Restoring the SEC's credibility

The appointment of Denis Perera as the new chairman of the markets watchdog, the Securities and Exchange Commission, appears to be a good choice. He is likely to require all the skills he has acquired as a general, diplomat and company chairman to maintain the right balance between his position as non-executive chairman of the SEC and the SEC Secretariat which has the executive powers to probe irregularities in the financial markets, as well as maintain discipline and proper conduct on the part of the other commissioners.

Perera has the tough job of heading the SEC at a time when its public image has been battered and it has to regain the lost confidence of investors, particularly those small investors who look upon the authorities to provide them the protection against the big sharks known to roam the turbulent waters of the financial markets. It is the millions of small investors who will eventually have to provide the required depth to the markets and whose investments in shares and other instruments will make this island a true share owning democracy.

These people are unlikely to take the risk of investing their hard-earned money in shares if they do not have faith in the institutions that are supposed to protect their interests, ensure the orderly conduct of the market and crack down on irregularities. They will no doubt be heartened by the enhanced powers given to the SEC under the new amendments to the SEC Act. Although the stock broking community has opposed many of the amendments and enhanced powers of the SEC Secretariat, saying that they are too wide and intrusive, the fact remains that the government thought it fit to go ahead with the move which is also a way of reassuring the investing public.

Perera's last position in the corporate world was a non-executive one, unlike his predecessors as well as fellow commissioners many of whom were and are powerful figures in the island's tiny business community and held and enjoyed executive positions. Perhaps it was the perks and privileges some of these gentlemen enjoyed that made it difficult for them to maintain the impartiality and aloofness required of them in their role as members of the watchdog organisation and made them act as if the market was their private preserve.

The decision to appoint Perera as the SEC chairman and to advertise the post of director general of the SEC also means that at least for the time being the government has decided to maintain the two as separate positions, despite the complications that could arise as demonstrated by the insider dealing fiasco. The two jobs are combined and the positions held by the same person in many other jurisdictions. The establishment of a Financial Services Authority under which organisations like the SEC would come might be an appropriate time for the government and the markets to rethink their positions on this issue and make any necessary changes.

Investors still remain concerned about the conflict of interest involving those commissioners who insist on remaining as members of the commission while publicly disagreeing with its decision to prosecute the former SEC chairman Michael Mack. There have been calls for the resignation or removal of those commissioners such as Cubby Wijetunge, who have openly challenged the Attorney General's Department's opinion on the issue and the SEC decision to prosecute Mack.

Another concern is that the gag imposed on members of the SEC Secretariat remains in place despite that fact that the modern business world is moving into a more transparent era, driven by the corporate scandals that have shattered investor confidence in more mature and developed markets.

Sale or reform of Insurance Corp?

By D. B. Nihalsingha
The privatization of the Insurance Corporation of Sri Lanka Ltd (ICSL) has been announced by the government. Why a profitable state enterprise with a substantial Rs. 10 billion Life Fund, significant investments amounting to Rs. 18 billion, surviving as it does against seven better endowed competitors and still retaining 50 percent market share after 23 years of aggressive competition should be privatized along with its substantial assets, has not been explained. What purpose will it serve? Who will benefit? Most importantly, why should it be done at all? Why not reform as an alternative to disposal? Is it simply a case of the government needing more money for its Treasury, thus needing to sell off the family silver? Or is it yet another case of caving in to international pressure?

President Chandrika Kumaratunga's recent Independence Day message stated: "We have failed in the essential task of nation building…we have failed to build on our strengths and evolve into a modern, independent pluralistic nation…...the failure to address [the conflict] in the past years has metamorphosed [into] the most brutal and destructive [war] this generation has experienced." This is an indictment on all governments which have been unable to end a devastating, wanton, purposeless civil war which has displaced a million people, with an economic cost to the country between 1983 and 1996 of some $4.2 billion (or Rs. 403,200 million), which has eroded most if not all past gains in education and health, robbed the country of its prospects of progress, and has bled it so profusely that its coffers are dry. It's a country on its knees, on the brink of a failed state. Such a country will have few choices in finding funding to fill up the government coffers.

Privatization of state ventures, plodding along thus far, is once again being prodded into action, with several state enterprises targeted to be sold off. The upcoming privatization of the Insurance Corporation of Sri Lanka Limited (ICSL) possibly is in this context.

Because privatization rhetoric has drowned out deeper evaluation of 'government in business', this article proposes to restate the basis of state enterprise and examine alongside the very special features of the ICSL - attributes which are unique to it and which makes it not a merely a state business venture but an organization on national scale besides being a unique reservoir of consumer experience, embedded with a public purpose as well as an enterprise one. Thus, if that enterprise is found to be wanting, what is the deficiency which cannot be remedied by reform and for which the only solution is disposal?

