SA political risks for investors

I was looking for a shorthand way of summarising what I thought were the main political risks that are in the minds of investors in South African financial markets.

Note that the emphasis here (in what appears below) is what I think is an appropriate prism for investors in financial markets, and specifically those with an horizon of a maximum of 5-7 years.

If I was looking at broader security issues, particularly with regard to the stability of the state and ruling party, I would have had a significantly different emphasis – and have aspects that are both more negative and more positive than that which appears below. Hopefully, at some time in the future, I will post here a more general threat or risk analysis that would be of more specific relevance to South Africans who hope to live and work here.

Finally, before I get on with it, I do not explore the potential for an upside suprise here … but there does appear to me to be a slight accumulation of good news, albeit against a dark background.

SA Politics and financial markets – 3 risks

• Unpredictable and/or negative government economic policy interventions: Medium seriousness. Medium likelihood. Short- and medium-term duration (next few months to five years);
• Escalating social unrest – perhaps leading to “Arab Spring” type event: Very serious. Very unlikely. Medium- to-long duration (five to seven years);
• Ratings downgrades and tension between ambitious government plans and narrowing fiscal space: Serious risk. Medium likelihood. Short- and medium-term duration (one to three years).

Unpredictable and/or negative government economic policy interventions

Medium seriousness. Medium likelihood. Short- and medium-term duration (next few months to five years)

What it’s about: Most obvious are new interventions in the mineral and exploration sectors (including new taxes, price setting, beneficiation requirements, export restrictions, uncertainty about licence conditions and significantly increased ministerial discretion via the Mineral and Petroleum Resources Amendment Bill), but there are comparable interventions across the economy, as indicated in the ANC’s Mangaung Resolution and in a range of proposed regulatory and legislative changes, including those relating to telecommunications, liquid fuels,  the labour market, employment equity and Black Economic Empowerment (to name just a few).

My view: Since 1994, it has generally been the case that markets consistently overestimate the risk that the ANC and its government will take significantly populist policy measures. The best example of this was in July 2002, when exaggerated targets for black equity participation in the mining sector where leaked and R52b left the JSE resources sector in 72 hours – a buying opportunity of note. However, the traction Julius Malema was able to achieve with disaffected youth post-2009 and the implicit defection from the ANC and its allies in the platinum strikes last year have catapulted the ANC into something of a policy scrabble. While nationalisation is off the agenda, it has been replaced by a policy push that hopes to deploy private companies, through regulation and other forms of pressure, to achieve government (and party) targets of employment, revenue generation, service delivery to local communities and infrastructure build. Increases in the tax take look likely – it’s purely a question of ‘how much the market can bear’.

Government intervention, per se, is less the issue here but rather the confused, generalised and uncertain nature and intent of the interventions. If the interventions do not have the desired results (growth, employment and equality), the risk is that government does not reassess the wisdom of the intervention, but instead uses a heavier hand.

Financial markets: Policy uncertainty puts downward pressure on investment, employment and output in all sectors. In South Africa, these negative impacts will be felt most keenly by companies most exposed to government licencing and regulatory power, or most exposed to government’s political prioritisation. Resources, telecommunications and agriculture all fall into one, or both, of these categories.

Escalating social unrest – perhaps leading to “Arab Spring” type event

Very serious. Very unlikely. Medium-to-long duration (five to seven years).

What it’s about: Significant and consistent (apparently linear) growth in service delivery protests, combined with growing levels of industrial unrest (in 2012, anyway) seem to imply that such unrest could continue to escalate until it reaches a point of ‘phase state change’ (as in thermodynamics, referring to changing states of matter – to/from solid, liquid and gas). Thus, the risk is of a sudden systemic shift from unstable to revolutionary/insurrectionary.

My view: Increasing protest and industrial unrest are normal – and fairly consistent – features of South African political life and have been since at least the mid-1970s. Even before 1994 there was no real expectation that unrest would lead naturally to insurrection. A rapid phase state change, like an Arab-spring type event, requires (perhaps indirectly) contesting political formations and ideologies as well as the widespread failure – or absence – of social institutions (parliaments, courts) that direct, mediate and give expression to grievances and/or conflicting group interests. South Africa is rich in such institutions and there is no evidence that large groups of dissenting voices have permanently failed to find expression in society’s normal processes and institutions – even when some of those processes include robust forms of public dispute. However, South Africa does have some comparable features to countries that have had ‘Tunisia-moments’ – including high and growing youth unemployment, high  levels of visible inequality and serious government corruption – so we would keep an eye on the escalating ‘service delivery protest’ trends, as evidenced in graphs from Municipal IQ below.

Municipal IQ

Industrial relations unrest is slightly different from – and more negative than – the question of social unrest as a whole. Trade unions are strong and growing in South Africa, and contestation between them is vigorous, even violent – as we saw in the platinum sector in 2012. Trade unions are businesses with an enticing annuity income flow – and this will drive their contestation. The collective bargaining system in South Africa is functioning sub-optimally for a number of reasons – including inappropriately high levels at which automatic recognition kicks in – and the disarray in the system also drives unrest. This conjunction of subjective and objective conditions means I am less sanguine about industrial relations stability (than about stability per se) and expect this to remain a negative investment feature for the next several years. I am specifically negative on public sector industrial relations stability for 2013.

Thus, I do not think unrest and social discord will lead to any radical policy or political discontinuities, but will remain a constant drain on confidence. I also think this phenomenon will tempt government into keeping spending (on the public sector wage bill and on social grants) at above-inflation levels – helping to feed uncertainty and unpredictability in state finances, inflation, the currency and the bond markets.

Additionally, I think labour unrest will remain a seriously destabilising factor of production – including via disruption of services in public sector strikes.

Financial markets:

Resources, agriculture and construction are most exposed through their reliance on large, aggregated and often low-skilled/low-pay labour forces. The financial services and retail are less exposed to (but not immune to) the negative effects of industrial action.

Ratings downgrades and tension between ambitious government plans and narrowing fiscal space

Serious risk. Medium-likelihood. Short- and medium-term duration (one to three years).

What it’s about: The ruling party is facing something of its own ‘fiscal cliff’. The ANC feels itself in danger of losing some support because of failure to deliver employment growth or adequate reductions in poverty and inequality. Foreign investors agree this is a risk, but will not necessarily agree to fund the gap. This tension is among the reasons that all three major rating agencies (Moody’s, Fitch and S&P) downgraded SA’s sovereign rating in 2012 (Fitch in January this year) and both Moody’s and S&P put SA on watch list for future downgrades. The ANC secures political support, at least in part, through spending on the public sector wage bill and on social grants – which together now make up more than half of annual non-interest government spending. Additionally, the ANC has occasionally shown itself hostage to the views of its alliance partners or popular opinion in its spending and revenue plans (Gauteng toll-roads, youth wage subsidy). The ratings agencies don’t like the tension and I expect the bond markets won’t either.

My view: South Africa maintains respectable debt-to-GDP ratios, although these grew to 39% of GDP by end-2012, substantially higher than the 34% for emerging and developing economies as a whole. When Fitch downgraded SA earlier this year, it specifically mentioned concerns about SA’s rising debt-to-GDP ratio, given that the ratio is higher (and rising at a faster pace) than the country’s peers.

South Africa is uniquely (eg in relation to its BRICS peers) exposed to foreign investor sentiment through the deficit on the current account combined with liquid and deep fixed interest markets. SA’s widening deficit on the current account is a specific factor that concerns the rating agencies and is one of the metrics the agencies will use to assess SA’s sovereign risk in the near future. Further downgrades are the risk – potentially driven by foreign investor sentiment about political risks. Non-investment grade (junk bond status) is not an inconceivable future rating.

Financial markets: A significant sell-off in the rand, coupled with persistent currency volatility and reduced foreign capital inflows. Traditionally this scenario would mean investors look for rand hedges and attempt to get exposure to export-orientated sectors, including manufacturing – and to stay out of the bond market. Offshore borrowing costs will be raised for domestic companies – as well as for the country as a whole.  This risk has an internal feedback loop (downgrades make debt more difficult to pay, leading to further downgrades) and naturally feeds other political risks, including in relation to taxation, clumsy government intervention, social stability and property rights.

Beware the thing that might pick up power lying in the street*

There is something that seems to have been missed in the public discourse about Marikina.

Without wanting to be over dramatic, I think Marikana is a clear warning that we are under immediate and serious threat; in ways that I will discuss below.

