evolved into a respectable International Financial Centre. The country has travelled a long way in the relatively short span of time to reach where it is today. 3 The exchange control rules which do exist have been relaxed continuously over a period of more than 10 years and have hardly any impact on foreign owned companies. The credit for the current state of play goes to all the stakeholders ranging from the government, the regulatory authorities, the financial institutions to the operators in the sector. The declared policy from the beginning was that the country would follow the best practice and have the most up to date legislation to be able to compete in the international environment. The sector is characterized by the cooperation of all the key players. 4 Well developed laws to combat money laundering and tax evasion both local and international. 5 Over 70 comprehensive double tax treaties in force including 19 with other countries in Africa. A further 20 treaties are in the process of negotiation including 8 in Africa. Mauritius International Financial Centre The transparency with which operations in the sector are conducted has won the approval of all international regulatory authorities. The country benefits significantly through the operation of double taxation treaties with an ever growing number of countries. Of particular interest is the emphasis placed by the country on such agreements and other economic ties with the African continent with special attention on Sub-Saharan Africa. The sector is largely influenced by the global economic trend. The financial crisis of 2008/2009 was followed by a marked slowdown in the growth of new business. The current year is witnessing a gradual pick up and the trend is expected to continue for the rest of the year. Khemraj Sharma Sewraz Crowe Horwath (Mur) Co contactus@crowehorwath.mu www.crowehorwath.net/mu In addition, South Africa is negotiating Tax Information Exchange Agreements with a further 15 countries. 6 A new Companies Act (effective from 2011) brings our corporate legislation fully up to date. 7 Extremely well developed banking system. 8 Numerous highly qualified and experienced professional legal, accounting and tax advisors. 9 English is the language of business. 10 Crowe Horwath International member firms in the two main financial centres viz. Johannesburg and Cape Town. These firms offer services in the fields of audit and assurance, tax compliance and consultancy, risk consulting, hotel tourism and leisure consulting, forensic accounting, exchange control advice, business advisory, corporate finance and advisory. Kent Karro Horwath Zeller Karro, Cape Town, South Africa kent.karro@crowehorwath.co.za www.crowehorwath.co.za 3 Crowe Horwath TM Formation in South Africa of Horwath HR Consulting Horwath Leveton Boner is proud to announce that it has extended its service offering to its clients and prospective clients, and is now able to offer expertise in the field of Human Capital. The new division, Horwath HR Consulting, will specialise in three core business areas of HR Services, being: 1 HR Generalist Services: dealing with various HR practices such as HR audits, policies and procedures, job competency development, recruitment, HR strategy and budgeting; 2 HR Specialist Services: dealing with change management, organisational development, coaching, psychometric assessments and organisational projects; and 3 Employee Development: dealing with career coaching, seminars and training programmes. The division will be headed by Luiza Dehrmann. Luiza holds a National Diploma in Business Administration and is currently in her final year of her Masters Degree in Industrial Psychology. Luiza worked in the investment banking industry for nine years and has been with Horwath Leveton Boner for the past three years. During her time at Horwath Leveton Boner, she has established and successfully managed the HR Department. Luiza Dehrmann Horwath HR Consulting, Johannesburg, South Africa luiza.dehrmann@crowehorwath.co.za Our African Network Contact Information Angola HTW Auditores e Consultores, LD Tele: +244 2 2233 2039 Email: carlosaflorencio@gmail.com Kenya Crowe Horwath EA Tele: +254 20 2329542 Email: coutts.otolo@crowehorwathea.co.ke Cape Town Horwath Zeller Karro Tele: +27 21 481 7000 Email: hzk@crowehorwath.co.za Mauritius Crowe Horwath (Mur) Co Tele: +230 208 8684 Email: contactus@crowehorwath.mu Horwath HTL (South Africa) Tele: +27 21 527 2100 Email: capetown@horwathhtl.co.za Morocco Horwath Maroc Audit Tele: +212 37 77 46 70 Email: benkirane@horwath.ma Ghana SCG Audit Tele: +233 21-251497 Email: george.katako@scgghana.com Johannesburg Horwath Leveton Boner Tele: +27 11 217 8000 Email: info@crowehorwath.co.za Horwath HR Consulting Tele: +27 11 217 8000 Email: luiza.dehrmann@crowehorwath.co.za Nigeria Horwath Dafinone Tele: +234 1 545 1863 Email: duvie@dafinone.com Senegal FIDECA Tele: +221 33 821 6387 Email: fideca@arc.sn Tanzania Horwath Tanzania Tele: +255 22 2115251 Email: chris.msuya@horwath-tz.com Crowe Horwath EA, Crowe Horwath (Mur) Co, HWT Auditores e Consultores, Horwath Zeller Karro, SCG Audit, Horwath Leveton Boner, Horwath HR Consulting, Horwath Maroc Audit, Horwath Dafinone, FIDECA and Horwath Tanzania are separate and independent members of Crowe Horwath International, a Swiss verein (Crowe Horwath). Each member firm of Crowe Horwath is a separate and independent legal entity and is not responsible or liable for any acts or omissions of Crowe Horwath or any other member of Crowe Horwath and specifically disclaim any and all responsibility or liability for acts or omissions of Crowe Horwath or any other Crowe Horwath member. 4