Why should "business of government include government businesses"? The factors are manifold: most governments all over world, including developed and developing have been involved in economic enterprise and intervention. Without such involvement, economic development would have languished, the massive investments in contexts where capital was lacking, could never have taken place. For example, in the United States as in Australia and Canada, railways which formed the backbone of early infrastructure, was government backed. In many countries of Asia, particularly in Singapore, Taiwan, Korea and Malaysia, government involvement in and backing of enterprises was the backbone of growth. (A government enterprise well known to Sri Lankans would no doubt be Singapore Airlines). Less well known successful state enterprises abound in East Asia.

The post-independent period in Sri Lanka did not have a vibrant private sector with significant entrepreneurial initiative. Without considerable government involvement, the entire development push would have been sluggish. The pursuit of profit, which Alan Greenspan described as a "natural inclination of humanity" certainly did not trigger a resurgence of capitalism in Sri Lanka.

There were other factors besides lack of entrepreneurial flair: the Soviet propaganda of socialism as fantastically successful on the basis of bogus statistics of industrial production projected an utopia which mesmerized Sri Lankan leaders along with the influence of Fabian socialist ideals; the Indian influence of Nehru proclaiming heavy industry being "Temples of modern India". These and many other factors no doubt played major roles.

In its heyday, state enterprises came to involve some 29 % of the economy. Once set up, no government rolled back the enterprises so set up until 1977. Still the government which proclaimed that roll back did not commence the process until 1983. Even then, the initiatives were slow, cumbersome and ponderous. Where privatization took place, there were serious doubts about its transparency. Ironically, it was left to the government of 1994 to carry on the privatization with greater vigour than the proponents of it.

The wide gap between precept of privatization and the sluggish practice of it had some reason. Perhaps governments were sensitive to the close rapport between Sri Lankans and state enterprises and the close links with the day to day lives of the people through their wide spread branch networks, whether they be in the form of Bank of Ceylon or People’s Bank, or the widespread penetration of the insurance scene by the ICSL or by the Building Materials Corporation. As W.D. Lakshman in Dilemmas of Development, 1997, put it, "There is an opinion that public enterprises are necessary in some areas of the economy… There was a long tradition of public enterprises in the country. Even after about a decade long privatization programme, proposals to privatize still generate popular antagonism."

Thus, once set up state enterprises came to be deeply ingrained in the lives of the people. They came to fulfill the twin role of performing a societal function along side its business function. President Roosevelt famously put it when launching the Tennessee Valley Authority: "a corporation clothed with the power of government but possessed of the flexibility of a private enterprise." Professor Ramanadham in The Nature of Public Enterprise, 1984, recognized and stressed the twin public and enterprise aspects as essential characteristics of state enterprise. The enterprise trait, the striving for profit, is an attribute shared with private enterprise. Concurrently, there is also a public characteristic that denotes societal objectives that goes beyond profit.

The public sector is therefore a part of the community structure and societal culture. In this role, governments of most countries, the developed and the developing, have used public enterprises "as an instrument of public policy in the process of their natural development. Their role in the promotion development strategy is critical to national development." (United Nations Seminar, New Delhi, 1989).

While it is the existence of the two traits of the "public" purpose and the "enterprise" element that gives state enterprise a special character, they are also the source of the problems which are often associated with state enterprise: their alleged lack of efficacy, inefficiency, waste and deficiency of purpose. Galal in Public Enterprise, 9(2)1989, summarized these as : the consequence which arise from the inevitable "clash" of the two objectives of social purpose and enterprise (profit); "The plurality of principals" - the existence of a number of entities to whom the enterprises have to report to; the inability to attract and retain skilled managers; being subject to political meddling, and being used for patronage and as employment sources for politicians supporters.

How they perform
Powerful players in the financial scene, the World Bank and the IMF applied private sector standard of profit in evaluating state sector enterprise and then proceed to judge state sector enterprises that do not meet this criteria as failures. In a World Bank commissioned study, Improving State Enterprise Performance, 1995, Muir and Saba held that "underlying trends of state owned enterprise performance have been largely disappointing…the profitability…was substantially lower than returns for comparative private sector firms." These finding relate to UK, China, Egypt, Turkey, India, New Zealand, Mexico, and Argentina.

This results in (typical) views held in some quarters, as in the study by the United Nations reproduced in Public Enterprise, 6 (3), 1985, that "state enterprises tend to degenerate into bureaucratic inefficiency and inertia. In many countries they are viewed as residual employers and are frequently over manned. Political patronage rather than efficiency considerations often determine appointments." Because of these views, state sector enterprises have been subject to attack as being inefficient, wasteful, incompetent, ineffective and so on. It is evident that a large number of public enterprises, ICSL included, have been wastefully and inefficiently managed in the past, traits which are not absent in the private sector.

