FUNDING AND VIABILITY A. FUNDING a. Background Recently, in affirming South Africa’s credit rating of A3, Moody’s Investor Service made the following observation: “…[South Africa’s] structural fiscal position has deteriorated significantly and is likely to remain so in view of the government’s plan to only gradually lower the deficit in the years ahead. In addition, taking into consideration the massive borrowing programs of the parastatals to finance their investment activities, some of which debt is guaranteed by the national government, the public sector debt burden no longer appears as favourable as it did prior to the [global financial crisis]. The national government’s direct debt servicing capacity is not expected to be unduly stretched, however, and tariff increases already in the pipeline will help strengthen public utilities payment capacity in the years ahead. Still, lower growth potential in a less supportive global environment could mean that reversing the upward debt trajectory in coming years will prove more difficult than once envisioned. These trends were reflected in Moody’s lowering of the government’s local currency rating two years ago (July 2009) from A2 to A3, unifying it with the foreign currency rating, which was raised from Baa1”. (Credit Analysis South Africa, June 16 2011) The question of whether the manner in which State Owned Entities are appropriately funded given their respective mandates, and in the context of a developmental state, is a vital one. The statement by Moody’s quoted herein begins to highlight some of the challenges that South Africa will face, and will have to address in its stated objective to have the State at the heart of the economic development agenda of SA. Some of these challenges are betrayed, in our view, in Moody’s misplaced optimism that tariff increases will allow the State to continue with this trajectory. Recent and growing resistance to the tariff structure and level of a growing list of State Owned Entities is demonstrative of the limit of funding infrastructure investment, much of it necessary, on the back of punitive tariff increases. An international benchmarking study of South Africa’s infrastructure performance – using access, affordability/pricing and quality as indicators – showed that in general South Africa compared poorly compared to its middle-income country peers (Bogetic and Fedderke, World Bank WPS 3830, February 2006). The case for the need to invest in infrastructure is therefore largely made. What this term of reference seeks to address is whether on the face fit, SOE’s capital structure and the way they fund themselves VERMOGEN SA (PTY) LTD trading as IDG SA Company Registration Number 2004/021853/07 Directors: Mr. G.M. Mbetse & Ms. B.S. Tshabalala Block A, Wierda Court, 107 Johan Avenue, Sandton, 2196, South Africa Private Bag X10036, Sandton, 2146, South Africa Tel: +27 11 669 5960 Fax +27 11 884 8516 Website: www.idgafrica.com can deliver the required infrastructure and/or services, and do so such that access is affordable. This paper will also briefly examine what the role of the private sector should be in the provision of this infrastructure, especially given the State’s commitment to driving private sector participation (“PSP’) or public private partnerships (“PPP’s”) in the provision of infrastructure. Various sources estimate infrastructure spending over the last five years, to 2010, at over R1 trillion. Most of this spending was motivated by either debilitating shortages in capacity as in the case of Eskom for example, or by the need to meet the requirements for hosting the 2010 FIFA World Cup, as in the case of the Airports Company of South Africa (‘ACSA’). For the majority of the Schedule 2 entities, the bulk of their funding requirements were met on the back of the strength of their balance sheets, many of which have improved considerably over the last few years. National Treasury, in its Budget Review of 2011, noted that between fiscal years 2010/2011 to 2014/2015, capital expenditure by the major SOE’s is projected to be R623.6 billion, a 10% drop from estimates in the previous fiscal year. Treasury further estimated that this funding requirement will be met as follows: Retained Earnings – 42% Government – 5% Domestic Debt – 28% Foreign Debt – 25% In addition to direct government funding, Treasury has also issued a significant amount of guarantees, notably to Eskom in the 2010 fiscal year of R174 billion, to back on balance sheet debt funding by some of the SOEs whose requirements cannot be supported by their balance sheets on a stand-alone basis. Government exposure to SOEs in the form of guarantees stood at just under 6% of GDP in fiscal, 2010, a not insignificant amount. Treasury has stated not for the first time that for SOEs to “…. function sustainably, they need to borrow mainly on the strength of their balance sheets” (National Treasury Budget Review 2010). This exhortation by National Treasury that SOEs have to develop balance sheet capacity in order to support their infrastructure investment has led to two notable developments. The first involves the increasing desire, expressed repeatedly by government, to bring in private sector participation in the development of basic public infrastructure. The second development is the slew of infrastructure user tariff increases that are multiples of the inflation rate and which last over a few fiscal periods. SOEs, as described earlier, depend on debt procured in almost equal proportions from the domestic and international capital markets for, on average, just under 50% of their funding requirements. Since the start of the democratic dispensation in 1994, and the first rated souvereign issue, South Africa has been able to take its place among its peers with respect to access to capital markets. South Africa did this by developing an excellent reputation for fiscal management, which is rightly protected by the National Treasury. This vigilance when it comes to the country’s Page 2 fiscal management has resulted in not only a steady decline in the country’s cost of borrowing, but in a steady widening and deepening of its investor base. Due to either explicit government guarantees in the past, and increasingly the implicit guarantee of state ownership, the SOE’s have been major beneficiaries of this steady improvement in the country’s rating. At the corporatisation of many of these SOE’s, their balance sheets were poorly capitalized, and many of them were saddled with legacy debts which made it impossible to make the necessary investments in the ageing infrastructure, and had no capacity to access debt on a standalone basis. In many instances, these SOE’s that are crucial in the provision of basic infrastructure remain insufficiently capitalized to undertake the mammoth task of investing in infrastructure to not only increase capacity, but in some instances to simply maintain existing capacity. It is important to make a note here that in many cases, maintaining existing infrastructure capacity, or increasing capacity based on existing infrastructure patterns, means entrenching the status quo. This tends to exacerbate the problem identified in the Diagnostic Report of the National Planning Commission, that of “…poorly located infrastructure that limits social inclusion and faster economic growth.” This topic will be explored further when the gap analysis is undertaken. The point to make here is that even with this massive investment in infrastructure, some of the state’s key transformation objectives around the integration of previously marginalized areas into the broader economy are currently not being addressed. This is starkly characterized by lagging development in erstwhile Bantustans and the high proportion of disposable income eaten up by transport costs for the historically disadvantaged. To go back to the discussion of the capital structure of SOE’s, much of the capital raised to fund infrastructure investments is of too short duration compared to the assets being funded. It is unusual that such basic infrastructure is funded in such a way that the servicing of that debt must of necessity rely on increasingly exorbitant increases in tariffs. To whit, according to the International Air Transport Association ACSA now has the dubious honour of having some of the highest airport charges in the world. (‘ACSA fees are highest in the World”-IATA; Moneyweb, David Carte, 10 July 2011), after announcing a 69% increase in landing and passenger fees. These astronomical increases have ranged from those awarded to Transnet Pipelines in order to fund the new 24 inch pipeline from Durban; Eskom power increases that are multiples of the inflation rate staggered over three years and the proposed toll rates on Gauteng’s highways following the improvement project, which, despite fierce resistance from motorists, remain significant. Besides possibly denying access to many consumers, these tariff increases also run the risk of having an undesired effect on economic development and ultimately job creation (see Box 1 for further examples of recent tariff increases). According to specialists in the area of tariff setting for public services, the goals of tariff setting should ensure that “…..tariffs are simple, transparent, and predictable; are financially sustainable without subsidies; are affordable for the poor for meeting basic needs, promote the efficient use of resources and avoid cross – subsidies” [Utility Tariff Setting for Economic Efficiency and Financial Sustainability – A Review; Gunatilake, Perera, Carangal-San Jose, August 2008]. It is highly debatable, in a country where the majority of South Africans Page 3 live on less than R500 a month, that tariff setting meet these criteria. It may not be obvious how ACSA tariffs affect the poor and marginalized, but it is well understood that transport costs eventually make their way to consumer prices. Despite the introduction of independent regulators who review these tariff increases, this pattern of recovering the investment costs in long-term basic infrastructure will prove counterproductive to the goal of development and transformation. In most countries intent on the rapid development of their economies, the responsibility for investing in basic infrastructure has largely fallen on the state. These states have sought to recover the cost of this investment over the long-term in the first instance, and through improved revenue to the state as a result of higher economic activity. China, an attractive template for development for many policy makers, has chosen to ‘lead’ economic development by essentially fully taking on the responsibility for infrastructure investment with a range of policy tools that are probably not available in South Africa. The effect of China’s policy is that users are not asked to “pay’ for these infrastructure investments in tariff structures that do not reflect the useful life of this infrastructure. They can do this because they do not rely on relatively short duration debt to fund these assets. Business Unity South Africa (‘BUSA’) notes in its discussion document ‘Perspectives on an Inclusive Higher Job Rich Growth Path for SA By 2025” that “South Africa’s transport, energy and telecommunications infrastructure represents a major cost factor and a deterrent to job creating investments and export competitiveness”. This observation is widely shared, and it could even be argued that it is slowly being reflected in policy pronunciations, most recently by the Ministers of Public Enterprises and Transport, who are championing PSPs and PPPs as a tool for achieving a rapid improvement in the quality and quantity of infrastructure. BUSA motivates their position by saying that government’s financial and human resources should be focused on the delivery of services (health, education and security primarily), where the ability of the private sector to supplant government is limited – the ‘public goods’ argument. Inherent in this is the underlying position that government participation in the economy, even in the provision of infrastructure, should be circumscribed unless well motivated on the basis of compelling non-economic factors. In