What happened – both before and after the police shooting – has been exhaustively examined and there have been excellent discussions about the untransformed migrant labour system, the collective bargaining system, the gradual implosion of Num, the awfulness of the conditions in Nkaneng, the micro-lenders explosion, the sadness and despair of families of victims in the labour sending areas  … one might have thought that every conceivable angle has been exhaustively pursued.

But we can be swamped by the details and the anger and grief.

I think something has been missed, perhaps in emphasis, rather than facts – and  because, rather than despite, the sheer attention to detail in the media coverage.

So take one step back and look carefully.

Ask: what is most essential about what happened here?

• The police shot and killed 35 striking mine workers.
• At least 10 other people had been killed beforehand – including 2 police officers – mostly by the strikers.

Now take another step back and let a slightly, only very slightly, broader picture come into focus:

• It happened now, not in the apartheid era – and there is nothing with which to compare it in our 18 years of democracy.
• The closest proximate cause was the implosion of the National Union of Mineworkers.

One more step:

• The failure of Num created space for the rise of the Association of Mineworkers and Construction Union.

… and one last step:

• Num is Cosatu’s biggest affiliate, is the mainstay of ANC support in Cosatu and is one of 3 key pillars of support within the ruling alliance backing the re-election of Zuma (with the SACP and Kzn);
• Amcu, Julius Malema and the wildcat strikers and their committees found each other from the beginning of the cascade (of which Marikana was a part) after the Implats strike in January.

As I focussed backwards and forwards through those perspectives I suddenly, with a surge of adrenalin, realised the danger we are in.

This is the essence of that realisation:

We have had 18 years of a comfortable ANC majority. Whatever the problems with the ANC’s performance I have mostly believed the party would continue to enjoy the overwhelming support of the majority – of so-called African black South Africans – well into the future, beyond any point worth worrying about.

Despite growing evidence to the contrary I have come to rely on the inherent stability that comes from the ANC sitting like a collapsed star at the centre of our political solar system; with that dense cinder, in turn, held together by the ANC’s own leadership sitting at the core of the party, heavy and stultifying, but essentially stable.

Marikana (in the violence, in the institutional collapse, in the momentum given political  evangelists of the Malema stripe) is about Jacob Zuma’s ANC spinning off pieces of itself, of its members and supporters, of its voters and potential voters.

The most obvious metaphors are from physics.

The centripetal force decreases as the set of interest at the centre narrow (please check my science here). The Nkandla patronage networks are in an ever tighter and more mutually dependent relationship with the SACP and a faction of Cosatu (a faction most closely identified with the Num). The narrower the centre, the less able it is to hold in place the system orbiting around itself. Ultimately, the bits are flung out of the orbit.

Forgive the scattering of a few lines from Yeats‘ The Second Coming, but they are so apposite here as to be inevitable:

Things fall apart; the centre cannot hold;

And the narrowing centre’s response? Well, that would be the massacre of the 34 mineworkers.

The blood-dimmed tide

The other metaphor is the vacuum, and as we know nature abhors a vacuum so it sends the first things that come to hand to fill it.

There seems to be a universe of hopeful voices out there that the first thing that will ‘come to hand’ is either a more democratic version of the ANC or a DA somehow more rooted in the nation (especially that three-quarters of the nation that is poor and black).

But what were the first things to rush into the vacuum, the vacuum left by the rapidly narrowing set of interests at the centre and by its precipitous loss of moral and political authority?

The communists had it right in 2009 already.

If the communists are good for nothing else, they are excellent at spotting fascists (I always think it is because, like alcoholics and drug addicts in recovery, communists feel the call of the beast within … but that is an argument I will need to explore elsewhere).

Already in late 2009 the SACP warned about the emerging tendency within the ANC (the tendency that coalesced around Malema, but has its roots deeper in elements of the emerging elite and their allies in the private sector):

Because of its rhetorical militancy the media often portrays it as “radical” and “left-wing” – but it is fundamentally right-wing, even proto-fascist. While it is easy to dismiss the buffoonery of some of the leading lieutenants, we should not underestimate the resources made available to them, and the huge challenge we all have when it comes to millions of increasingly alienated, often unemployed youth who are potentially available for all kinds of demagogic mobilization.

See what I mean? The communists are almost prescient as far as fascism is concerned. I covered those issues in more detail here.

Amcu and Julius Malema are part of the same phenomenon in the sense that they are both drawn into existence by the collapse of the centre and in addition share a number of features in ideology and style.

The extreme levels of violence, especially the violence of the state (deployed to defend the weakening centre) is also an essential and predictable element of what must flood in to fill the emptiness at the centre.

This is not some threatening future. Marikana threw aside a veil and revealed that this is where we are already, this is what is filling the vacated centre.

When a vast image out of Spiritus Mundi
    Troubles my sight: a waste of desert sand;
    A shape with lion body and the head of a man,
    A gaze blank and pitiless as the sun

…

  And what rough beast, its hour come round at last,
    Slouches towards Bethlehem to be born?

(Note: I know it is such a cliché to use The Second Coming, but it is almost irresistible given the points I want to make here. Read the whole poem at the link I provide earlier … it is not really meant to be dipped into in the way that I have here. Consider its post-First World War context. )

*It was Vladimir Ilyich Lenin who famously said the Party “found power lying in the streets and simply picked it up” – and he would have known a thing or two about that. For the most sturdy readers you can find a discussion of that here.

Lenin knew how easy it was to pick up power when it was lying around

Is it time to sell South Africa ?

I am sometimes tempted to think of myself as a company analyst, with South Africa as my company,  government as management and the currency and bonds as the share price

Company analysts make sell, hold or buy recommendations. Obviously a buy means the analyst believes the shares are cheap – in some difficult to determine absolute terms, but more likely in relation to appropriate peer or category comparisons.

If I was a company analyst, then what I might have been doing over the last while would have been writing a report changing my recommendation on South Africa from a hold to a sell.

Here is a bare-bones summary and ordering of that argument:

• There are two major cycles driving negative sentiment which are coinciding now (which they do every five years):  the “strike season” and the lead up to the  ANC’s National Conference ;
• Both these cycles are deeper and more traumatic that usual;
• The reasons the strikes are worse than usual is excellently addressed by Gavin Hartford of Esop Shop -  here for a link to his paper at polity.org;
• Mangaung is “deeper” and more traumatic than Polokwane because there is more at stake (some ANC members realise that another seven years of Zuma could hurt the ANC and the country; and Zuma and his backers cannot afford to lose office, because their dealing is not yet wrapped up and because their man remains legally vulnerable to the original corruption allegations against him);

But the main reason these cycles are deeper than previously is they are meeting a structural or secular trend, which consists of (and this is very stripped down):

• Uncertain political stewardship from the top;
• Institutional weaknesses in political (and labour) organisation characterised by systemic cronyism, corruption and nepotism (which leads to violent competition for control), managerial incoherence, narrowing support base and falsely inflated membership figures;
• A significantly negative economic policy environment which might lower investment levels – e.g. fiscal uncertainty (because there is no way the ANC cannot keep increasing social grants and the public sector wage bill, which together are already more than half annual non-interest government spending) and a highly interventionist industrial policy (best exemplified in the SIMS document) which is one step away from ‘nationalisation by stealth” i.e. the effective deployment of private assets for public – or more narrowly governmental or even party – ends.
• Incompetent infrastructure build, disruptive labour relations and failed educations systems are constant, apparently irresolvable and narrowing bottlenecks in the economy;
• Institutional and administrative failures of government (in specific geographies and at specific levels of government) – with similar features to the second bullet referring to parties and labour unions;
• Failures of the collective bargaining system – and other institutions designed to manage and mediate conflicting interests in society;
• Growing social stresses around levels of inequality, unemployment, indebtedness and poverty – and unresolved racial overlays of the same.

Just listing that is faintly distressing … and you can imagine writing about it for weeks is not very uplifting.

But, I have, mid-stream, decided that I am not at all certain it is appropriate to take this relentlessly negative view.

Let’s go back to the political analyst/company analyst metaphor. Company analysts often suggest investors sell a share in a top quality, well  managed and highly profitable company if it is too expensive.

They might also recommend a buy on a company in all kinds of trouble – but one that is cheap and has upside that the herd of sellers hasn’t spotted.

