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BEE is not a perfect science - the country clearly is feeling its way still and we have to take some risks, says SAWIT chairperson Gavin Pieterse, who initiated and orchestrated the arrangements for the KWV BEE transaction on behalf of the Trust.
"The KWV empowerment deal is a well-balanced, broad-based arrangement. There are no 'fat cats' involved here.
"We believe we've fulfilled the key essentials of sound black empowerment - broad-based, but qualified and well-led stakeholders in a deal grounded in commercial reality and sustainability," he said last week.
"Weighing the risks against the prize, we believe we'd have neglected our duty as Ministerial Trustees on SAWIT if we had not taken such an initiative.'
Pieterse, a renowned BEE specialist was instrumental in setting up the Black Economic Empowerment Commission in his then capacity as national deputy president of the Black Management Forum (BMF) and proceeded to become the deputy chair of the Commission whose recommendations formed the cornerstone of Government's current broad based BEE legislation.
"We set ourselves stern parameters from the outset," Pieterse said, "expressly to try to minimize the post-closure tears that have characterized some BEE initiatives".
They are:
* government endorsement, an inclusive, broad-based make-up of the consortia drawn from appropriate community-based groups and skilled individuals
* BEE credentials independently vetted for SAWIT by HSBC and Utho Capital, who also advised on many other aspects of the arrangements, including the appropriate share allocations of the successful parties, based on value add.
* stringent due diligence evaluation of the KWV and realistic future earnings projections by the IDC (including future cash flows dividend yields)
* securing skills transfer, human resource development requirements and affirmative procurement policies at the KWV, with direct SAWIT, Phetogo and IDC representation at board level, for a minimum of 10 years or until loans are repaid
* The ground-breaking principle that after ten years, the BEE consortium should own the equity in KWV unencumbered and ungeared, avoiding the need for recapitalisation which inevitably result in the asset returning to the financiers, thus making a mockery of BEE.
Pieterse said KWV labels should now win significant buy-in from black communities, in effect awakening vast, new and sympathetic consumer bases and participative distribution networks among hitherto indifferent groups who have felt excluded and who have regarded wine products as elitist.
"As the first large Cape wine group to achieve BEE status, the KWV wines and spirits should receive preferential consideration - along with other the emerging black consumers and for government and parastatal supply contracts."
He added: "We shall stay very close to this arrangement, with SAWIT representation on both Phetego and KWV Boards. Although SAWIT stands second in line to the IDC as a funder, we also need to re-cycle and spread these funds further in future.
"They are advanced at various levels of interest, depending on the financial status of the participants. It is a fact of South African economic life that some, specially hitherto community/NGO based organisations, simply have inadequate funds, and if empowerment is to make headway, these groups have to be assisted with soft loans to realize some of their sweat equity of the past. Other groups, more commercially organised, will be required to meet more market-related repayment rates."
The deal, which will require some R120 million in SAWIT funding over the next five years, has been criticised because it allocates a considerable chunk of SAWIT's R370 million resources to a single BEE project.
"However, the in-principle decision reached between the relevant government departments to afford SAWIT custodian status of the Euro15 million as per the EU/RSA Government Wine and Spirits agreement is the beginning of a well considered recapitalisation strategy on the part of SAWIT.
"SAWIT's funding support for the transaction is thus not at the expense of its original mandate of emerging farmer support and alleviation of numerous social pathologies which plague the wine industry- nor does it affect its grant commitments to technology transfer, research and generic wine promotion.
"In the event, it was a unanimous decision by the ministerial-appointed trustees of SAWIT to proceed; they considered the black empowerment of KWV a sufficiently powerful and emblematic initiative, with repercussions industry-wide," said Pieterse.
"It further ensures longevity of impact of SAWIT project funding, beyond the finite timelines of the KWV funding to SAWIT."
Ministerial-appointed trustees make up the majority of 13 SAWIT trustees; under the terms of a 1997 settlement with the Government, the KWV funds SAWIT and appoints six trustees. The Minister appoints the chair.
KWV trustee votes, which might have been considered conflicted in this instance, were not required to proceed. SAWIT's dated Trust Deed (drawn up before the BEE legislation) has recently been amended in line with the revised vision, mission and objectives with the support of the Trust's principals, the Minister and the KWV. |