Firm to manage state shareholdings

By Thushara Matthias
The government plans to set up a holding company to manage shareholdings in state-owned companies with the aim of improving productivity in these organisations and getting the maximum return on government investments.

The proposed holding company, to be modelled on the lines of Singapore's Temasek Holdings, will also work to improve corporate governance and implement the code of best practice in corporate governance for public enterprises, Treasury officials said.

Among the key benefits of such a move would be to give companies under it more flexibility and freedom as well as minimize the present political and bureaucratic interference in these organizations.

The idea of implementing the holding company concept in Sri Lanka was mooted by Prime Minister Ranil Wickremesinghe.

Temasek Holdings Singapore is the investment holding arm of the Singapore government. Many of its companies are listed in the Singapore Stock Exchange and include DBS Bank, Keppel Corporation, Singapore Airlines, and Singapore Telecom.
These companies account for nearly 60 percent of the Gross Domestic Product of Singapore and 21 percent of the market capitalisation of the Singapore Stock Exchange. Treasury officials said that at present, the investments in government-owned companies were not considered satisfactory.

The move to create such a holding company comes in the wake of growing concern among investors that government appointed directors represented on the boards of these companies were adopting a "disinterested" attitude, despite enjoying the perks that go with such positions, and were not doing enough to protect the interests of investors.

The holding company will initially hold and manage government shareholdings in state-owned companies and thereafter others. This includes two state banks, two statutory boards and 10 commercial public enterprises.

It could even appoint new boards of directors although the Treasury does not intend to touch those institutions that are undergoing restructuring or being privatised at the moment.

The establishment of the holding company is the one of the main tasks of the Corporate Governance Unit established under the Public Enterprise Division of the Treasury.

This unit, which was established on December 16, 2002, was set up as a separate section to deal with corporate governance. It is tasked with the implementation of a code of best practice for corporate governance.

The implementation of this code will be done in a staggered manner. The first step will be to identify the institutions in which the code will be implemented. Then, a Corporate Charter and a Citizen Charter will be drawn up, followed by the appointment of a board of directors and the holding of the annual general meeting.

Targets will be identified and a strategic plan drawn up. The companies' performance will be closely evaluated and penalties imposed for non-performance, the Treasury officials said.

The Public Finance Act is also being been redrafted. The Public Enterprise Division would conduct seven awareness programmes at provincial level. This is with the view of getting the ideas of public servants, NGOs, and other organizations. Each programme would consist of nearly one hundred participants.

The act, when passed by parliament, would make the legal enforcement part of the holding company steady and sound, officials said. At present the "final touches" are being given to the new act. Both the code of best practices and the holding company procedures will be adopted simultaneou sly. The memorandum and articles of the company are being drafted with the help of the AG's Department.

SEC insider dealing probe reaches critical stage

The Securities and Exchange Commission probe into insider dealing allegations against its own chairman, Michael Mack, and other ex-directors of Aitken Spence has reached a critical stage with the Attorney General's ruling expected to be the final word in the matter.

"I have asked the SEC to get the Attorney General's opinion as he is the principal legal officer of the state," Finance Minister K. N. Choksy said. "They (SEC) will have to abide by his opinion."

The AG's opinion was sought on the "second opinion" given by a so-called two-man independent panel, which reportedly cleared the accused of any wrongdoing. This panel reviewed the SEC's investigation into the sale of Aitken Spence shares in May and June this year by the three former directors of the company and their relatives following advice from the AG's Department that

there was a prima facie case against the accused.

Legal sources have described as "unprecedented" the market watchdog's decision to seek a second opinion on the advice of the AG's Department in the probe. This second opinion was sought and the SEC investigation halted just as it was about to issue notice of action against the accused.

The decision was taken by the Commissioners and the SEC Secretariat was unaware of the basis on which the two-man panel was selected. It has been unable to reveal any information because of a gag imposed by the Commissioners. It is also unclear who will meet the cost of hiring the independent panel. Legal sources said the proper procedure would have been to proceed with the notice of action and for the accused to have responded with their explanations. Very little official information has been released on the investigation and details about the probe have reached the public largely through leaks by sources connected to one side or the other. Allegations have been levelled against the SEC Secretariat that it did not conduct its probe properly. Allegations have also been made against the SEC Commissioners of conflicts of interests and that their move to seek a "second opinion" was unusual and unprecedented. The two-man team, which reviewed the SEC's investigation, has itself been accused of being partial towards the accused.

The gag on SEC director general Dr. Dayanath Jayasuriya and allegations against the SEC Secretariat prompted him to submit his resignation to Finance Minister K.N. Choksy. Speculation has it that Jayasuriya's resignation was not accepted because of the fear that he could reveal details of the probe if he is no longer with the SEC and free of the gag. The AG last week received submissions from the SEC about the report of the independent panel, which gave the "second opinion", as well as counsel for the accused, Romesh de Silva, PC.