most countries, including South Africa, these non-economic factors have generally centered on addressing inequitable access to basic services. The South African government, in providing, or ensuring that basic infrastructure is provided, needs to take into account the following: Basic infrastructure continues to be inadequate and access is iniquitous The cost of accessing basic infrastructure needs to take into account that most South Africans are poor, and The cost of accessing basic infrastructure cannot be a barrier to entry either because it is too far for the historically marginalized, or because tariffs are prohibitive. This is an important consideration particularly in the context of the development of SMMEs and entrepreneurship. Page 4 There are three aspects to meeting these goals as outlined above. The first is making sure that there is capacity to deliver on what are very large infrastructure requirements; the second is ensuring that there is enough of the right kind of capital to fund such requirement, and finally ensuring that this infrastructure investment is inclusive. Government has conflicting demands on its capacity, and capital which is also required for the delivery of basic services such as health, education and security. The recent policy pronouncements of PSPs and PPPs are therefore very well advised overall, even though we will ague that there’s a panoply of policy options that government should also consider in its primary drive of infrastructure provision, and its secondary drive of employment creation. The most obvious of these include partial listings to achieve primarily the proper capitalization of SOEs with the right kind of capital, as well as the outright sale of SOEs based on certain criteria. Identifying the most appropriate options for South Africa will be informed by benchmarking exercises, as well engagements with a range of stakeholders. b. Funding of SOEs (As-Is) State Owned Entities fund themselves fund themselves either on the strength of their balance sheets, on-balance sheet but with government support, or subsidies and grants. The majority of the commercial entities listed in the Public Finance Management Act schedules fund themselves on the strength of their balance sheet, with or without government support. The balance of the entities such as the Constitutional Entities (Schedule 1) and the SETAs are funded mainly through government grants, subsidies and, in the case of SETAs, a tax on the private sector. There is less clarity on the funding of local and provincial entities as collecting that information has proven far more challenging. A process is underway to collect this information for entities in the lower tiers of government, and analysis and the results will be shared in later reports. According to the surveys of Schedule 2 SOEs conducted by PwC, the majority of these “SOEs believe that alternative methods of funding should be explored in order to address the current debt burden”, with some of these SOEs describing themselves as being in a “debt trap”. As stated earlier, Schedule 2 SOEs have tended to rely on capital markets debt to fund their requirements, with only a few of the SOEs able to inject long term equity capital through the sale of non-core assets, assuming they could keep the proceeds from such sales. With the recent ramp-up in the infrastructure investment program of the country as bottlenecks in the economy began developing, the large SOEs have mostly been able to fund these requirements on their balance sheet without government support, with the notable exception of Eskom. SOEs have generally been successful in obtaining extraordinarily high tariff increases, many of them arguing that they have no other way of funding these investments, much of it on relatively short duration debt. The tariffs effectively are a mechanism for generating large increases in income and cash, and eventually retained earnings, which are used to support the capital program. It is clear that these entities would simply not have the balance sheet capacity for these investment programs without Page 5 either massive capital infusion from government, or explicit government guarantees. In the Eskom case, both the massive increase in tariffs and explicit government guarantees were required to support its build program. The following data from the JSE indicate the extent of dependence of the large SOEs on domestic capital markets: As at end 2010 By Sector and Number of issues: Issuer/#Num Govt Muni SOE Water Securitisatio ns Banks Corporates Total 200 0 66 47 45 26 200 1 49 38 40 17 200 2 154 15 34 14 200 3 147 9 32 17 200 4 136 9 25 17 200 5 131 6 20 14 200 6 122 7 30 12 2007 113 7 27 12 22 8 8 222 53 11 12 220 31 15 10 273 75 30 19 329 126 48 21 382 220 71 32 494 393 136 55 755 513 229 97 998 2008 102 10 49 11 2009 90 14 60 11 2010 85 18 58 10 495 376 360 404 118 112 1,145 1,067 310 472 124 1,077 Source: JSE By Sector and Nominal in Issue: Issuer/ Nominal 200 0 333. 0 1.3 200 200 1 2 351. 332. 6 3 1.1 0.2 200 200 3 4 371. 403. 1 9 0.1 2.1 200 5 427. 3 2.7 200 6 440. 0 3.9 200 7 428. 4 3.9 200 8 437. 3 8.1 SOE Water Securitisatio ns 50.0 13.3 38.9 16.3 35.5 17.7 38.6 18.4 44.1 19.4 45.1 20.5 0.8 2.7 10.4 26.6 39.0 69.4 54.9 17.0 108. 8 60.5 18.3 134. 2 Banks Corporates 9.8 8.8 417. 0 16.2 25.0 18.2 19.0 445. 440. 1 0 27.3 24.4 506. 5 37.7 23.8 569. 9 46.6 36.0 647. 7 63.5 85.4 49.0 58.4 737. 789. 1 0 81.2 18.6 122. 1 104. 2 69.7 841. 1 Govt Muni Total 200 9 504. 9 11.4 122. 8 19.2 91.6 134. 6 64.0 948. 6 Source: JSE While the private sector continues to lead in the number and size of issue, as you would expect given that the commercial SOEs make up a relatively small portion of the overall economy (share of GDP), the amount of listed domestic debt by the SOEs and Water Utilities has increased from R63.3 billion to R183.3 billion in 10 years. The debt in issue by these SOEs makes up just over 16% of total nominal in issue of Page 6 2010 643.4 15.0 155.9 17.4 74.3 159.4 67.3 1,132. 9 R1.1 trillion, which is higher than the proportion of these SOEs to the overall economy but not unexpected, given that they cannot access equity markets. An increasing number of the large SOEs are managing their domestic through the registration of DMTN Programs, where they can issue a range of instruments cost effectively. The range of issues from these programs include vanilla fixed rate debt instruments, commercial paper, floating rate notes, and inflation linked debt. Below is a diagrammatic representation of the domestic debt capital markets share per sector. By sector and nominal in issue - 2010 6% 14% Govt 7% Muni 1% 57% 14% SOE Water Securitisations Banks Corporates 1% Source: JSE What is noteworthy is that in the last five years, the total debt of Schedule 2 entities has increased from R225bn in 2006 to R723bn in fiscal 2010, an increase of over 220% (R498bn), all of this on balance sheet (see table below). Over the same period, only R101.4bn of debt was issued by these entities on the domestic capital markets, which means that these SOEs only met 20% of their requirements from the issue of listed instruments in the domestic market. The balance of these requirements is probably being met with a combination of unlisted domestic issues and the issue of listed and unlisted debt in the international domestic markets, although this information is not available in that detail in the source database compiled by KPMG. Page 7 Schedule 2 Debt Profile Year 2006 2007 2008 2009 2010 Source: Annual Increase (Rm) 46 163 89 226 62 958 50 512 Cum. Debt (Rm) 225 500 317 826 496 278 622 194 723 218 Percent Change 20,47% 28,07% 12,69% 8,12% KPMG Report (2011) The observation that can be made from these statistics is that this level of increases of on-balance sheet debt is probably not sustainable, and the SOEs will have to pursue other options for funding infrastructure requirements. There are attractive and easily accessible options that can be explored without impinging unduly on the State’s objective of using SOEs for the developmental agenda, as there are limits to the amount of foreign currency debt that many of these SOEs can put onto their balance sheet without incurring unacceptably high costs and/or risks. The options that will be examined in detail will include the partial listing of SOEs on the JSE in a way that preserves government control while maximizing investor appetite, and the use of PPPs. While the latter can be a meaningful option, it is important to note that to date, South Africa has not had much success with PSP initiatives (examples being SAA, ACSA and others, which are discussed in detail elsewhere in the document). It is also important to note that while PPPs that are structured as off balance projects can reduce the direct exposure of the SOE to debt, the reality is that there remain many other exposures, which effectively shift the exposure back to the state. An example of this are traffic volume guarantees a la Gautrain, or injunctions on what the State can do that may be deemed to be detrimental to the PPP project, as many of the highway PPPs are structured (for example, government may be prevented from building any roads that are deemed to be ‘competing’, possibly constraining policy and favouring the development of roads in areas considered financially more lucrative). The other notable challenge with PPPs is that because they are in the main funded with the same debt of short duration compared to the asset being financed, the asset-liability mismatch already identified, the problem of high tariffs to pay back this debt remains, the recent debacle with SANRAL being a good example of this. No wonder then that the CEO of Transnet, at the announcement of its financial results for the 2010/11 financial year, expressed misgivings about the efficacy of PPPs as a solution to the challenge of financing sustainably and affordably for the user, Transnet’s infrastructure requirements. Finally, there is also an argument to be made that with an estimated 300 to 500 entities, the State have reached a point where a rationalization of this sector, in much the same way many other emerging economies have done, including China and Malaysia, in order to improve delivery and effectiveness, will have to be pursued energetically. Page 8 FUNDING OF SOES: TO-BE A. Introduction Globally countries that have been successful in deploying state owned companies for economic develop exhibit several similar characteristics. In general: 1. The commercial SOEs tend to make up a sizeable portion of the economy and/or their national stock exchange (greater than 20% -30%); 2. The countries that deploy SOEs for economic development (dubbed “State Capitalism” in a recent issue of the Economist) also control their currency to a great extent; 3. State Capitalism is also closely associated with the State’s ability to control the flow of capital, usually through ownership of a meaningful proportion of the stock exchange or directly through ownership of banks; 4. Successful state capitalism has also tended to be associated with dynamic and a growing overall economy. International Comparisons: SA Real GDP growth rate in 2011, year over year 3.1%, IMF World Economi c Outlook April 2012, p2 % of stock market SOE’s remain unlisted Chin a 9.2%, IMF World Econ omic Outlo ok April 2012, p2 80%, The Econ omist, State Capit alism Speci al Repor t, 2012, p3 Russia Brazil Norway Singapore France 4.3%, IMF World Econom ic Outlook April 2012, p2 2.7%, IMF World Economic Outlook April 2012, p2 1.7%, IMF World Economic Outlook April 2012, p71 4.9%, IMF World Economic Outlook April 2012, p79 1.7%, IMF World Economic Outlook April 2012, p2 62%, The Econom ist, State Capitalis m Special Report, 2012, p3 38%, The Economist, State Capitalism Special Report, 2012, p3 33% of the value of assets listed on Oslo Stock Exchange. The value of the State’s shareholdings is estimated at around NOK600 billion as at the end of 2010. The State-owned companies As at 31 March 2011, Temasek portfolio value was S$193 billion The government’ s portfolio of listed shareholding s had a market capitalisation of 69 billion Euros. This represents 11% of the CAC 40 market capitalisation (2011 Report Page 9 Shares and other Equity held by the Govern ment (as a % of GDP), 2008 Bank ownersh ip (Y/N) that are listed were valued at around NOK 500 billion. Meld.St.13(20 10-2011) Report to the Storting (white paper) Summary, Active Ownership – Norwergian State ownership in a global economy, p5 Circa 70%, Euro area-13 average is 10.8% (Source: Forfas The Role of State Owned Enterprises, 2010) 8.7%, KPMG Database /Moloto Report, 2011 n/a n/a n/a Private and public sector bank ownershi p models co-exist Stateowne d Private and public sector bank ownersh ip models co-exist Private and public sector bank ownership models coexist Private and public sector bank ownership models coexist on the Government as a Shareholder, p7) Circa 21.8%, Singapore Departme nt of Statistics Circa 20%, Euro area-13 average is 10.8% (Source: Forfas The Role of State Owned Enterprises, 2010) Private and public sector bank ownership models coexist Private and public sector bank ownership models coexist In South Africa, SOC’s (commercial enterprises only) make up about 8% of GDP, and zero percent 0% of the domestic equity stock exchange. SOC’s make up only 15% of debt issued on the JSE. South Africa’s currency is one of the most liquid and highly tradable in the world, fully convertible with the only restrictions being on South Africans. These have been diminishing over time. The South African State does not own any deposit taking commercial banks, with its leverage limited only to the state funded Developmental Finance Institutions (DFI’s). Recently, the Post Office Bank (Postbank) has been issued with a banking license, but its assets are trivial compared to the might of the big 5 commercial banks, offering no real advantages to the state. Furthermore, with its misadventures at the end of 2011, it is unlikely that individuals or corporate will be clamouring to deposit their funds into Postbank! Finally, the flag bearers of the most successful developmental states have been successful in stimulating overall economic growth, through the creation of special The state makes up to 40% of the overall economy, which is significant, but it is debatable whether much of it can be used as direct leverage to drive development. Page 10 economic zones, small and medium business enterprises or inviting foreign direct investment amongst other strategies. Another observation to make is that most of those countries driving state capitalism have tended to be either authoritarian (Singapore, Russia, China) or have a strong social consensus on how the country should be managed (Norway, France). Brazil and India are notable exceptions in that they are neither authoritarian, nor enjoy widespread social consensus, and therefore potentially useful guides for an economy like South Africa. It is important, however, to emphasise that they possess many of the other attributes. The preceding analysis is an important context for any discussion of the South African state’s ability to drive an ambitions agenda of state capitalism. A further proviso is the State’s self-imposed limit on a debt to GDP ratio of no more than 40% in order to preserve the country’s investment grade credit rating. These realities set constrains on the extent to which the government can realistically use SOCs to drive economic development without addressing some of the challenges identified by the multilateral agencies such as:I. II. III. IV. The ZAR is probably overvalued, making SA exports uncompetitive; There is a high degree of concentration and limited competition in many of SA’s goods and services markets reflecting natural, regulatory and other barriers to new entrants. The IMF describes this as the legacy of the apartheid government’s attempts to encourage the emergence of national champions; SA has the fifth most onerous product market regulation among the 39 advanced and developing countries for which the measure is calculated (OECD 2010); SA’s big and stubbornly high level of employment reflects a host of structural factors, such as the geographic mismatch between population centers and economic activity created by apartheid, and the gap between real wages and the productivity of the unskilled. These structural problems as identified by the IMF, amongst others, means that the competitiveness of South Africa’s economy has either stagnated or declined. This is particularly true for manufactured exports compared to commodities, although even there SA lags its peers globally. B. BACKGROUND Following the ANC’s Polokwane Resolutions in 2007, the active role of the South African state in drawing the developmental agenda is now enshrined in policy, from the new Growth Path to the National Development Plan. At the heart of this agenda is the government’s determination to leverage its ownership of SOEs, particularly the commercial enterprises, to drive an agenda focused on growing the country’s industrial base in order to increase its ability to create jobs and reduce poverty. Parallel to this is a renewed focus on mining as a means to not only develop the economy but also change some of the apartheid spatial development by creating new economic centers. A topical example of this is the development of the Waterberg Page 11 coalfields, which is to also be supported by the development of infrastructure (economic and social) and an industrial sector (2012 State of the Nation). Major catalysts to the development of this area are the investments to be made by Transnet and Eskom. C. PWC QUALITATIVE SURVEY The PRC, as part of its research towards understanding the challenges and opportunities faced by the SOEs with respect to funding their activities, commissioned the study done by Price Waterhouse Coopers (PWC) and referred to throughout this report. PWC was asked to use a questionnaire as well as face-to-face interviews with senior SOE executives, to ascertain the extent to which the sampled SOEs were able to pursue their mandate with the available funds, and to opine on the adequacy and appropriateness of their funding. Their responses were grouped into the schedule as per the PFMA which are summarised here as follows: Schedule 1: Entities are prohibited by the PFMA from borrowing funds, and the sampled entities complained of insufficient funding. These entities, set up in terms of Chapter 9 of the Constitution, complain of being insufficiently funded to meet their mandates, with most of their budgeted allocations taken up by operating costs. Schedule 2: Mostly large commercial enterprises, they are permitted to borrow in terms of section 66(3)a of the PFMA. They operate in the main in highly contested sectors, with a few enjoying state supported monopoly functions, such as Telkom (last mile). The sampled SOEs all expressed growing concerns with regard to their ability to meet future funding requirements, which is concerning given government’s ambitious infrastructure investment program. A surprising number of Schedule 2 SOEs continue to be dependent on government support, whether in the form of explicit government guarantees or subsidies. Of the sampled entities SABC, SAA, Denel, CEF, Pilansberg International Airport, Alexcor and Eskom (as a result of its massive build program) have relied on government support. Other findings from the interaction with the Schedule 2 SOE’s is that: I. II. III. Many of them are performing below their ROA hurdle rates. This issue of the SOEs performance, including asset utilisation rates well below international benchmarks (McKinsey) will be revisited later as they suggest infrastructure budgets could be overstated; Most of the capital expenditure of SOEs is replacement, rather than expansionary capex, calling into question the extent to which it can stimulate the economy and put it on a much higher long-term trajectory. By definition, much of this capex cannot be “transformational”, as confirmed by the NPC in the National Development Plan; Many SOEs expressed an interest in alternative means for funding their investments, pointing out the high correlation between the prices they charge for their services and their borrowings. Page 12 Schedule 3(a): Most of the non-commercial entities in this schedule considered their funding models to be restrictive and limiting with many believing they are not adequately funded. They argue that this makes it impossible for them to undertake effective long-term planning. SETA’s are a special case in this category as they run surpluses because of policy & structural challenges faced by them. They are discussed in detail in the PWC report and they certainly warrant special attention in this analysis. Schedule 3(b): Mostly water boards and utilities, running their operations on a commercial basis. They require subsidies to carry out their mandate with many of them believing that are not adequately funded. The issues identifies as challenges by these SOEs to raising funding can be summarised as follows: 1. The poor viability of some SOEs makes it difficult for them to raise funding; 2. SOE’s face balance sheet constrains because of insufficient capitalization; 3. Massive back logs across nearly all basic infrastructure, exacerbated by poor maintenance practices; 4. Poor asset utilisation and productivity which lags their peers; 5. Poor regulation of the monopoly SOEs; 6. Poor policy co-ordination; 7. Poor leveraging of the country’s comparative advantage in the mining of certain key industrial minerals. The impact of the preceding is manifold, but can be summarised as risks arising in the following areas: 1. Investment in infrastructure focused on replacement rather than new and expansionary infrastructure; 2. Unnecessary infrastructure investment being made as a result of poor operational performance and low asset utilisation. This can also result from poor maintenance practices; 3. Necessary investment and maintenance not being made because of balance sheet constraints and the limited ability of the fiscus to assist to improve the balance sheets of SOEs. In analysing the options available to government with respect to funding the State’s massive infrastructure requirement, certain facts have to be made: 1. Underinvestment in infrastructure was pervasive in the 1980’s as a result of the apartheid government’s geopolitical challenges. The De Villiers report also PWC study, National Development Plan of the NPC, McKinsey Page 13 provides proof that the state simply stopped making the necessary investments in infrastructure; 2. This was further compounded by the reality of the active neglect of the economic and social infrastructure requirements of the historically disadvantaged communities of the majority; 3. It is likely therefore that the budget required to correct the under investment and apartheid patterns of investment and to position the SA economy for growth and development is grossly underestimated. McKinsey, in our discussion with them, has suggested that of the R1 trillion budgeted to date, an additional R1 trillion in main economic infrastructure (energy, bulk water, rail, harbours, ICT) investment (they made not estimate of required social investment) is required; 4. Of the major SOEs that would be charged with these investments, their combined net asset value or capital is approximately R_________, which suggest that their ability to fund such ‘game–changing’ requirements as suggested by McKinsey is severely limited. This is further compounded by the fact that the massive requirements for investment in social infrastructures (schools, universities, FETs, health facilities, R&D facilities, roads, etc.) remain the direct responsibility of the state and cannot be funded on a ‘user pays’ principle in a country where most citizens are of limited means. As noted by Treasury in its MTFB, the state is coming up against its self-imposed limit of 40% of the debt to GDP ratio, and therefore has limited capacity to contribute to the funding of economic infrastructure. This limitation extends to the provision of explicit government guarantees that National Treasury is famously loath to provide. 