Because of the alleged deficiencies of state enterprises, and World Bank/IMF pressure, governments followed the example of Margaret Thatcher of Britain in the 1980's and began to divest state enterprises. The roll back of the state and state enterprise as a part of that process was egged on by world financial institutions which makes up the 'Washington Consensus', pushing privatization, liberalization and free markets as essential tripods of economic development. The mantra has been used in emerging economies as well as in Sri Lanka as a precondition to life sustaining, continuing standby loans of the IMF. Such divestiture has become extensive.

However, though state enterprises have been greatly reduced, they continue to be significant in the developing world as well as in Sri Lanka.

A study by Galal, et al in a World Bank publication, Welfare of Selling Public Enterprises, 1994, found that the large and growing body of literature on public-private differences relating to large scale enterprises "gives surprisingly little support to the conventional wisdom that private enterprises generally produce more efficiently than public enterprises." Previously, Jones and Papanek in Government and Public Enterpise, 1983, had pointed out "accounting losses are highly superficial and misleading indicator of public sector efficiency", suggesting that this is one factor which leads to "allusions of inefficiency." According to them the difficulties in evaluation lie in the immediate problem that the private sector criterion of profit does not apply for many reasons, such as subsidies, lower cost inputs, prices which are not profit inclusive. This results in the profit factor, if at all present, not relating to the private sector criterion. In any event, the social objectives impinge on any calculations of profit (if they occur at all) to the extent that "…Accounting profits do not reflect social costs and benefits." (Jones and Papanek).

The difficult outcomes relating to state enterprise performance apart, all or most of which are lost on the IMF and the World Bank, there is also a fundamental question of whether the state sector enterprises should be run on purely commercial lines, thus negating its purpose. Rainey in Understanding and Managing Public Organizations, 1997, stressed that "A purely economic rationale for government [enterprise], ignores the many political and social justifications for government enterprise".

The attempt to measure the enterprise aspect of a state enterprise, in the ICSL case for example, results in a partial, if not distorted, quantitative evaluation of the performance in a context where it was never meant to be so evaluated without the other societal aspects being assessed as well.

(This is the first part of a two-part series on privatising the Insurance Corporation.)

Making the best investments

By Mangala Perera
When you invest, you are trying to increase your income, build the value of assets, or both. It is never too soon to start thinking about investing and you don't have to be wealthy to be an investor. There are basic investment categories: Shares, bonds and others (Cash, gold, real estate etc). Selecting the best investments depends on your financial goals and general market conditions in each case, the right investment is a balance of three things: liquidity, safety and return.

Liquidity
If your investment money must be available to cover financial emergencies, you'll be concerned about liquidity, or how easily it can be converted to cash. Money market funds and savings accounts are very liquid. But if you're investing for longer-term goals, liquidity is not much of an issue.

Safety
When it comes to investing, trying to weigh risks and return which may seem like throwing darts when blindfolded. Investors don't know the actual return that securities may yield, or the ups and downs that will occur along the way. To many people, the biggest risk is losing money, so they look for investments they consider safe and usually that means putting money in government treasury bonds.

The opposite but equally important risk is that the safest investments such as government treasury bonds may not provide enough growth or income to offset the impact of inflation.

Return
How the returns will be achieved - for example, is it through capital gains, dividend or interest payments? When the returns will be achieved - are they regular and predictable or are they long-term, etc? What is the required rate of return? An investment should be made if the expected return exceeds the required rate of return.

Other tips
Set your objectives and work out a budget for how much you want to invest.

Avoid speculating. Do some homework about the risks of investing in the share market. Risk is the chance you take of making or losing money on your investment. The greater the risk, the more you stand to gain or lose. Low-risk investments, such as government bonds, guarantee that you'll get your money back, plus interest. High-risk investments, such as stock in a new company, have no guarantees. But if the company succeeds, your investment could someday be worth lots of money.

Take a long-term view of your investment. Avoid reacting to short-term pressure and expect some volatility in the market. Identify quality shares in a growth sector. Look for good quality management in industries likely to grow in the future.

Don't put all the eggs in one basket; diversify your portfolio to spread your risks. In simple words buy shares in different sectors of the economy (financial, plantation, manufacturing, hotels etc).

This should ideally include about 10 stocks. Less than 10 are not enough diversification and more than 15 is too hard to handle.

Remember that the strength of the financial markets is never the results of how or how poorly a single investment does, but how a range of different ones perform over a period of time

Monitor your portfolio as closely as possible on the performance of the companies you are investing. Consider the following:

- Earnings per share dividend per share and payout ratios.

-Profitability. Changes in the return on equity (ROE) over time can be identified and analyzed.

- Financial strength.

- Share price performance.

- Price/Earning ratios should be compared across the companies concerned.

- Analysis of individual companies' strengths and weaknesses.

Seek professional advice from a qualified stockbroker especially first time investors.

My advice is simple, look at companies that have the qualities rather than a marketing plan that has little chance of bearing fruit and invest some time as well, and look for quality management in quality companies with potential for earnings growth.


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