I cannot remember an SA political shock or flood of negative sentiment that did not represent a buying opportunity in our financial markets. Remember the sell-off of  R54bn of SA resources companies after the leaking of a draft mining charter in 2002? It proposed forcing mining companies to immediately sell half their equity to black South Africans and spooked the market. The next few months was the chance of a life-time to buy excellent value company shares on the cheap.

Whether financial analysis adds real value to the investment process (or is just another bleed-off) is a matter of endless dispute. But here is why I would hesitate to call a sell on SA:

• I cannot honestly say we have more political risk than Russia and Turkey, for example;
• Where are the safe havens for investors, given the complex risks and problems in the global economy?
• I cannot be sure that the negative news flow is not already in the price – it would be a very financial-market-analyst-type error to rush around shouting sell, sell, sell just after the last savvy investor had finished selling and begun buying;
• My ‘negative secular trend’ is described as if it is inevitable – whereas there is much that can be decided and turned around by citizens, government and the ANC (despite my bleak outlook as to the likelihood of that happening, it must be in the mix as a possibility);
• The country has a number of inherent advantages: its natural resources, its growing domestic market, its proximity to the last great frontier market (Africa), its sophisticated financial system and complex infrastructure, its constitutional framework, judicial independence and stable democracy – to name just a few.

Now obviously that does not counter the negative “secular” or structural trend I describe above. But there is something of a “baking a cake” strategy about how I have motivated for the big underlying negative trend. What I mean by that is I have marshaled all (or as many as I can come up with) of  the negative arguments in one place to bolster a particular conclusion: sell!

To make a cake one follows certain steps – mix ingredients, add energy and voilà: a nasty, stodgy, too sweet lump.

And that is a relatively simple object, with only a few requisite variables for its construction.

When we think about the future – especially when we write about it and propose to people how they should position themselves – the very first thing we should be is extremely tentative.

So I can’t, in good conscience, say sell South Africa.

I am unmistakably bleak about our politics and governance, but don’t take that as a signal to sell. I am quite likely being tossed on the waves of sentiment  – following financial market indicators, rather than leading them.

My very negativity could as easily be the indicator to start buying; that all the bad news is already in the price.

ANC’s economic policy – a bit like being wounded without the pleasure of a scar

It is no easy matter to explain how a paragraph from Michael Ondaatje’s poem “The Cinnamon Peeler” speaks to me about the ANC’s economic policy process.

The poem is a  sensual delight – quite unlike the ANC’s policy discussion.

Anyway … here is the relevant paragraph:

          what good is it
 to be the lime burner's daughter
 left with no trace
 as if not spoken to in the act of love
 as if wounded without the pleasure of a scar.

(Catch the whole poem here  – you will be glad you did)

Who could have believed anything other than that the ANC’s recent policy conference was a momentous event, a sharp delineation between one stage and another?

The promise was in the ‘economic freedom in our lifetime’ campaign, the calls for nationalisation of land and mines, the National Development Plan and the ANC’s policy discussion documents themselves.

The sense that some big change was imminent built towards the conference and then the news flow from the event spoke of deep geological shifts; shudders that shook the body politic.

And then … nothing.

Or rather the shifts were so subtle that it all felt like a new version of Kremlin watching (that popular art – masquerading as science – peddled by professional Western political analysts and historians circa 1955-1988 of predicting the future of global politics from who stood where on Soviet platforms).

Carol Paton, writer at large at Business Day, covered the recent ANC policy conference in a piece that should be required reading for anyone who wants to understand the subtleties – and intrinsic weaknesses – of the process.

She argues that little has actually changed in ANC economic policy since the first conference after the unbanning in 1992 – and what has changed is slight and nuanced.

Paton’s more general point is that the discussion is inherently flawed:

Economic debate in the ANC occurs in a strange, abstract and ahistoric vacuum without reference to what really happens in an economy. For most of those involved in the discussion — who are delegates from branches but also often public representatives — the sole reference point for how change might be effected in society is through the exercise of political power.

Paton argues that almost none of the ANC members and leaders involved in policy discussion  “have had the experience of running or managing an operational business or even of operating in the economy in any way other than as a public representative or government official.”

The article is well worth a read – catch it here.

For me the important bit is the disjuncture between the promise/threat of radical change and the actual outcomes.

As we head towards Mangaung it is likely that noise arising from the ANC internal politics will once again begin to imply that we might be heading towards some radical discontinuity in economic policy.

Obviously our markets will be weaker than they otherwise would have been because of this sense of uncertainty.

I am fairly certain that come the morning after Mangaung we will comb our body for a trace of the change we thought must be a consequence of that event that presents itself as so profound … but we will find that we have been wounded without the pleasure of a scar.

Housekeeping, MTN, Iran, US secret power, Zimbabwe, Malema and the Interminable Mangaung

Right.

I have got to find a way of continuing to populate this website. The reasons posts are becoming infrequent and irregular is that almost every day I produce bespoke and paid for research. I have less time every week to write specifically for nicborain.wordpress.com … except the occasional philosophical musings, which probably have a … very specific? … readership.

I am going to continue the philosophical and theoretical musings. I am finishing the last few chapters of Jared Diamond’s extraordinary “Collapse – How Societies Choose to Fail or Survive” - Penguin 2005. As background reading to my professional work trying to make sense of politics and economics in the sub-continent (or anywhere in the world for that matter) it is seminal … I cannot recommend it highly enough.

So I will review it here. And I will keep raising issues associated with the epistemology of what I do – and other obscure matters of concern to me.

However, I will also start posting summaries of my recent views, interviews and perspectives … the first set of these below:

Iran, MTN and US secret power

The big issue of the week – in a lot of universes, but particularly the financial market’s – was  the $4.2-billion lawsuit launched against MTN last week by Turkcell in the United States District Court of Columbia in Washington DC. The Mail & Guardian had way the best coverage – see here  for a good backgrounder.

MTN investors took a serious bath on the news. The basic allegation of Turkcell is that MTN’s ‘Project Snooker’, driven by then CEO Phuthuma Nhleko (with some help) was a successful attempt to ‘buy’ (with cash, arms and South African diplomatic support) a preferential operating licence in Iran.

For me the link between this issue, the fact that the South African government had appeared to fold to US sanctions demands on oil imports from Iran (or at least to flip-flop confusingly) and the leaked documentation from close to Kgalema Motlanthe seeming to prove attempts to get government support for Bell Helicopter deliveries to Iran – potentially hurting his (Motlanthe’s) presidential ambitions – was a series of stories that raised the spectre of US secret power working it’s powerful and implacable will.

It looks like the Bell Helicopter with SA government support stuff was established:

 Through access to recordings and confidential documents – understood to have also been obtained and analysed by US intelligence agencies

according to the Sunday Times, but the documents that informed the Turkcell case appear to have been leaked by a disgruntled former MTN manager and South Africa’s flip-flop on oil could be based purely on the extreme nature of proposed US punishment for those who break sanctions against Iran.

So the sexy story of US spies fiddling in our politics doesn’t have a good evidential basis (although I have no doubt that US secret power is exercised every day throughout the world … perhaps not always with German-like efficiency and certainly with lots of unintended consequences.)

The MTN story … and South African oil imports … still has a way to run, so watch this space.

Malema summarily suspeded, Top Six unity press conference, Cyril for president and the interminable Mangaung contest.

I don’t know about you, but I am royally gatvol of press reports about ANC internecine struggles … during the course of the week this is what I had to say about various strands of this interminable story:

First I looked at City Press going out on a limb with contending ANC factional lists for Mangaung…  most interestingly putting Cyril Ramaphosa on both the pro-Zuma and the pro-Motlanthe lists … to become president of South Africa in 2014!

“You read right. Not ANC president, and not in 2012 … the Mangaung conference looks sewn up in favour of President Zuma, but even his supporters are starting to point to Ramaphosa as president, saying the billionaire businessman will do a better job of running the country” (from City Press).

I can’t assess the probability of a Ramaphosa presidency … but we can only hope.

I also had to comment to journalists over last weekend about a potential run by Mathews Phosa, essentially as a stalking horse and test marketing campaign for Kgalema Motlanthe. He (Phosa) has no prospects of slipping in himself, but both he and Motlanthe have been seen to be standing firm with their ANC Youth League allies over the last week and it is not inconceivable that they will have worked out a tag-team strategy between them.