5. Many of these SOEs were arguably under-capitalised at the time of their corporatization. At the height of the sanctions regime against the apartheid state, it was simply not possible to corporatize these SOE’s with healthy balance sheets that would have made it possible for them to embark on an ambitious investment program. A priority for many of them was to improve their performance and, in turn, their balance sheets without incurring too much investment cost. The government’s now abandoned restructuring and privatisation agenda was largely driven by these considerations. 6. The private sector must play a role in meeting these ambitious investments, although what this role should be varies among all the stakeholders. We also Page 14 need to note that this discussion takes place in an atmosphere of an extremely jaundiced view of privatisation by the Alliance partners. It is clear from the work done elsewhere in this review that private sector participation is not a panacea and must be approached with care. 7. Finally, in our interaction with National Treasury and DPE, we feel comfortable making the following assumptions with respect to the viability and funding of state owned entities: I. II. III. IV. How the viability of an entity is determined should be on the basis of the SOEs strategic importance; SOE sector leverage in the SA economy is limited as discussed earlier, as well as State resources. This implies that: some rationalising is required including disposing of those assets in sectors where state leverage is close to zero; Some semblance of private sector participation. The nature of the goods and services being provided should determine whether they are funded from the fiscus or by users of these goods and services; Goods and services provided on a ‘user pays’ basis must take into account the users’ ability and capacity to pay for those goods and services. Page 15 D. PRIVATE SECTOR PARTICIPATION The DPE in developing its capital structure model identified that many of the SOEs are grossly undercapitalized. The earlier discussion supports this assessment. DPE gave an example of their analysis showing that SAA is undercapitalized to the tune of R5bn. SAA’s recent request for R6bn of capital to support their growth objectives was therefore not surprising, media characterization of this R6bn as a ‘bailout’ notwithstanding. In total, DPE estimates that the SOEs under its shareholder responsibility are undercapitalization to the tune of R_______, calculated on weighing up the SOEs investment programmes in the medium term, and the debt/equity ratio they need to reasonably maintain to retain current levels of creditworthiness. The DPE is actively reviewing a series of models for bringing in private sector participation in order to bridge these massive capitalization gaps. As they see it, these partnerships would include external equity providers, and even operators, developmental finance institutions and ownership by private sector on a BOOT basis. In a separate section of this final report, the PRC has looked at previous attempts at partnering with the private sector. The evidence is mixed. The state sought to bring in external equity (various newspaper articles) and expertise, but often these experiments were either costly and disastrous (the SA Post Office management contract with New Zealand Post being one example) or simply failed to drive the desired outcomes because of uncertainty and ambivalence when it comes to policy, as well as poor decision making. An instructive example in this regard is the strategic equity partner, Aeroport di Roma (ADR), brought in to acquire 20% of ACSA. The seeds for the failure of this transaction are thati. Most of the proceeds for the partial sale went to the fiscus and was not all used to recapitalize ACSA; ii. ADR was an Italian SOE, and it is questionable whether they ever had the financial resources and global benchmark expertise to add value to ACSA’s operations and to ACSA’s financial capacity. In the end, ACSA bought back its shares and ended up financing its massive infrastructure programme on its own balance sheet. The Roman government finally privatized ADR. Therefore, for private sector participation to be effective in achieving government objectives, the State’s objectives must be very clear - do they want private capital to strengthen the balance sheet of the SOE or do they want to improve the operational capacity or do they want both? Is the sale primarily to bolster the finances of the State rather than that of the SOE? Depending on which is the more important objective we believe the policy choices are clear. (i) PSP to recapitalize This seems to be a key consideration and strategy by government, emphasized in both the State of the Union address by the State President, and in the National Treasury budget. As discussed earlier, the major SOES, as well as municipalities, have projects in the pipeline in excess of R3.2 trillion (with just about a third at Page 16 concept stage, and about 28% considered to be live projects) and it is inconceivable that these investments can be made entirely on the balance sheet of the SOES, or the National and Municipal budgets. It is also instructive at this stage that the bulk of these investments are considered economic, rather than social infrastructure. As discussed earlier, National Treasury and DPE are both inclined to consider the “user pay” principle for economic infrastructure, while social infrastructure is generally considered to be paid for from tax receipts. However, with the recent developments as detailed in the National Budget with respect to the Gauteng Highway Improvement Project by SANRAL, it is also clear that the “user” is also running up against fiscal constraints. In general, attracting private sector investment should seek to: i. ii. iii. Extend capital to infrastructure projects that is long term in nature in order to achieve a close match with asset life; Keep the costs to the user, on an all-of-life basis, as low as possible by extending repayment periods; Achieving higher levels of pure equity funding for such projects. This can be achieved through direct investment in projects, or indirectly through placing shares of the SOEs with private investors through partial privatization that retains control by the state. (ii) i. ii. iii. Direct Investment by Private Sector This would involve the private sector investing preferably equity into selected projects in order to achieve the outcomes listed above. This investment can be in the form of classic PPPs –Build, Operate, Own and Transfer as an example but with a higher stipulated level of equity capital in order to increase affordability for users; Invest in certain SOE operations through vertically separating certain infrastructure and operations; And users of infrastructure can invest ‘equity’ in the form of long-term irrevocable ‘take or pay’ contracts, with the provision that the extent that this works will be subject to the credit quality of the issuers of these contracts. Chapter 7, National Budget The distinction between economic and social infrastructure is not clear-cut. Witness the resistance to the treatment of roads as economic infrastructure. Page 17 (iii) Indirect Investment in Infrastructure There was a period in the history of many SOEs that the use of quasi-equity instruments, such as preference shares, was widespread. These were issued primarily to banks who were eager to use up the billions of Rands of the SOEs’ assessed tax losses. At the start of the new democratic dispensation, this practice was effectively proscribed although by then the horse had effectively bolted, with most of them having used up these assessed losses. During the period when ‘privatization’ or restructuring was still on the table, the government used private sector capital to mainly bolster its own finances, understandably given the precarious nature of the near post-apartheid national accounts. There were numerous outright disposals as well as partial disposals through the introduction of strategic equity partners or even partial listings on the JSE. In the case of Telkom, it started off with an SEP and went on to a JSE partial listing with government retaining a ‘Golden Share’ to protect its policy interest (and possibly to also assuage its alliance partners!). We don’t believe that the use of SEPs is particularly effective in that while it may raise the necessary capital, by effectively bringing the SEP you have a powerful minority shareholder whose interesta may not be aligned with those of state shareholder, leading to conflict. In addition, the nature of the capital brought in by an SEP is not really long term, as very often they will seek innovative ways to extract this capital out of the SOE as quickly as possible, such as through the SEP contracting with the SOE to undertake certain operations on an exclusive basis and usually on unfavourable terms for the SOE. An example of this occurred following the retention of Swiss Air as SAA’s SEP, where after Swiss Air took on the exclusive responsibility of leasing to SAA all of its leased fleet. We do, however believe that partial listing on the JSE offers a lot of opportunity. Of concern ‘of course’ is the JSE’s rejection of the use of the golden share, which effectively gave the government additional rights that other Telkom shareholders did not enjoy, a situation that the JSE thought so untenable that government’s Telkom golden share was taken away in 2010. Over the last few months, the PRC has engaged extensively on this issue with the JSE and others. Following extensive consultation, particularly on the issue of the appropriateness of the JSE’s stated objective of prioritising global governance benchmarks in its listing rules rather than the context in which it operates, that of SA being a developmental state, the JSE has now indicated that they would be willing to re-instate the Golden Share for listings by SOEs. This is a great development and would effectively give government two controls on its policy making leverage, namely: I. II. Shareholder control through retaining a majority stake; and The Golden Share JSE not on listing State Owned Enterprises on the JSE Page 18 However, this would effectively result in some discount in the valuation of the SOE as a result of these restrictions and would probably mean that certain fund managers would not be able to trade those shares, reducing their liquidity and attractiveness. Should the government choose to proceed in this manner, a careful balance would have to be struck between protecting its policy making ability, whilst at the same time maximising the capital raised in order to recapitalise the selected SOE’s. We would go as far as to suggest that the use of the Golden Share would only really be necessary in instances where the government wished to dispose of more than 50% of its shareholding in an SOE due to capital raising being a priority. The state would be able to preserve its flexibility to make policy in instances where they have only sold a minority shareholding. Given that bringing in an SEP, or a private sector partner in the operations of SOEs is more likely to more meaningfully reduce policy flexibility for the State, a partial listing also has the added advantage of being far more transparent from a governance point of view, than PPP’s and much simpler to execute than negotiating a PPP agreement. There is evidence that very often PPPs result in transferring value from the State to private sector, while risk resolutely stays with the government (evidence is Cabinet’s decision to suspend PPP’s and evidence of lack of transparency is the Gauteng Highway Improvement/Sanral PPP). E. DEVELOPMENT FINANCE INSTITUTIONS Recently, both leading DFI’s, the DBSA and IDC, have been put forward as possible financial partners to the commercial SOE’s in the drive to achieve a step increase in infrastructure investment. Examples are cited of other developmental states that have successfully used their DFI’s for exactly this purpose. As outlined earlier in this document, many successful Developmental States control a much larger share of capital in their economies. While there is no doubt that both the DBSA and IDC command significant capital resources, they pale into insignificance when compared to the big 5 banks and the