Ratan Tata here next month
Ratan Tata, chairman of Indias biggest conglomerate, the Tata group and a respected figure in world business, is visiting Sri Lanka next month on a business trip, according to BOI chairman Arjunna Mahendran. He did not have details of the visit. Informed sources said he is expected to discuss the groups current interests in Sri Lanka like the Taj Hotels, Tata Teas stakein Watawala Plantations and Barista Coffee which recently opened an outlet in Colombo. The Tata group chief is also expected to meet the Prime Minister, ministers and key members of the business community.

Big Pramuka share-holders in revival effort

Units of Janashakthi Insurance Company Ltd are exploring the possibility of reviving the failed Pramuka Savings and Development Bank (PSDB) if the Central Bank grants approval.

Janashakthi is the largest shareholder of Pramuka, holding 13.5 percent in the name of the National Insurance Corporation (NIC), which it acquired last year, and Acland Holdings Ltd.

"We are working out a suitable plan of action to safeguard the interests of both shareholders and depositors," a group spokesman said. "We have the support of some of the other major shareholders and the Depositors' Association. It is a collective effort."

Senior officials of these companies are scheduled to meet Central Bank officials on Monday for talks on measures to revive Pramuka. The spokesman said the initiative was at a "preliminary stage" and would depend on whether the Central Bank was ready to consider a new approach.

The Central Bank decided to liquidate Pramuka last month after its investigations into the bank's finances revealed serious irregularities and fraud. Former Pramuka Bank chairman Rohan Perera, who reportedly fled abroad, is now being hunted by Interpol on the request of the CID.

Economy growing but concerns rise over COL

Sri Lanka's economy is seen growing by five to six percent this year, up sharply from a projected three percent last year but serious questions are being raised by the business community over inaction by the government on rising prices and fears of JVP disruption in the private sector this year.

This year's improved growth patterns are essentially seen as a country bouncing back from a bad year in 2001. "What we need is consistent growth instead of an economy that keeps bouncing back from a bad year like a yo-yo. We need to sustain a five percent growth rate over a prolonged period," a top economist noted.

Tourism is expected to gain this year; so is the paddy sector where a bountiful rice harvest is expected for both Maha and Yala because of sufficient rains. But private sector investment continues to be slow and is unlikely to gain this year as the business community continues to show its reluctance to be moved positively by the peace process.

"The uncertainty still continues. There is also a reluctance to invest due to the uneasy cohabitation between the president and the government. Most people are waiting for the actual peace to happen," said a business analyst close to the government. That may take a while as some political analysts believe the peace process may extend up to even 2005 before a workable solution is reached that is satisfactory to all concerned sides.

The rising cost of living is growing to be a major issue with key figures in the business community worried that the government is not adequately tackling this issue while the JVP takes advantage of state inaction and is gearing itself for a major protest campaign across the island. "They can make great strides if the government doesn't bring down COL to some comfort levels. It could also jeopardize the peace process because southern support for the process could get affected," added a political analyst.

Pro-peace campaigners in the private sector also concurred on this point, noting that the two ministers chiefly involved in driving economic reforms were more preoccupied with the peace process. "Ministers G.L. Peiris and Milinda Moragoda are constantly abroad and would be much more involved overseas in the next few months. What happened then to economic reforms?" asked the business analyst.

Industrial closures are increasingly taking place going by parate advertisements in newspapers. The closures are taking place simultaneously with growth. Hemaka Amarasuriya, chairman Singer group, says he is concerned about the manufacturing sector which is failing with the many closures expected. "We are turning into a nation of shopkeepers. Many manufacturers are moving into trading which is more lucrative," he said, adding that they were negotiating with the government to reduce budget tariffs on imported TV components.

The Public Enterprises Reforms Commission (PERC) is also facing a minor crisis with senior directors quitting at the same time as PERC chairman Dr P.B. Jayasundera sent in his resignation earlier this month. Questions are being raised about the bus privatization and its "swift" approval by the state while the CWE privatization is also not without hiccups.

Car market dealers and supermarkets owners say they are concerned about the impact of rising costs of living on their business, which the JVP is taking advantage of to woo the masses. "Economic activity is improving but cost of living and cost of power are hurting revenues and raising costs," said a supermarket official.

Analysts also say the government, with pressure mounting on prices and demand for relief, may find it difficult to conform to rigid IMF targets on the budget deficit and expenditure cuts. - The Business Editor

Qatar doubles flights to Colombo

Qatar Airways is planning to double its weekly schedule between Doha and Colombo to 14 flights from seven, airline sources said.

They said that the Doha-based airline, which announced an increase in its weekly schedule to seven from January against five earlier, is now planning to raise it further by an additional seven flights per week, aimed at catering to the growing number of Sri Lankans going to Doha and back for employment.


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