Later in the week came the summary suspension of Julius Malema about which I said:

Julius Malema was yesterday suspended with immediate effect from the ANC and from participating in any way in the organisation’s activities or the activities of the Youth League. While this particular suspension is temporary, several different strands of disciplinary action against Malema make the implementation of a full suspension (lasting at least 3 years) inevitable.

In preparation for the Malema suspension the ‘Top Six’ of the ANC held a joint press conference to present a united front to condemn “bickering and negative lobbying” in the ruling party. Of particular concern was the recent incident in which Deputy President Kgalema Motlanthe was invited to address and ANCYL rally where he found himself “in compromising situations of being implicated in statements where ANC leadership is denigrated and insulted” (that all comes from official ANC press statements.)

Behind the show of unity are two broad camps, with President Jacob Zuma, Secretary General Gwede Mantashe and National Chairperson Baleka Mbete broadly backing Zuma’s re-election at Mangaumg in December; and Treasurer General Mathews Phosa, Deputy Secretary General Thandi Modise and Deputy President Kgalema Motlanthe having consistently been much closer to Julius Malema and long assumed to back a leadership slate that would be headed by Kgalema Motlanthe and might include Tokyo Sexwale.

I do not expect the noise generated by the internecine struggle to die down until Mangaung itself. At this stage the Zuma camp is in an extremely strong position and this is the light in which the suspension of Malema needs to be seen.

I did a whole lot more radio interviews and bits and pieces about all of this … but I am becoming unspeakably bored with the whole issue. I think the ANC Top Six press conference was an attempt to get the focus onto the policy discussion documents and away from the draining and fracturing internecine squabbles. Can’t help but feel that might be a good idea.

Zimbabwe and Eddie Cross

The most interesting story of my week came about as a result of the consulting work I do for Religare Noah Capital Markets (Pty) Ltd, which is a member of the JSE and an authorised Financial Services Provider. Religare Noah brings Eddie Cross (Zimbabwe member of parliament for Bulawayo South, economist and Movement for Democratic Change Policy Coordinator General) to speak to, especially, mining and metals investors about once a year and I had a chance to listen in on his input.

Basically Eddie Cross  reckons that by October this year Zimbabwe will have undergone a fundamental transformation and that our northern neighbour will be well on the path to recovery – politically and economically – by then.

It is a huge story, but obviously the details are bespoke to Noah Religare and its clients. From my perspective I have known Eddie Cross to err on the side of being too positive and upbeat about Zimbabwe (as I have been … consistently calling the bottom for almost ten years … embarrassing, I know) but I was convinced that a combination of SADC unanimity and strong G8 backing … and the fact that Zanu-PF is out of options and fatally riven with factions, means that change is more likely than it has been in years. An endless stalemate is still a possiblity and more catastrophic scenarios, with the continued assasination of central players (like that of General Solomon Majuru) are options … but there are grounds for cautioius optimism.

I hope you have a restful long weekend … and a really good Friday …

Notes on the relationship between Cosatu and the ANC

After last week’s Cosatu strike against labour brokers and e-tolling the question of the future of the relationship between the Cosatu and the ANC has again consumed public debate.

I have quickly jotted down some of the issues as I see them and how I think the situation might play out in the longer term (and apologies for scruffiness – I am under the whip):

It is necessary to understand what these organisations are and how they differ – before we think about what they might do

Cosatu is a federation of trade unions (trades union, actually … but that always sounds a little pompous) and therefore represents employed workers while the ANC is currently the ruling political party in this country and as such represents a much broader set of interests, especially, in this case, the unemployed and business – and is additionally obliged to balance these interests against each other.

It is obvious why Cosatu must oppose labour brokers. Cosatu has spent considerable energy in influencing the ANC to structure the labour market in a way that strengthens it’s cartel-like hold on the supply of labour. Labour brokers are a way in which the unemployed and potential employers can circumvent some of the strictures of the regulatory environment. Labour brokers have helped create a shadow duality in the market – and have thus caused Cosatu to lose some control over supply.

Another way of saying this …. If you have one set of workers that are employed with the full  protections and benefits afforded them by legal and regulatory structuring of the labour market and another set who are essentially desperate enough to work for less money and with less job security, then those who cannot find a place in the first set have the option of joining the second set – and employers who cannot afford to shop in the first set will shop in the second … meaning Cosatu loses control over supply.

Cosatu argues that if you make the existence of the ‘second set’ illegal it will force employers to shop in the ‘first set’ – thereby creating permanent ‘quality jobs’.

The eternal wrangle is that most economists and several ANC thinkers believe that what actually would happen (and is happening) is employers, at some difficult to determine point, decide that the costs and hassles of only having the ‘first set’ to shop in incentivises them to “shop elsewhere” – shift parts of the labour process to other countries where labour protections are less onerous on the employer, or they mechanise the labour process – hence the structural nature of our unemployment.

The ANC, on the other hand, is under the whip to create more employment – and that pressure comes directly from the unemployed. The youth wage subsidy scheme was correctly understood by Cosatu to be seen as a threatening – to its interests – attempt to create duality through the back door. The ANC agrees with Cosatu that many labour brokers are guilty of the worst excesses of free market exploitation, but propose to remedy the situation by regulating the labour brokers more carefully … not removing them completely from the market.

But what about the e-tolling?

Essentially the e-tolling issue was serendipitous timing for Cosatu. Completely separate disputes occurred in Nedlac over e-tolling and labour brokers so Cosatu had the right to declare protest strikes and marches under section 77 (1) (d) of the Labour Relations Act against either, neither or both issues – they did both. Essentially the melding of the actions allowed Cosatu to win a few class allies to its cause of opposing labour brokers. Not that e-tolling is not genuinely hated by Cosatu and the federation believes that its members will be worst effected … which should give you an insight into just who Cosatu’s members are and the difference between them and the marginalised and unemployed majority who would invariably use un-tolled public transport (mostly taxis) or travel on shank’s mare, which takes another kind of toll entirely.

Cosatu and Zuma

Cosatu clearly backed Zuma against Mbeki because it believed either that Zuma would be beholden to it and therefore allow it more policy access (which I think has essentially been true) … or just that Mbeki was a more dangerous enemy of Cosatu’s narrow agenda (something I also believe was true). There can be no argument that Zuma was more likely to hold ideological or policy agendas that were essentially closer to Cosatu’s. To my mind Cosatu was opportunistic and unprincipled – whichever way you spin it – in backing someone so clearly hell-bent on extending his control over patronage networks and making his family and friends fabulously wealthy.

One way to understand what is happening in Cosatu now is that one faction is trying to withdraw from the strategy because the Nkandla chickens are coming home to roosts, while the other faction is sticking to its guns.

I think, however, that both factions have realised that they have put too much energy into influencing national politics in the ANC and not enough energy into building up the federation’s grass-roots and factory-floor structures, membership and leadership. Trade unionism is on retreat globally – because of the globalisation of the labour market – and Cosatu is worried about not having stuck to its knitting (sorry for all the awful clichés here, but I am in something of a hurry.)

Cosatu has always had an ambiguous relationship with the ‘political movements’ – be those the United Democratic Front, Azapo or the ANC … perhaps even Inkatha should be included here. When Cosatu was established in 1985 out of the unions that had made up Fosatu (the Federation of South African Trade Unions) it immediately inherited the main debates and factions that had characterised trade unionism for years in South Africa.

The divisions centred around:

1. whether to register and thereby co-operate with the Apartheid state
2. whether white workers could be organised into progressive unions
3. the desirability of general unions versus industry based unions
4. ‘workerists’ versus ‘populists’ – which boiled down to a debate about whether unions should be involved in national politics and be in a formal relationship with the national political movements; whether they would be sucked into the agenda of those political movements and should therefore focus instead on ‘shop floor’ issues and maximum worker unity.

From the start the National Union of Mineworkers was a pro-ANC/SACP bastion within Cosatu and the National Union of Metal Workers of South Africa, formed out of at least 6 other unions, came to represent a position more cautious and suspicious of the political movements.

Thus we have an emerging consensus in the press that Zwelinzima Vavi, Irvin Jim and the National Union of Metalworkers of South Africa (Numsa) have upped the ante against Zuma and ‘corrupt ANC leaders” while an SACP aligned faction including Cosatu president Sidumo Dlamini and the powerful National Union of Mineworkers is firmly behind Zuma.