capital markets. I have not included Pension and Provident Fund investments for the whole economy, as I believe that would be double counting, Table: South African Financial Institution Holdings (2010) INSTITUTION R (MILLION) 1. IDC 80 2. DBSA 51.3 3. Standard 782 4. ABSA 663 5. Firstrand 578 6. Nedbank 547 7. Investec 202 8. JSE 4,640 9. PIC 1,032 Sources are the Report of the Banking Council 2010, Wikipedia and the annual financial reports of the PIC, IDC and DBSA 2010 PIC is included here for interest’s sake as discussed later. At any rate, most of these assets would be reflected in the JSE numbers where most are invested. Page 19 The PIC, with assets under management of just over R1, 032 as at their last reporting cycle, is also often cited as an additional source of capital that the State can tap into for infrastructure development. There is history to support the argument, with the Apartheid State having used regulation to force a certain amount of pension assets to be invested in government bonds, and the PIC, because of its status as a state entity at the time, investing a disproportionate share of its assets into government bonds. Soon after the ushering in of a democratic dispensation, this regulation, known as Prescribed Assets and much disliked by Pension Funds as it resulted in a significant misallocation of assets, leading to fund underperformance, was done away with. Before the abolition of Prescribed Assets, pension funds were required to invest a minimum of 30% of their funds into government bonds. Following the abolition of Prescribed Assets, bond holdings by life assurers declined to just 8% of total assets, the PIC to approximately 36% from a high of 44%, and banks at a meagre 4%, despite the price outperformance of bonds over an extended period of time. This has been put down to ‘bond shyness’ of the investor community as a result of prescribed assets. In terms of asset allocation efficient frontier, PIC’s portfolio with its very high bond holdings would be considered inefficient, especially as the high bond holdings are at the expense of diversification into other high yielding asset, classes such as property and alternative investments. There is an additional challenge with using PIC for comparatively riskier SOE infrastructure projects – by far the majority of the funds under their management belong to employee pension funds with 89% attributable to the Government Employee Pension Fund and 5% to the Unemployment Insurance Fund. The Board of Trustees of the GEPF was recently changed to include employee representative, as protests that pension member funds were being misdirected following the funding of the Elephant Consortium grew. There is a moral dilemma with the idea of the employer (The State) deploying employee pension funds to meet its policy objects, although one could argue that this is muted because the GEPF is a defined benefit fund with all risk of underperformance borne by the employer (the State). In instances where the State’s financial position was stable, deploying member funds for infrastructure funds may be defensible, but this is difficult when this fiscus is facing many demands in challenging economic times. Trustees would be well adviced to be wary – Transnet to this day is engaged in long standing battles with its pension fund members whose benefits were compromised because of the chronic underfunding of the Transnet Defined Benefit Pension Fund. Prescribed assets as a policy tool to appropriate funds for infrastructure development is therefore potentially unpalatable to government employees and quiet likely fundamentally offensive to private sector funds where the State bears no obligation for any underperformance as a result of these policy prescriptions. Despite the preceding, which seems to be a rejection of prescribed assets as a policy tool, there is a semblance of such a policy with the recent implementation of Regulation 28. The focus of this regulation was mainly focused on the introduction of Harmse, “The Relationship……..asset classes” PIC Annual Report, 2010 Page 20 new asset classes, which would allow pension funds to invest in alternative investments and infrastructure. Regulation 28 is however is considered to be unambitious, largely due to National Treasury concerns about potential negative fallout if full-on Prescribed Assets were re-introduced. Besides the general discomfort with prescribed assets, financial institutions have also expressed concerns about the role of DFIs, which in their view should only address ‘market failures’, which is what they were created for. In their view, it is highly debatable if much of the economic infrastructure which forms the bulk of the R1, 3 trillion budget can be characterised as needing DFI financing and support and if there’s any market failure in this regard. In addition, they worry that the playing field is not level, and they cite the DBSA’s relationship with the municipalities, calling into question government’s commitment to the principle of competitive neutrality. Nature of SOE SOE Pure requirement Monopoly Rigid Network 1.Capital only Commercial SOE an Chapter 9 Social SOE Flexible Competitive Institution infrastructure Network Market SOE’s 2.Capital and operational capacity 3.Limited capital requirement only Assumptions Government has very limited cap. Strategic objective of SOE’s is assumed. F. VERTICAL SEPARATION In consultations held between the PRC, Standard Bank and BUSA, general frustration was expressed that despite government’s stated commitment to attracting private sector participation, SOEs were generally not inclined to undertake PPP’s on “good” assets, preferring instead to do these deals on the poor assets or ‘dogs’. For instance, there has been intense interest by mining houses, commodity traders, banks and others to pour resources into the two export lines owned by Tansnet Freight Rail (TFR), and hardly any interest into the struggling General Freight Business (GFB) of TFR. TFR might have the opposite interest of seeing more investment in GFB, where the average age of locos is higher than that of the export lines, where the network is complex because it is shared with PRASA and where GFB is not neatly ringPage 21 fenced like the two export lines which achieve world’s best operational performances. This desire and preference by the private sector to cherry pick the best performing assets is reasonable given their mandate to maximise returns, but the reluctance of SOEs is also reasonable as this would result in them losing a key ability to crosssubside loss makers with the more profitable businesses (obviously crosssubsidisation is more palatable within a business unit, and less so across business units). Private sector participation also gets more complicated when it in fact not only wants to fund, but to also operate and careful consideration must be given to the following in order to maximise the chances of a successful PPP: a) When as asset targeted for a PPP is a monopoly, then an Economic Regulator must be in place. In fact, economic regulators should be in place for monopolies that provide so-called economic infrastructure on a ‘user pays’ basis in all instances; b) In all instances where there is more than one user of a monopoly economic infrastructure, then the private partner selected should not also be a user of that infrastructure. An egregious example of this is the RBCT coal terminal at Richards Bay, which is a privatized monopoly infrastructure owned by coal producers, Anglo American amongst others. New BEE coal producers have been uniquely unsuccessful in obtaining capacity at RBCT because they represent export competition that the owners of RBCT would rather not have, the effect of which being the BEE owners being forced to be price takers; c) Allowing the private sector to also own and operate economic infrastructure can be a very useful tool for increasing the operational efficiencies of those SOEs, and reducing costs and improving service delivery for users. This however is only possible in non-networked infrastructure such as prisons and hospitals, power generation or on flexible network infrastructure rather than rigid infrastructure. Electricity distribution and telecoms network are considered less rigid than rail infrastructure, meaning that a disruption in one part of the network can be accommodated through a rapid rebalancing of the network. A network’s flexibility is also influenced by how simple or complex it is. Page 22 Box 1: Transnet Freight Rail and Vertical Separation TFR operates and owns the country’s entire railway infrastructure, with the exception of the small portion owned by PRASA. There are over ……km of rail track spread out all over the country, with ……km of that electrified. The electrified portions of the network range in power from 3kv to 50kv (the latter being the iron ore export line). The Richards Bay coal line is a 25kv line. TFR runs different size powered electric locos on the electrified portion of the network and diesel locos on the non-electrified portion of the network. In more that a few cases, a cargo journey from inland to its port of destination is interrupted a few times in order to change to the appropriate loco for that section of rail. Thus a train journey may initially be powered by a diesel loco, only later to change a 7E loco for the next portion, and 10E for the final leg. This network means that the efficiencies of the wide gauge, single power source rail lines of the USA are impossible. More importantly, it also means that putting a lot of different operations on such a complex network will probably result in undesirable cherry picking, or operational mess! Europe holds many lessons in this regard. d) An equally important consideration is that the management of the SOE must be sophisticated in order to execute PPP’s in the best interests of the economy and society, and ensure that the PPP results in the appropriate transfer of risks from the State/SOE, and no ‘hidden’ guarantees for the private sector participants which essentially turns a PPP into a farce. The Gautrain project comes into mind. In general, PPP’s a can be a useful tool for a rapid expansion of economic & social infrastructure but must be handled with extreme care. The PRC was unable to commission an authoritative study of SA PPPs, well over 300 according to KPMG, due to resource constraints, but there’s enough anectodal evidence, including the SANRAL debacle and the decision by the cabinet to suspend PPP’s, that there’s much work to be done in this area, despite the existence of the PPP Unit at National Treasury. Assessing the Schedule 2 entities and their potential to successfully bring in the PSPs in the context of the 4 points listed above, we believe the following entities can do so: ESKOM a) Generation – yes b) Distribution – yes c) Transmission – yes Transnet a) Port Authority – no b) Port Operations – yes c) Rail Infrastructure & Operations – no Page 23 d) Pipelines – no although there’s no reason why they should enjoy a legislated monopoly ACSA/ATNS a) Airport Operations – yes b) Navigation & Safety – no, etc. G. SOUTH AFRICA’S FUNDING MODEL According to McKinsey, South Africa has yet to develop a funding model fro the development of economic and social infrastructure. In order to erase the effects of past discrimination the investment requirements run into trillions of Rands. In engagements with both National Treasury and DPE, it is clear that a model is still evolving. National Treasury for instance makes the distinction between social and economic infrastructure, within their view funding for social infrastructure coming from the fiscus, and funding for economic infrastructure being on a ‘user pays’ basis. National Treasury sees the national funding model as being a combination of taxes for social infrastructure, ‘user pays’ for economic infrastructure however defined, and guarantees for instances where an entity providing economic infrastructure faces balance sheet constrains. However SA’s small tax base and high unemployment does limit the power of these tools in the funding model, because it is in the main the same people being taxed who are also the ‘users’ paying! National Treasury also raises other issues that result in SA’s funding model being so rudimentary, namely: a) Capital budget should be limited to classic public goods and nothing else, so a rationalization of the public entities is vital; b) Poor co-ordination between national government, SOE’s, provincial and local government; c) Prioritisation of capital budget items according to an agreed set of criteria that seeks to maximize the impact of public sector spending is also absent; d) The reality of the taxes and user pays funding model having serious limitations; e) There’s little alignment between policymaking and policy instruments. There is a pleasing degree of alignment in the views of National Treasury and DPE. The latter emphasises that the State has yet to adequately articulate the SOEs strategic leverage for the State. If this analysis was done properly, not only would it be clear that the rationalisation of public entities is necessary, but it would also show that new institutional arrangements are a necessity. DPE would propose that ALL selffunding commercial entities be managed by DPE, and others, such as those requiring government funding and R&D/scientific council entities, be the exclusive responsibility of Treasury from a funding point of view (it was clear from our interaction with National Treasury that they are reluctant to take on operational responsibility for SOEs!). While the proposal is attractive from an organisational perspective, it is clear from National Treasury that it abrogates for itself all funding Page 24 issues for SOEs, and in our view for good. National Treasury, in terms of its mandate, must marshal and manage all of the liabilities of the SOE’s because they are the State’s contingent liabilities. DPE has developed and considered an impressive range of financial instruments (see Annexure), as well as different models for bringing in private equity. Some of the models are flawed – for instance the concept of public partnerships essentially transfers risks from an SOE to a DFI, both State owned, and therefore cannot be considered to be primarily a way for reducing pressure on the fiscus, or even transferring risks to the private sector. However, it is a more developed concept that starts in the right place – trying to determine the appropriate capital structure for each SOE based on the SOE’s mandate. It should be refined to also include the projected performance (financial and otherwise) of SOEs in order to avoid being too ”AS-IS”, therefore potentially understating the capital requirement. Fundamentally however, both the DPE and National Treasury, and the government in general, need to consider how the necessary capital investment can be afforded. The issue is that for the economy to thrive and for jobs to be created, there are significant macro and micro – economic challenges that need to be addressed. Foremost among these is the high cost of doing business in SA because of onerous regulatory compliance (for instance, financial institutions in this country must comply with a 156 pieces of legislation, many of which are contradictory!) , , or high administered costs and logistics costs. The rating agencies, as well as the World Bank and IMF have highlighted these issues repeatedly. This must be contrasted against the stand out feature of infrastructure development in the BRIC’s where in order to stimulate economic activity, drive development and create jobs, many of the governments of these countries subsidise a significant portion of these investments particularly if they are considered to be pure public goods such as port entrance channels and dams, as an example. This is because there is an appreciation and understanding that there is a limit to the ability of the users and private sector to pay for this type of public goods except over a very long period of time. National Treasury rightly points to the TCTA model of funding a public good. It’s instructive that the immediate “users” of the TCTA infrastructure are other public entities such as the water utilities and municipalities, and therefore in this case the limits of the ‘user pays’ principle were particularly glaring. Well, we would like to posit the view that there is an unbridgeable gap between the return requirements of the private sector, and the limits of the ‘user pays’ principle that would suggest that the mooted funding model, which relies heavily on private sector participation, is probably of limited value particularly for investment in public goods. Even if much of the R3.2 trillion in the national budget for infrastructure can be considered to be not classically pure public goods, the dilemma remains that South Africa most create as competitive advantage for itself in the global economy, and it is Analysis done by Standard Bank. Page 25 probably not a good idea to do so on the back of punishing increases in administered prices and on logistics costs. Finally, there’s been sustained pressure on SOEs to reduce their gearing even when this results in the disproportionate reliance on equity capital, which is more expensive. As an example internationally, the gearing of rail companies is in the region of 80%, while TFR’s gearing is significantly below that. This may have been perhaps appropriate in the period immediately after the start of the democratic dispensation, where social challenges were a bigger and immediate priority for the government and therefore generating surplus cash from the SOEs a necessity. This is arguably no longer the case, and with the recognition that economic infrastructure is just as crucial for the further development of SA, there is room for the SOEs to gear themselves further, perhaps not up to 80%, but considerably higher than current levels (DO THE ASSESSMENT with Merafe). To support this, government can telegraph more strongly to financial markets, its implicit backing of this debt because these SOEs are strategic. Investment in economic infrastructure is primarily designed to support the mining industry in South Africa. There are questions on whether mining houses pay a fair price for this infrastructure, and that allegations of high logistics costs are supported by evidence. Rail costs, as an example, are 23 US cents per ton km (2008/09) in SA compared to 19 cents in Brazil, 25 cents in Australia and a staggering 53 cents in Germany, but average distances travelled are much higher in SA (590kms in 2008/09) than Australia for example (290kms). In addition, more of SA’s cargo goes on road than rail (59% US. 41%), resulting in a higher transport cost for a TEU exported (US$1445) than Australia at US$1,200. Brazil, with comparable distances and modal imbalances to South Africa, the cost per export TEU is US$1,430 (McKinsey). Brazil captures considerably more rents from its natural resources than South Africa because of significant state ownership in this sector. These captured rents can then be used to fund infrastructure investments. In SA no such relationship exists, with most of the rents from mineral resources being captured by the mining houses. Recognition of this dichotomy has been behind much of the ruling party, and more recently government’s, drive to capture more of the rents from mining mineral resources. South Africa has also been less successful in recent times in beneficiation with the country being essentially a price taker of the resource it produces. Given that South Africa (with Zimbabwe) controls 100% of the world’s platinum resources, as well as a good deal of its chrome, manganese and other mineral, it seems that the success of this economy will depend not only on leveraging SOEs, but also on this glaring competitive advantage we have in these minerals that we have failed to leverage. Trade policy however is more appropriately discussed elsewhere, but why not tie access to these vital mineral resources to a level of beneficiation in-country before exporting, and banning the importation of finished products from resources that originally left SA as unrefined ore? Finally, there are some pleasing developments with regards to the taxing of mineral resources and an attempt to capture a greater share of the rents emanating from mining. Mineral resources are Impact of subsidies – McKinsey comparison of Port tariffs globally Page 26 wasting assets, and their exploitation exacts a heavy toll on the country for which the mining houses do not contribute fairly, and never have. It is however, noteworthy that most of the plans for infrastructure investments corridors are still export oriented, which seems to reinforce the colonial pattern of infrastructure development which is focused on exporting raw ore, rather than the development of new industrial centers focused on beneficiating our ore and greater regional integration. H. RECOMMENDATIONS (I) (II) (III) Given the constrains of both the deployment of taxes, the balance sheet of the large SOEs and the “user pays” approach, it is absolutely vital that government looks at rationalizing its holdings as per the recommendations of the PRC. Truly leveraging state resources means focusing on those SOEs that provide public goods in the first instance then consider exiting those sectors where market failure no longer exists and the SOE is competing generally unsuccessfully against private sector competitors. Such careful rationalization will allow the state to focus on the deployment of capital to support those SOEs providing public goods. User pays has to be balanced against the need to keep our exports and industries competitive, and to foster development in the larger society. Consider putting all commercial SOE’s under the management of one Ministry or Department so that policy making is not affected by bottom line considerations. To what extent is air travel, particularly the introduction of low cost carriers, negatively affected by the State’s need to protect the financial interests of ACSA? The implementation of this recommendation should lead to: a) Maximising the effectiveness of policy decisions for the whole economy and ensuring economic regulation of monopolies. b) Lessons learned and successfully applied in one entity are more easily applied across the various commercial entities if housed under one roof. c) It would be easier to develop a funding model of these SOEs as their strategic importance would be clear and articulated once rationalization has taken place. It would also result in some rerating of the remaining commercial SOE’s as government policy would be clear and the markets would reward that. An example is the positive re-rating of Transnet following its rationalization and focus on the 4 or 5 remaining businesses, with the reward Page 27 being Transnet’s greater ability to fund without explicit government guarantees. (iii) Government needs to develop a funding model for the funding of public infrastructure. This requires that a clear distinction be made between social and economic infrastructure so that the ‘user pays’ principle is limited, particularly for individual users. In addition, much of the sizeable investment in economic infrastructure is targeted at the mining sector, and it is only right that the mining houses pay for a significant proportion of that investment. Over and above the direct tariffs for the use of this economic infrastructure, there should also be a contribution from the proposed resources tax to infrastructure development. A combination of this ‘user pays’ approach and direct taxation of the mining sector will ensure that other general, non-mining users of this infrastructure are not faced with unreasonable hikes in their tariffs. Paradoxically, such an approach should also have the effect of reducing resistance to the proposed resource tax because the proceeds (at least some of them) will be deployed in a transparent manner for uses that would not be deemed controversial. (iv) Most of social infrastructure is funded from tax receipts, but because of backlogs as a result of apartheid social engineering, poor maintenance and planning for obsolescence, the funding requirement for this social infrastructure is significant. The challenges with this funding model seem to arise at provincial and local