Currently Cosatu seems – to my mind – to have finessed an internal agreement between its factions to back Zuma for re-election at Mangaung in exchange for a more vigorous opposition to corruption generally in the ANC and to campaign for a more worker friendly ANC NEC to emerge out of Mangaung.

Ahead  … (remember ‘tomorrow’ is the country from which no-one has ever returned … so take this all with the appropriate pinch of salt):

1. The struggle will continue. Cosatu has fought with the ANC since 1994 and strong suspicions existed between much of the trade union movement and the ANC before that. This is normal, natural and appropriate given the diverging interests of the people represented by each organisation. The relationship has always contained the seeds of its future breakdown.
2. Zwelinzima Vavi’s faction is most similar to a combination of European social democrats, labour parties and green parties. It is radical and anti-capitalist, but it is also modern, deeply opposed to corruption and authoritarianism, has consistently taken the right line on Zimbabwe and HIV/AIDS, is protective of the constitution and freedom of speech and is most likely to seek alliances with anti-ANC ‘civil society’ groups over single issue campaigns (right to know, freedom of speech, corruption, HIV/AIDS etc.)
3. The tension is inbuilt … the ANC will never give into Cosatu’s full set of demands – if anything it will go the other way – and Cosatu will  never stop making the demands, louder and louder.
4. At some future time – probably way down the road –  the Numsa faction will ally itself with those attempting to organise the constituency the ANC Youth League aspires to represent and break out of the ruling alliance to form a new left opposition. For the foreseeable future (and remember none of the future is actually foreseeable) the advantages of staying in the alliance with the ANC outwieghs the losses and gains that would be realised by setting off on their own.
5. The SACP will increasingly concern itself with trying to mediate the relationship between Cosatu and the ANC – which effectively means it will support the Num faction or tendency in Cosatu. This is not a basis upon which a political party can sustain itself. The SACP would have to split from the ANC and fight elections on its own – essentially capture the space that a Numsa/ANCYL type breakaway might have occupied – if it was to grow and prosper. I don’t think this will happen and therefore I think the SACP will be gradually squeezed into irrelevance.

Red Alert – communists unveil non-traditional weapon

I have been interviewed several times this week about the Cosatu strike.

Is this an irreparable breakdown between the ANC and Cosatu?

Does this have implications for Zuma’s bid for re-election at Mangaung?

How stable is the ANC/Cosatu alliance?

What do I think of Jackson Mthembu’s response to Vavi’s claim that the ANC says “Cosatu is exaggerating poverty of workers in South Africa”? (… or whatever … If you can’t follow the subjects and objects in that sentence check out the ANC statement here - or not.)

Where is the SACP in all of this … and is Cosatu split between its president and secretary general?

Where is all this leading … what is going to happen … what does it all mean?

I’ll give those of you who are interested a kind of answer to those questions in a separate post, but I first wanted to say:  it’s a peculiar business this being a ‘talking head’, someone whose views are sought on something as slippery as what’s really happening in our politics, where it’s all leading and why.

This is not (only) an idle existential question to while away a windy Cape Town Saturday morning … it is brought on by a perilous attempt at humour by that leading bastion of irony and satire, the South African Communist Party and their laugh-a-minute, Umsebenzi Online – and more particularly the March 8 “Red Alert” that you can catch here.

(Perhaps only start reading from the “Succession battles at leading newspaper” headline. That way you might still be open to that old Marxist quip: history repeats itself “first as tragedy, then as farce” – here for Wikipedia’s sketch of the source of that quote, Karl Marx’s excellent The Eighteenth Brumaire of Louis Napoleon - something I find it difficult to believe the writers of Umsebenzi Online have actually read or understood … but that is just by the by.)

Anyway …

The SACP’s satire is a teasing poke at … well, at people and institutions that do what I do for a living.

The premise is that Umsebenzi Online has come into possession of “dramatic new evidence” of a deep factional split at 195 Jan Smuts Avenue … which is the address of the Mail & Guardian newspaper.

The premise is that editor Nic Dawes is being challenged by “the ring-leader of the Young Turks” Matuma Letsoalo.

And the issue over which they are divided?

Whether to stick with the fading Julius Malema as the leading character in the soap opera the M&G produces or replace him with “the unions” as the new villain.

Umsebenzi Online then seeks the views of “two well-known, dial-a-quote, soap opera specialists – Aubrey Habib and Eusebius Mashele”* who proceed to pontificate incoherently about the split at the M&G.

There is a whole cast of villains in Umsebenzi Online’s slightly stilted (hardly unexpected that – Ed) attempt at humour.

And all the villains are ‘talking heads’ … people who have come to make their primary living from giving their views on the South African political soap opera.

I think there is a real question to be answered about political analysts – poorly asked and answered in this pinkish satire

Are the views of ‘political analysts’ any more reliable than anyone else’s? It’s not like there is a professional association that erects barriers to entry and puts in a whole lot of quality controls. And anyway such associations are usually just a gang hierarchy that protects the turf from competition.

My own answer – and I have to have one, or my tongue would shrivel up and drop out of my head and my fingers fuse uselessly to this keyboard – is that political analysts are to politics what critics are to art and literature. The critics don’t have to be artists or writers themselves – in fact, that might well be a drawback to them performing their function.

Critics come to be what they are through a market mechanism – their views are sought out and some consumer ends up paying for them. The art consuming public is looking for confirmation, information or rebuttal; they are looking for a view against which they can balance their own view, or learn something from – or just to think about.

The best critics are a mirror for the artist – trusted or hated by the practitioner, it doesn’t necessarily matter.

Rubbish critics can find an oppulent home in rubbish publications and TV stations – because mediocrity does so often rule the mass market mechanism.

Fine critics can quietly go about their business and eke out an interstitial existence of quiet excellence and the small comfort of professional respect.

Or the other way around.

I am all in favour of communists using satire to further their aims – it is so much more desirable than the dystopian bureaucratic terror which appears to be the default instrument – when available – of this vanguard of leading intellectuals.

But I wish this satire had been more … well, funny … and clever – basically, more thoughtful. We are bludgeoned daily by the views of “experts” – and it might not have escaped you that I both bludgeon and am bludgeoned in my turn.

How and why political analysts come to be part of our lives and part of the cultural and public intellectual process is an important question – one we should think about before consuming the sometimes suspicious fruits they offer.

* Those fake names are a melding of the real Professor Adam Habib:

Aubrey Matshiqi:

Prince Mashile:

and Eusebius Mckaiser

(Right you four, you can send donations to The Association of Professional Standards in Political Analysis for the free publicity – Ed)

Weather – tis nobler in the mind to suffer

In a Woolworths queue in the Gardens Centre yesterday evening I idly picked up the Cape Argus.

It’s the only time I actually read anything in that newspaper.

I like to casually glance at its headlines during my journey from the beginning of the endless tunnel of sweats sweets (damn morning rush) and magazines. I then stash it amongst the heap of chocolate boats stuffed with Smarties right before the tills.

I commit two very mild acts of corporate activism when I do this.

I admonish The Argus for plastering Cape Town with interesting and clever billboards that inevitably refer to puerile and ridiculously provincial – and badly written – stories.

And I wrist-slap Woolworths for having made me carry my then small children through that tunnel after a long day of shopping – an experience that  still makes me shudder.

Okay, these are not very militant acts; more mild criticism of two old and venerable institutions that I feel great affection for but believe would benefit from the occasional slap.

Anyway, the cover story on The Argus shocked me rigid – such that I barely noticed the passing array of Magnum Ice-creams and left-over chocolate father Christmases calling out to me and the small squalling children being pushed by their exhausted mothers through Infanticide Row.

Government is proposing to fine South Africans who give unsanctioned weather and pollution warnings -  ten years in jail or a R10 million fine (catch the full text of the South African Weather Service Amendment Bill here.)

I got it immediately.

You can’t have amateur forecasters spreading panic and despair because they had seen fluctuations in their crystals and spirit catchers … or because choppy surf with a curling left-break at Glen Beach means Durbs is gonna be hit by cyclones, dude … or whatever.

But as I was passing the tubs of sour worms it dawned on me that all forecasting should be controlled. You can’t have every blogger and his parrot predicting the unfolding sovereign debt crises in Europe, the US presidential elections, the possibility of a US/Israeli strike on Iranian nuclear facilities, whether Germany and France will eventually let Greece sink without a trace, whether the Euro will be history this time next year …. the list is endless.

The pronouncements of economists and political analysts and talking heads of all kinds should come with health warnings. Who’s to say they know anything more than anyone else about anything?

But they get asked by television and radio stations and newspapers and they set up blogs …

Oops …

I dawned on me, but only after a surprisingly long time; somewhere between the sacks of chewy white milky cars and deep piles of You Magazines.

I am a forecaster. I have been quite specific about what I think will happen in the ANC’s debate about mine nationalisation. I have been fairly specific about succession issues in the ANC – both at Polokwane (where I was mostly wrong) and Mangaung (where I will be mostly right) ….

Excuse me? Did you really just say what I think you said?

No. No but seriously – the South African Weather Bureau has scientists with balloons and mysterious beeping machines in places like the Antarctic and Gough Island and a billion information feeds and huge computer models that attempt to get closer and closer to emulating the storm systems driving across from south of South America … and they still fail because they forgot about the butterfly flapping its mysterious wings in Peru.

By the time I punitively stashed The Argus amongst the chocolate tugs stuffed with brightly coloured beads just before the serene Woolworths teller lady I was having a minor existential crisis.

Admittedly not a completely new one – once you have been fairly sure that the ANC would not slip into the hands of the Nkandla Crew at Polokwane you are forever chastened and humbled by the knowledge that the future really is an ever unfolding mystery.

Nationalisation revisited revisited … if you know what I mean

In case anyone was wondering if I had disappeared into the ether: I have been seriously busy and have had no time to post on the blog.

If you were paying extra attention, you may have noticed that a post reviewing the nationalisation of mines debate appeared and disappeared a few weeks ago.

My mistake – it was bespoke for a month, and I jumped the gun. I am now able to publish it and you will find it below.

Meanwhile I am into my second reading of An Inconvenient Youth – Julius Malema and the ‘New” ANC by Fiona Forde. It is exceptionally good and I strongly recommend you go out and buy yourself a copy. I have begun a review which I will publish here during the course of the week.

But meanwhile, here is the month-old nationalisation update/review. My views haven’t changed much since I wrote it … and it is good to get it on the record … even if it is a little turgid and written in an overly formal tone.

Nationalisation update/review

The nationalisation of mines debate in South Africa is, as predicted, reaching new heights of sound and fury. Yesterday it appeared that Cosatu was officially supporting the Youth League call. This is a situation fraught with danger although I do not change my assessment that the ANC is unlikely to decide on mine nationalisation along anything like the lines proposed by its youth wing.

Summary bullets

• Yesterday Cosatu economist Christopher Malikane argued that the ANC has accepted as fact that the mines would be nationalised and that it was only a question of “how” not “if”.
• This does not imply significant new risk although the markets are likely to interpret it as such.
• In reality Cosatu is significantly divided on the call and current shifts in Cosatu policy have more to do with (important) internal conflicts.
• Cosatu does not have the final or even main say over ANC economic policy and its current flirtation with the Youth League is actually about frustration with not achieving its policy aims with the ANC.
• The ANC and its left wing allies have been consistent and steadfast in their criticism of the call and I outline the history both of the Youth League call and of the critique of the call in this report.
• The nationalisation call has consistently been deployed in political battles for power within the ANC and in government which both gives the call unrealistic political energy and makes the threat difficult to interpret or assess.
• The ANC has set its Economic Transformation Committee the task of assessing the call and making proposals. I expect clarity to emerge in November this year but a final decision will only be made at the centenary national conference in December next year.
• Cost, international agreement, the Bill of Rights and the constitution make it inconceivable that the ANC attempt to nationalise the mines.
• However I think the party and government will use the threat as a stick to get a better deal out of the mining houses.
• Between now and the final decision the “sound and fury” will keep the issue alive and the threat present.

Cosatu shifts towards the ANC Youth League

Yesterday  Congress of South African trade Unions economist Professor Christopher Malikane was reported to have said at a South African Chamber of Commerce and Industry forum that the group charged with discussing the nationalisation of mines in the ANC had moved beyond the issue of whether the mines should be nationalised and is now purely considering modalities to achieve this aim. “Investors are looking for certainty around the issue of nationalisation, well this is the certainty they need,” he said.

The ANC Youth League managed to place formally on the agenda of the ruling African National Congress (at the party’s National General Council in September 2010) the proposal that government consider nationalising a majority share of the mining industry – for report back and a decision at the party’s Mangaung elective centenary conference in December 2012.

The general noise gets louder

With the ANC and government leadership mired in controversy relating to poor service delivery, poor government performance and accusation of corruption – and the Zuma presidency as weak as it has ever been – the ANC Youth League and its supporters in government appear to have seized the initiative and are making all the running at a public level. Investors and other observers would be forgiven for thinking that the slogan “Economic Freedom in our lifetime!” and the calls to nationalise the mines, banks and the land (that last explicitly without compensation) were not government policy. I am of the view that owners of mining equity and other property in South Africa are starting to feel the heat.

My view

My view has been that the ANC is highly unlikely to decide to nationalise the mines – although uncertainty in this regard will persist right up until December 2012 (although some clarity is expected to emerge after the ANC committee examining this issue reports back some time in November this year).

I think that the party and government will attempt to use the populist surge to discipline the mining companies to fulfil their social and Black Economic Empowerment obligations under the Mining Charter (which arises out of the 2002 Mineral and Petroleum Resources Development Act).

Additionally government and the party are likely to use the opportunity to change the tax and royalty regime to extract more revenue from the sector – particularly with the imposition of a tax on windfall profits.

Finally I think it likely that new obligations will be placed on the mining companies – especially with regard to some form of obligatory contribution to the building and maintenance of transport and power infrastructure near where the mining operations are located.

Brief History of the nationalisation call

The ANC Youth League on nationalisation of mines

Soon after the current leadership of the ANC came to power at the landmark Polokwane conference in December 2007 the ANC Youth League elected Julius Malema as its president (in April 2008).

By the end of that year Julius Malema and the Youth League began proposing that the mining industry be nationalised. This was the essential elements of that proposal:

* an immediate suspension of the issuing of mineral rights and permits;

* the establishment of a state owned mining company;

* the nationalisation – with or without compensation – of fifty percent of all mining operations;

* that licenses only be issued in future on the basis of a 60 percent equity stake being held by the state owned company.

The Youth League drew authority from the historic Freedom Charter document. The document, drawn up in a national consultative process led by the African National Congress in 1955 and adopted at the Congress of the People in Kliptown says of the economy:

“The national wealth of our country, the heritage of South Africans, shall be restored to the people; the mineral wealth beneath the soil, the Banks and monopoly industry shall be transferred to the ownership of the people as a whole”.

Criticism from the Left of the ANC Youth League call

The major critique of the ANC Youth League call was formulated by Jeremy Cronin, Deputy Minister of Transport and Deputy Secretary General of the South African Communist Party (and major ANC intellectual and ideologue).

It is my guess that Jeremy Cronin was deployed by the incumbent leadership of the ANC in the belief that a criticism of the nationalisation call articulated by leading communists would defuse the Youth Leagues claim of militancy and radicalism – and I therefore cover these arguments in detail here.

Cronin argued that the Freedom Charter passage supports the idea that “the people” get the full benefit of the economic resources “not that there be a narrow bureaucratic take-over by the state apparatus and the ruling party’s deployees” (all Cronin quotes in italics in this section from SACP’s Umsebenzi Online Volume 8, No. 20, 18 November 2009).

The state owning important aspects of the economy says nothing, for Cronin, about whose interests are being served:

“Hitler’s Nazi Germany, Mussolini’s fascist Italy, and Verwoerd’s apartheid South Africa all had extensive state ownership of key sectors of the economy.”

So for Cronin the 2002 Mineral and Petroleum Resources Development Act had already gone some way to fulfilling the Freedom Charter’s objectives by explicitly stating:

“… that South Africa’s mineral and petroleum resources belong to the nation and that the State is the custodian thereof ….  In other words, it is the “nation” (with the state as custodian) and not the mining companies that have legal ownership of the mineral resources beneath our soil”.

Cronin argues that the Youth Leagues proposal of nationalising

“mining houses in the current global and national recession might have the unintended consequence of simply bailing out indebted private capital, especially BEE mining interests”.

And further that:

“Many of our gold mines in particular are increasingly depleted and unviable. Some reach costly depths of four kilometres below the surface. Recently the global gold price has bounced back, but it is telling that, unlike in the past, our gold output actually dropped by some 9% in the same period. Our gold mines are simply no longer able to respond dynamically to gold price rises.”