level where increasingly exorbitant increases for the delivery of services to individual homes is being seen. Many municipalities suffer from tenuous finances as a result of poverty, unemployment and poor collection systems, leaving them no choice but to hike service delivery costs in a bid to cover the massive investment in social infrastructure. Given the very high levels of unemployment, the relatively small proportion of the population that pays taxes (less than 400,000), there are clear limits to this policy. Given already high levels of tax rates for individuals in South Africa, with the effective rates probably over 50%, other means of funding will have to be found, including: a. finding ways to increase the debt capacity of municipalities in particular, even the metros; Page 28 b. finding ways to lengthen the duration of the debt profile of municipalities; c. centralising the delivery of services in municipalities with a view to decreasing the proportion of the budget spent on operating expenses like salaries; a bigger benefit will however be an improvement in the quality of service delivery due to the reduction of bureaucratic gridlock. (v) In addition to deploying a portion of the resource tax for the development of economic infrastructure, the shareholder should also seek to create additional capacity on the balance sheets of the SOEs by: a. Increasing the equity of the SOEs, while at the same time tolerating higher levels of gearing. This strategy would be suitable for the monopoly-type long-term economic infrastructure such as ports, rail, aspects of energy and broadband infrastructure. b. Extending the SA yield curve by issuing longer dated paper. In the latest budget, the government announced that it will issue new bonds which will extend the yield curve by 6 years to 36 years. Hopefully this presages a focused project of extending the yield curve even further in the near term, up to 50 years, so that we can approach a better match of the life of the assets being financed with the modified duration of the financing portfolio of these SOEs. While issuance at these long durations may initially be limited, there is plenty of appetite by the retirement funds for long dated assets that better match their own liabilities. Much of this demand has been met with equities and probably mainly inappropriately, so there would certainly be some switching with increasing availability of long dated paper. c. The pricing of services and retention of earnings must take into account ongoing maintenance requirements and the eventual need to replace obsolete infrastructure. It should never again be permitted that infrastructure deteriorates to the extent that it was allowed to and then scramble for capital in order to procure new infrastructure. (vi) It is still our view that economic infrastructure investment patterns generally tend to reinforce colonial and apartheid policy, where regional trade and the beneficiation of mineral was simply not a priority. This has to change, and the State of the Nation and the Budget 2012 provide a welcome glimpse of a more progressive infrastructure investment future. This will require policy changes that compel beneficiation, perhaps through limiting the export of certain mineral ores. Page 29 (vii) Numerous studies indicate that more will need to be done to expand private sector involvement in the provision of infrastructure in areas such as ICT and power generation, where there is ample appetite. A focused review of the many barriers to new entrants in the economy, due to the South African economy’s mainly oligopolistic structure in key sectors (finance, professional services, construction, mining and mining service, etc.), with a view of eliminating such barriers for increased direct foreign investment, as well as the creation of new SMMEs, the backbone of any successful, growing economy! B.VIABILITY Much of the recent discussion on the role of SOEs in developing the South African state and in creating jobs has, as an inherent assumption, that SOEs are appropriate vehicles for delivering on these objectives. Economic theory, discussed in detail elsewhere in this interim report, outlines the various rationales for state involvement in the economy. In brief, justification in state involvement in economic activity is generally on the basis that there exists a natural monopoly, capital market failure, externalities (the public goods argument) or there is a need to achieve equity.1 The analysis of viability in the SOE context will take account of the accepted rationales for state involvement, but will also evaluate the facts of SOE performance in the South African context. Primarily, the PRC has been concerned with evaluating the viability of SOEs by asking the following questions: 1) Is the SOE financially viable using the appropriate financial measures for each SOE? Much of this analysis will be based on the database developed by KPMG, however inadequate for the purpose. 2) Are these SOEs meeting the mandate for which they were created? Is the mandate of the SOE aligned to the State’s developmental objectives? 3) The landscape in which the SOEs operate. Is it possible for an SOE that finds itself in a highly competitive environment to viably meet the State’s developmental objectives? A good example in this regard is Telkom. 4) If the SOE’s mandate is aligned with the State’s developmental objectives, are other objectives, such as profitability targets, leading it to not providing basic services cost effectively, which in our definition of viability would mean that the SOE is possibly not viable? In general, viability in this context is a measure of how well a State Owned Entity delivers on its development objectives. This definition of viability takes into account the fact that in some State Owned Entities, viability, will have a bottom-line orientation, while in other entities, other attributes will be of equal or even more 1 Ha-Joon Chang, ‘State Owned Enterprise Reform’, 2007 Page 30 importance in determining viability. Much of the analysis in this section will depend extensively on the work done by PwC using the balanced scorecard methodology. a. Background In much of the discussion that takes place with regards to the role the State Owned Enterprises can play in driving the development agenda generally, and the objectives of the New Growth Path, specifically job creation, the question of whether or not the State is the appropriate vehicle to achieve these objectives is assumed. The assumption is that there has been some sort of market failure2 that requires government intervention to rectify. This may very well be the case, but there are many others who argue that the lack of job growth is South Africa is more symptomatic of policy failures, poor skills profile in South Africa, and pervasive barriers to entry that have discouraged entrepreneurship – BUSA amongst others have made this argument. Moody’s Investor Services, in its report from which the beginning of this document quotes extensively, identifies ‘intractable constraints’ as the reason for the position South Africa finds itself in. In the section of the report titled “Prospects for a ‘New Growth Path’”, these are listed as ‘profound education and skills shortages, labour market rigidities, inefficient and often corrupt bureaucracy, infrastructure shortages, [and] crime”. These observations have been made elsewhere. The ANC NEC sub-committee that reviewed the Schedule 2 SOEs identified the following challenges: i. ii. iii. iv. v. vi. vii. Massive under-investment in infrastructure; A complex regulatory and policy framework; Balancing low prices with sustainable investment and security of supply; Diversifying sources of funding; Policy uncertainty hampering the infrastructure investment program; Rising levels of corruption; and High salaries of SOE management have not equaled best talent. In the context of this review, the evaluation of the State’s role in the economy through the SOEs, and the use of these SOEs to achieve developmental objectives, orthodox economic theory have fixed views. However, it is clear that the State can successfully steward parts of the economy for two purposes, namely to address real instances of market failure, and to create the conditions that would make it possible for the private sector to drive development. However, Capobianco and Christiansen (2011) argue that this should be done in such a way that the State does not, through its policies, give SOEs an unfair advantage. Many countries have identified this as the insidious effect of government policy that is too concentrated on SOEs, with many of these countries introducing policies to ensure this ‘competitive neutrality’. Australia 2 Market failure in this context would be a refusal by the private sector to invest in job creating activities because of a perceived high risk relative to reward. Page 31 defines “competitive neutrality [as] requiring that government business activities should not enjoy net competitive advantages over their public sector ownership”3. Others have argued that successful developmental economies are those that recognize that their policies and strategies should be ‘comparative-advantagefollowing’ (CAF) rather than ‘comparative-advantage-defying’ (CAD) (Lin, Justin Yifu, ‘Economic Development and Transition: Thought, Strategy and Viability’, 2009). At the heart of Lin’s argument is that ‘the fundamental determinant of development is not natural resources or capital investment, but the choice of institutions, which depends heavily on the government’s development strategy’. While this is very much in line with the thinking adopted by many heterodox economists on developments, the nuance in Lin’s argument, which seems to be appearing more increasingly in development economics, is that developmental economies that succeed take into account the particular vicissitudes of their own economies – its opportunities and weaknesses. What is also emerging in the evolving discourse on developmental economics is the recognition that the conditions that prevailed in the 60s through to the 80s that facilitated the rapid development of the economies of the Far East are changing. Peter B. Evans for example suggests that ‘…21st century development will depend on generating intangible assets (ideas, skills, and networks) rather than on stimulating investment in machinery and physical assets oriented to the production of tangible goods. This makes investment in human capabilities (which include what is traditionally known as “human capital”) more economically critical. At the same time, new development theories assume that economic growth depends on political institutions and the capacity to set collective goals (Evans, Peter B.’ ‘In Search of the 21st Century Developmental State’). In the context of the South African developmental state, strategic priorities have to take into accounts these new imperatives. While it remains true that even the most liberal economies are planned, albeit at a micro-level, ‘..and therefore the question is not whether you plan or not. It is about planning the right things at the right levels’ (Chang, Ha-Joon, ‘23 Things they don’t tell you about Capitalism’, 2011). Another development worth noting in discussing South Africa’s developmental agenda is the global shift from manufacturing being the predominant creator of jobs to jobs being created predominantly in the service sector. Contrary to popular belief, this is not a phenomenon afflicting poorly managed developed economies as the argument goes, who have neglected to invest in their manufacturing sectors. Surprisingly, this is a phenomenon that has already spread to the poster economies for developmental economies such as China and Brazil. In Brazil, job creation by the manufacturing sector peaked in the late 1990’s, and the majority of jobs are now created in the service sector, a phenomenon familiar to South Africans, where the service sector became the predominant driver of jobs growth since the 1990s. In fact, this is well reflected in the falling number of jobs in the SOEs as depicted in the table below. The implications of this, which will also be familiar to South Africans, is ‘for most workers, the current shift from employment in manufacturing to service sector jobs lacks the promise of the earlier shift from agriculture to industry. 