Cronin (while making it clear he thinks “the people owe the mining houses absolutely nothing”) points out that South Africa’s Bill of Rights sanctions expropriation but requires compensation at a price agreed by both parties or determined by the courts.

The bottom-line for Cronin is that nationalisation would do nothing to further the “national democratic struggle”. Rather it;

“would land the state with the burden of managing down many mining sectors in decline … burden the state with the responsibility for dealing with the massive (and historically ignored) cost of “externalities” – the grievous destruction that a century of robber-baron mining has inflicted on our environment. In the current conjuncture, nationalising the mining sector at this point would also probably unintentionally bail-out private capital, in a sector that is facing many challenges of sustainability. The problems of liquidity and indebtedness for BEE mining share-holders are particularly acute.”

Opposition to and support of Youth League call

President Jacob Zuma, ANC Secretary General Gwede Mantashe (who is also SACP Chairman), and Minister of Mineral Resources Susan Shabangu have all explicitly rejected the ANC Youth League’s call – with Shabangu having famously said that the mines would only be nationalised “over my dead body”.

However despite this being the overwhelming position of the ANC and government, the Youth League scored a significant victory by having its proposal placed formally on the ANC’s policy agenda – achieved at the National General Council meeting in September last year.

At that conference Tokyo Sexwale (Mvelapanda Resources and Human Settlements minister) and Bridget Radebe (Mmakau Mining, wife of minister of Justice and Constitutional Development Jeff Radebe and sister of Patrice Motsepe) both came out in support of the ANC Youth League’s call – giving some weight to the now widespread allegation that the Youth League is operating with a hidden and funded agenda to have failing Black Economic Empowerment deals bailed out by government.

Arguing against the call were leading ANC intellectuals Joel Netshitenzhe, Jeremy Cronin and Trevor Manuel. However the ANC incumbent leadership failed to block the Youth League proposal and it is now formal policy of the ANC to investigate the matter and report back for a decision to be made at the centenary National Conference of the ANC which will be held at Mangaung (Bloem) in December 2012.

The ANC’s Economic Transformation Committee

The committee tasked with formulating the ANC’s position on the nationalisation of mines is the Economic Transformation Committee – which has the general brief of investigating the role of the state in economic development and is the natural forum in the ANC to develop a position on nationalisation.

There is not much in the public domain about the proceedings of the committee, but it is my information that Gwede Mantashe is overseeing the work of the committee which is formally headed by Enoch Godongwana (deputy minister of Economic Development and ANC NEC member).

The contributors thus far include those from the ANC Youth League, Joel Netshitenzhe, MZ Ngungunyane, Cosatu, Floyd Shivambu, Paul Jordaan and the National Union of Mineworkers. The full text of the initial contributions can be found in the last five issues of ANC’s internal discussion publication “Umrabulo” (find those on the ANC website at http://www.anc.org.za/list.php?t=Umrabulo).

It is my understanding that those opposed to the nationalisation call – for the reasons that have already been summarised in this report – are attempting to craft a compromise that will allow everyone to save face while allowing government to wrestle a better deal out of the mining companies – as stated in the “My view” section at the start of this report.

It is my understanding that the committee will report back in November this year and I expect the markets to get an indication of how the debate will pan out then. However, it should be borne in mind that the formal conclusion of this debate will only be reached at Mangaung in December 2012 and the noise is likely to continue right up until the last minute.

Cosatu’s shifting sands

The major change of external inputs into my assessment has been a struggle within the Congress of South African Trade Unions that has resulted in a shift away from the federation’s original position which was closely aligned with the view of the SACP and the incumbent leadership of the ANC – as articulated by Jeremy Cronin above.

The last unambiguous statement from Cosatu on this general issue came in the form of a joint communiqué with the SACP on the 24^th of June 2011- I quote it here in full:

“… periods of capitalist crisis are also typically characterized by various forms of right-wing demagogic populist mobilization acting on behalf of various capitalist strata in crisis, but often masked behind a pseudo-left rhetoric. We believe that the same phenomenon is apparent in SA, finding a potential mass base amongst tens of thousands of unemployed and alienated youth in particular. However, behind this populism are often well-resourced business-people and politicians seeking to plunder public resources. We resolved as the SACP and COSATU to close ranks and to expose the true agenda of these tendencies and their connections to corruption and predatory behaviour in the state.”

However, at the Cosatu National Executive Committee meeting a week later a split appeared in Cosatu that has impacted on this debate.

The conflict is complicated but in a nutshell, it is between a faction led by powerful Cosatu Secretary General Zwelenzima Vavi and Irvin Jim of the National Union of Metal Workers (Numsa) of South Africa and a faction headed by leaders grouped around the National Union of Mineworkers (NUM) under Frans Baleni. Broadly the NUM/Baleni faction is supportive of the SACP and the Zuma leadership of the ANC while the Vavi/Jim/Numsa axis has become frustrated with broken promises (concerning both corruption and economic policy) of the Zuma/ANC leadership and would generally seek a more radical socialist or workerist political solution than is being offered by the ANC.

The Vavi/Jim/Numsa faction has over the last month begun courting the ANC Youth League, and attempting to harness the energy coming from this sector for its own ends. This is highly opportunistic as Vavi and Numsa have consistently characterized the Youth League leadership as “right-wing demagogic populist” and the League’s nationalisation call as fronting a corrupt BEE agenda looking to take a double bite out of resources available for transformation.

Rank opportunism or not, the crack in the Cosatu position is adding a new element to nationalisation debate. It is my understanding that the National Union of Mineworkers remains opposed to the ANC Youth League call, but the new element will undoubtedly add some confusion.

The point to remember about Cosatu – a point reiterated by the ANC and government leadership time and again – is that the federation represents a sectional interest. There are obvious reasons why some elements in Cosatu would want the mines nationalised – who wouldn’t want a guaranteed job for life as a Greek style (up until recently) government employee?

It is to NUM’s credit that its president Senzani Zokwana said in November last year that the Youth League was being reckless with the industry and that the League’s call was inspired by rich Black Economic Empowerment recipients looking to get failing deals bailed out by the state and Frans Baleni a month ago reiterated: “It is not only the private sector that has invested (in mines), but the workers with their pension and provident funds have also invested. We should have maturity and the debate should not have political undertones.”

It’s the law!

A key motivator of my view has been that South Africa is bound both formally and informally to agreements – including in the Constitution – that make it impossible to nationalise the mines without full compensation. Nationalising 50 percent of the mines would cost in the region of $130bn. There is no conceivable advantage – and an almost endless downside – for the government to nationalise the mines. Therefore it is not going to happen – although the end result might look like a compromise and might entail the establishment of a state owned mining company, although one with a much smaller asset base and agenda than conceived in the Youth League’s call.

Nothing material has changed that would allow me to change the view – although my confident smile has assumed a slightly brittle quality. Cosatu was never going to be the determining factor in this debate but the weakness of the ANC leadership – in particular the weakness of Jacob Zuma’s presidency – means that I am no longer certain that the centre of the Ruling Alliance can hold.

From the start the nationalisation of mines call has, in part, been a stalking horse for leadership challenges within the ANC and government. I have argued elsewhere that the call has been central to Tokyo Sexwale’s political ambitions and that he has covertly supported the Youth League in this regard for some time.

Now we have an element of Cosatu attempting to forge some form of alliance with the Youth League around the call clearly as part of a strategy to shift the leadership balance within the ANC.

The Youth League itself is using the call for its popular mobilization potential to help push its own candidates (particularly Fikile Mbalula – currently minister of sport) for higher office.

In this environment it would be foolhardy to be overconfident about the call. However it is my opinion that predicting the success of the Youth League call would be the same as predicting the imminent failure of the South African democratic project and state – a view I believe is too extreme and alarmist.

In many ways what is happening now is very much as predicted: the situation will be full of sound and fury right up until a decision is made at the end of 2012.

Julius Malema and predicting the future you want

The déjà vu is washing over me like the phantom symptoms of a late winter bout of hypochondria.

I remember the lead-up to Polokwane.

The thuggish crowds outside Jacob Zuma’s court appearances.

The man we had known was in Shaik’s pockets since 1993, he who famously couldn’t keep it in his pants, the rape accused shower-after-baby-oil-sex to fend off HIV/AIDs who had only been doing his Zulu man duty by her, Umshini wami mshini wam …  it was entirely impossible that my ANC would ever allow this man to rise to the venerable chambers previously occupied by heroes of the stature of Oliver Tambo and Nelson Mandela … and kept lukewarm by Mbeki’s occasional visits.

And my paying clients insisting I make a call: will he become president?

Well, say I, Mbeki only appointed him deputy because he needed to fend off the challenge from Winnie a-fate-too-awful-to-be-contemplated-by-the-financial-markets Madikizela-Mandela. He had a certain ethnic appeal, so to speak, in the Inkatha heartlands of Kwazulu-Natal but Mbeki knew no-one would ever seriously propose him as president!

And as I knew, you don’t bet against Thabo Mbeki, the master of palace politics …

… and now here we are again.

The weekend the charges against Malema were announced, SARS, the Public Protector and the Hawks were reportedly deep into investigations of their own.

How could Malema hope to sell himself as a victim just as his lifestyle and his predation on the public purse became the subject of such intense scrutiny?

Can the man whose clothes and accoutrement cost the annual income of any twenty of the youths he hopes to represent … represent them or gain their sympathy?

Yes! I need to shout in my own ear. Yes they can … they have … they will again.

Maybe not this time.

This situation has its own dynamics and there is no point in second guessing what the ANC Disciplinary Committee might decide after it finishes meetings this week – but we mustn’t pretend to ourselves or anyone else that we can tell the future.

Will Malema’s minions brute about the streets wearing 100% Juju t-shirts and threatening to fight to the death for their … leader?

Will this sway the process?

Where is the unswayed process going anyway?

There are only two things I know for sure.

The first is that I do not know what the future holds for Julius Malema. He could be banished from the ANC. His disciplining might  provoke a backlash that conceivably could lead to Zuma’s downfall and to Mangaung being an even more corroding rerun of Polokwane. He might disappear into obscurity in the wasteland that (until very recently) has been politics outside of the ANC. He might spend a few years in the wilderness and return chastened and wiser and work his way back to becoming the coming man.

The second thing I know for sure is that my desire for particular outcomes is a serious barrier to me thinking sensibly about which outcomes are most likely.

I know this is not a great and profound insight – nor am I here on the road to Damascus or any particular destination; intellectual, metaphorical or spiritual.

I do hear the breathless clamour of the prediction and analysis industry prophesying the best and the worst of all possible worlds – depending on the emotional predisposition of their target market.

Predicting the worst is often a mistaken attempt to warn against a particular course of action … it’s a political act and an act of propaganda.

Predicting the best is often a semi-religious act, a sort of shamanistic incantation, willing a particular future into the present.

For me, I admonish myself daily:

It is okay to hope the ANC will rediscover its soul and its leaders their long-lost spines. But hoping for a thing does not make it more probable. No-one knows what is going to happen with Malema. So sit on your hands and wait like the rest of us.

Complex, unstable and unpredictable

We are the ape with the pattern recognition dial cranked up high and this has served us well over our evolutionary history.

But when we assess risk in systems as complex as the global economy our instinctive wariness at the sudden silence in the Palaeolithic forest is not necessarily useful – and might be part of a warning system directly implicated in us getting things wrong in the complex and networked world in which we live and act.

The billions of tons of grinding debris in the violent waters surging over Japan’s eastern coast seem part of a flood of dangerous chaos and instability stretching from the sovereign debt markets through the shifting front lines in Libya to the meltdown at the Fukushima  nuclear power facility.

Two months ago the theatre of the world seemed to be playing to a comforting old script we all knew.

Today it feels like anything might happen – and it probably will.

Let me not pretend to expertise on plate tectonics, but the clearest and most current metaphor that best explains how we should think about the world and the global economy is the state of the earth’s crust east of Japan just before Friday’s quake.

The Japanese main island of Honshu is unique in the world in that it is at the meeting point of four of the Earth’s fourteen major tectonic plates.

Plates driven by convection in the plastic rock below (in the asthenosphere) meet each other with a gradual build up of complex pressure and stresses, which are, in truth, continent smashing in their power and potential.

After sometimes extended periods of apparent stability the stresses reach a point at which they are suddenly released and one or more plate(s) move(s) violently – in this case the Pacific Plate jerks in the direction it has been pushing all along: deep underneath Honshu.

And then follows a sequence that might, with the benefit of hind site, look like tumbling dominoes in one of those endlessly complicated but strangely compelling set piece knock downs (only click here if you have the patience and bandwidth for watching endlessly toppling supermarket products – the Balkan juice  boxes are the most mysterious.)

First the quake: 8.9 on the Richter Scale, making it the 5th most powerful earthquake ever recorded. Then the seabed buckles over hundreds of square kilometres displacing a huge volume of water that sends a whole series of giant waves travelling at over 600 km/h in every direction, giving the Japanese authorities less than 15 minutes to react.

Then consider if you will the extended shuddering cascade of triggers and causality that will travel into the future – think of it as a wave that unlocks energy, destructive or otherwise, inherent in the situations and objects it encounters, rather than the cause of what happens.

Beyond the immediate human tragedies of loss, displacement, suffering and death there is long-term infrastructure damage, economic catastrophe in the already stretched insurance industry, political turmoil from a populous that will accuse the politicians of not having prepared adequately, an unfolding nuclear crisis and sundry other effects and consequences that we can all speculate about, but will likely be a surprise anyway.

The point is that while we can attempt to model such systems, beyond a certain level of complexity there is almost nothing we can say with certainty about how things will unfold.

While you consider these waves spreading out from the disaster that has struck Japan,  bursting other bubbles, causing other wound up instabilities to suddenly unwind, consider the ripples of this earthquake meeting the ripples of the oil supply shock rooted in the political turmoil in North Africa and the gathering force of the the sovereign debt crisis in Europe and elsewhere.

“Why” is not the question

When tragedy strikes us, particularly the personal, catastrophic and traumatic kind – a fatal car accident, a murder or the unexpected suicide of a family member – our first self-protective act is to grasp for an explanation.

Our initial need is for something simple, some prime cause that can give us the limited comfort of being able to say to ourselves: “This is why it happened”.

Fredrick Nietzsche {here quoted from”Ubiquity: The Science of History – or Why the World is Simpler Than We Think” by Mark Buchanan (Crown 2000) – it’s heavy going but well worth the effort} said:

To trace something unknown back to something known is alleviating, soothing, gratifying and moreover a feeling of power. Danger, disquiet, anxiety attend the unknown – the first instinct is to eliminate these distressing states. First principle: any explanation is better than none…The cause-creating drive is thus conditioned and excited by the feeling of fear….

In the world in which we live, no explanation is almost always better than an incorrect one. At least then you know you don’t know – which is a slight protection in itself.

There is no new tide of chaos sweeping the world. This is the world as it has always been: interconnected in dizzyingly complex ways and apparently both deeply unstable and unpredictable.

But we have never lived the world at this level before. When twitter and Facebook and Al Jazeera TV and immediate images of the terrifying dark swirling waters engulfing the Japanese coast are brought together in our sensory universe in the same moment our evolved risk assessment tools are inadequate.

We are seeing the world not at the human scale of the hunter in the suddenly quieted forest. This is the world from a perspective that humans previously imagined was only available to their gods.

As individuals we are still essentially the same animal as that palaeolithic hunter in the primal forest.

But collectively we have recently gained the technology to see – if not fully understand – what is happening way beyond the forest, way beyond the world.

It will be a collective endeavour (through states and various other forms of human organisation) to make that information useful to us – as such forms of organisations have imperfectly striven to do in the past.*

Already Tsunami Warning Systems have saved hundreds, perhaps thousands of lives over the last few days and Twitter and Facebook have kept millions of Japanese families in touch with the world and each other.

But we are only at the very beginning of the journey towards the kingdom where our collective ability to generate and harness vast streams of data will become meaningful and intelligible to us as individuals.

For now it is enough to say: when dealing with the world in all its complexity, don’t trust your instincts.

Luckily for us “pattern recognition” is not the only reason we have survived as we have.

“Adaptability” is this primate’s main strength and with the finger pressed firmly on the fast forward button of technological advancement we are going to need every edge we can get.

*The struggle between ourselves as individuals and the collective elites, governments and national secret agencies that previously attempted to monopolise this information and act on it to further their own interests – as often as not incompetently and mistakenly – is the subject of another discussion, although an important and linked one.