3 Copobianco and Christiansen, May 2011 Page 32 Schedule 2 Employment Data: 2006 - 2010 Year Labour# Rev./Employee 2006 160 998 976 876 2007 158 583 1 072 579 2008 160 564 1 239 963 2009 151 526 1 377 252 2010 150 359 1 422 394 Change in Productivity 8,92% 13,50% 9,97% 3,17% A narrative built around the shift from an industrial to a service economy seems likely to be marked, not by the creation of a new, relatively affluent working class, but by expanding inequality and stagnating wages for the majority of workers’ (Evans). What this suggests is that strategies for fostering the developmental state in South Africa must recognize that as important as investment in basic infrastructure will be in achieving those objectives, of even more importance is likely to be the investment into human capital through education, and health. Ironically, education and health are classic public goods that the private sector is unlikely to invest in because they are unable to fully capture the returns in those investments, meaning that the State’s role looms large in developing human capability. The preceding is not a rejection of the classic 20th century model of the developmental state, but a review of the literature suggests that it will be inadequate without an equally ambitious program of investment in human capability. A recent report by the World Bank4 has identified the low savings rate in South Africa as being a key constraint in achieving South Africa’s key developmental objectives. This observation is not new – it is identified as such in the Accelerated and Shared Growth Initiative for SA (Asgi-SA), and in the New Growth Path. It is of vital importance because if it is not addressed in the long term, it can set severe limits on the transformation of the South African economy, and render the State’s ambitious infrastructure investment goals unattainable. There is plenty of evidence that the most successful developmental states have savings rates well north of 30% of gross national product. South Africa’s savings rate of around 16% does not compare favourably, when in fact its ratio of young people to the total population should position South Africa well for a growing savings rate. Sadly, it is the very high unemployment of these young people that is capping South Africa’s savings rate at levels that will limit its developmental potential. Savings are important in the South African context because a range of issues are limiting access to international capital that would supplement the country’s low savings rate. Specifically, the short term nature of the capital flowing to South Africa to purchase mainly bonds and equities, as opposed to long term capital such as foreign direct investment (FDI) means that it is not a reliable source of capital for investment in the required long term infrastructure. This highlights the limits of the strategy of accessing private sector capital for investment – eventually, this savings ceiling will impact the extent to which ‘South Africa Economic Update – Focus on Savings, Investment and Inclusive Growth’, Issue 1, The World Bank Group Africa Region Poverty Reduction and Economic Management, July 2011. 4 Page 33 these types of investments can be made. Toward a Virtuous Cycle for Inclusive Growth Higher savings and investment Inclusive Growth Higher employment intensity of production Higher productivity The World Bank report identifies a ‘virtuous cycle for inclusive growth’, illustrated above, which starts with more production coming from labour employment intensity, which in turn leads to higher labour productivity because of improved skills, and which in turn would lead to a higher savings rate. The jobless growth that has characterised the South African economy in most of the last 15 years has kept this virtuous cycle of inclusive growth elusive. Instead, ‘a suboptimal equilibrium of low rates of savings and investment-low employment intensity of production-slow productivity growth has emerged in South Africa….undermining the quest for inclusive growth’ (World Bank Report). Despite evidence of high investment returns (see table below) in South Africa across a range of industrial sectors, investment, especially in ‘employment intense productive capacity’ has been very low. Real returns to capital in SA SECTOR Construction Trade Manufacturing Agriculture Finance Mining Transport 1993-1999 2000-2010 65% 40% 17% 22% 10% 8% 5% 85% 60% 25% 25% 20% 16% 10% Source: World Bank Report The World Bank report identifies several reasons for this, namely: i. Weak industrial competition in South Africa compared to its peers, due mainly to barriers to entry that prevent new entrants pursuing the high Page 34 investment returns as described above; ii. Poor skills development at all levels, from basic education to higher and technical education levels. SA ranks third from the bottom in terms of quality of Maths and Science education. iii. Contentious labour relations, with bargaining in this country that conflates economic as well as political issues. SA ranks 132 out of 137 countries in the Labour Relations Index. International investors as a result are not keen on long term investments (FDI) in South Africa despite the high returns; iv. Low savings rates. The World Bank points out that between 1980 and 2008, only nine countries in the world achieved growth rates greater than 6%, the target South Africa has set itself in order to create 5 million jobs. All of them had minimum savings rates of 25%, which is substantially above the 16% that South Africa averaged between 2006 and 2010. SA savings peaked in 1980 at 35%. Savings come from households, corporates and government, and evidence shows that the biggest dis-saving has been by households. The only way to fix this cycle is to increase employment of the youth, and in addition to this, to increase productivity. Investment in job creations needs to be accompanied by improved total factor productivity5 for it to be sustainable. So why is any of the preceding important? It is clear that any assessment of the role of the SOEs in advancing the developmental agenda must consider that given the myriad challenges and contraints, is the State allocating resources efficiently? Are the results of its investments leading to inclusive growth? Is the State creating the conditions that are necessary for inclusive growth in the way in which it deploys its resources? b. Assessment of Viability The report by PwC has assessed a sample of the SOEs to test whether, along 12 identified themes, the SOEs pass the viability test. This is done using the methodology of the balanced scorecard, and the results are discussed elsewhere in the document. What we wish to highlight here is what is emerging from this analysis. i. ii. iii. iv. v. Tension between funding capacity and tariffs Fragmentation, proliferation in the sector Inclusiveness of infrastructure investment Limits of state role in contested sectors (example Telkom) Alignment to the developmental state Elsewhere in this report, there is detailed discussion on the justification for the existence of SOEs as detailed in the report by Ha-Joon. It is clear from this analysis that there is little strategic justification for much of the State’s participation in the 5 Improvements in human capital (quantity and quality) and technological innovation result in increasing productivity. Without these conditions being met, investment will always lead to diminishing returns. Page 35 economy, with the exception of a small number of areas. While further research is required in this regard, it is clear that since 1994 while the number of large SOEs has declined, and the competition they face increased, the increase in the number of Provinces and local authorities has led to a proliferation of SOEs at these tiers of government. The bulk of these tiers were designed to improve service delivery, with very poor results in most instances. Some were designed to address funding shortages by being set up to attract private sector capital. Some were created as a result of constitutional requirements. Some were created to address perceived market failures, with the SETA’s being a good example of this. While most of the proliferation of SOEs has been at local and provincial level, there has also been proliferation at national level – a good example of this is the creation of SITA in order to centralize the purchase and management of the IT needs of national government for the purpose of increasing interoperability of systems, and to save costs. The most obvious risk of this kind of proliferation is that it becomes nearly impossible for the shareholder to manage these assets. In a country with limited skills, the ability to find the appropriate management for these SOEs is also a major problem, compounding the problem of shareholder oversight. A less obvious problem is also that SOEs created to address temporary or short term problems take on a life of their own, where decision-making is designed to protect the interests of the management of that SOE, even when it has become clear that the decisions of that SOE may not be aligned with the broader policy objectives of the State. The most interesting example in this regard is SANRAL. Originally conceived to creatively look for solutions in the development and maintenance of the major national roads in the country through partnering with the private sector, it’s beginning to be apparent that it’s decisions, which are legitimate within its narrow mandate, may not be in the interests of the country. In a country where public transport is poor, and too much cargo moves on roads and not enough on the struggling rail system, does the continued drive to build more national roads (such as the Wild Coast toll road that nobody wants) represent the most efficient allocation of resources? In other words, is it ‘inclusive’ in the context of the discussion earlier? However, this result should not be surprising – now that SANRAL exists, until its mandate is changed it will continue to build roads in areas where the private sector investor can maximize its returns, and not consider other more efficient ways of ‘moving South Africa’. There has been a perverse outcome as a result of the creation of these entities – the decentralization of policy, and possibly the inefficient allocation of resources. Another observation that can be made as a result of this As-Is analysis is the conflict the State faces when it competes in a sector that is well serviced by the private sector. An excellent example of this is in telecommunications. With the issue of the discussion paper on the unbundling of the local loop, it is now abundantly clear that for Telkom, state ownership is a disadvantage. There is plenty of evidence that SOEs anywhere in the world have responsibilities that the private sector does not, including the responsibility of supporting the maintenance of employment even when it puts the SOE at a competitive disadvantage because it is forced to maintain a higher cost base. Telkom’s tariffs are consistently higher because it is estimated that it may have as many as 5000 to 10,000 too many employees. In a sector where the SOE has no Page 36 competition, it can sustain a higher cost base. Where it has certain protections from competition, such as Telkom’s monopoly in the ‘last mile’, it can perhaps sustain a higher cost base. Where an SOE ceases to have any advantage, as is it about to be the case with Telkom with the unbundling of the local loop, but faces stiff competition, continued state ownership can constitute an insurmountable disadvantage for the SOE. The issue of funding concerns all SOEs, including the large schedule 2 enterprises. This is variously evidenced as concerns about on balance sheet debt, or the limits of tariff increases to fund the investment requirements. In this context, the discussion on the low savings rate is instructive. The country’s low savings rate represents a ceiling to the extent of investment that the economy can undertake. Page 37 Page 38