A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to...

27
PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities: state as an owner – ownership policy, execution of state interests and fostering of public-private dialogue Ljubljana, Slovenia 5 - 6 September, 2011 (PEEPA)

Transcript of A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to...

Page 1: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE

Presentation to High Level Meeting of the State Ownership Authorities: state as an owner – ownership policy, execution of state

interests and fostering of public-private dialogue

Ljubljana, Slovenia

5 - 6 September, 2011

(PEEPA)

Page 2: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

PRESENTATION OUTLINE

Botswana: History and Geography

Map of the World

Botswana – Political /Administrative Setup

Botswana Economy

Botswana – International Relations

PEEPA’s mandate

Public Entities and Privatisation

The Private Enterprise landscape in Botswana – ownership model

Botswana Public Enterprise by Ownership and Classification2

Page 3: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

PRESENTATION OUTLINE... CONT.

Botswana Public Enterprise – fulfilling commercial and non-commercial objectives

Botswana Public Entities – Contribution to GDP

Botswana Public Enterprises – Board Nominations

Botswana Public Enterprises – Board Nomination Approach

Rationale for Current Board Nomination Approach

Board Nomination Approach – Challenges

Performance Monitoring and Evaluation

Opportunities for improvement

Conclusions 3

Page 4: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

BOTSWANA - HISTORY & GEOGRAPHY

Botswana became Independent on 30th September,1966 after 80 years as a British Protectorate

Botswana is a landlocked, semi-arid country of 582,000 km 2(about the same size as Kenya and France).

It is located in Southern Africa and shares a border with Angola, Zimbabwe, South Africa, Namibia and Zambia. (see map)

The population was estimated at 1.8 million in 2008

4

Page 5: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

Map of the World

5

Botswana is a landlocked, semi-arid country of 582,000 km2 (about the same size as Kenya and France).

It is located in Southern Africa and shares a border with Angola, Zambia, Zimbabwe, South Africa and Namibia.

Page 6: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

BOTSWANA - POLITICAL / ADMINISTRATIVE SET-UP

Constitution of Botswana provides for 3 arms of government:

Legislature- Members of the National Assembly are directly elected from the constituencies.

Judiciary - An independent judiciary with a High Court presided over by the Chief Justice. Subordinate courts are Magistrates’ Courts and Customary Courts

- A Court of Appeal deals with appeals from the High Court.

The Executive- The President is head of the Executive arm of Government and presides over Cabinet. President selects his Ministers from among the members of the National Assembly.

6

Page 7: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

BOTSWANA - ECONOMY

Economy continued to show signs of steady recovery from the effects of the 2009 global recession.

Gross domestic product (GDP) grew in real terms at an annual rate of 10.8% in the first nine months of 2010, compared to a contraction of 3.7% in 2009.

The main contributor to the turnaround has been mining sector output, which increased by 21.9% compared to a decrease of 27.1% in 2009. Non-mining GDP grew by 6.5% in 2010 compared to 6.2% in 2009

The mining sector accounted for 30.8% of total GDP, up from 25.9% in 2009, but still below the longer-term trend level of close to 40 percent.

7

Page 8: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

BOTSWANA – ECONOMY cont.

The forecast is that in real terms, the economy will grow by 6.8% in 2011 and 7.1% in 2012

Forecast Total GDP in current prices for the current financial year will be P101.59 billion (US$14.5 billion), followed by P109.5 billion (US$15.7 billion) in 2011/12, and P118.1 billion (US$16.9 billion) in financial year 2012/13.

Botswana GDP per Capita at current prices was reported at P45,874.54 (US$6,533.57) in 2009, according to the International Monetary Fund (IMF).

In 2015, Botswana's GDP per Capita at current prices is expected to be P81,395.00 (US$11,628.00)

8

Page 9: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

BOTSWANA - INTERNATIONAL RELATIONS

The country is a member of various international organisations, such as:

United Nations World Bank International Monetary Fund World Trade Organisation African Union and regional bodies, such as the Southern

African Customs Union (SACU) and the Southern African Development Community (SADC).

SADC Headquarters located in Gaborone, Botswana.

9

Page 10: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

10

PEEPA’s mandate entails..

Advising Government on matters related to privatisation and subsequent implementation

Privatisation Policy for Botswana mandates PEEPA to :

Advise Government on appointment of directors of PEs and monitor their performance.

Review objectives of existing parastatals and set objectives of entities to be commercialised and/or corporatised

Assist Government in setting performance targets of PEs

Monitor performance of PEs in meeting their objectives

PEEPA’S MANDATE

Page 11: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

11

PES AND PRIVATISATION

Botswana has a National Privatisation Policy – adopted 2000

Aimed at improving service delivery and enhancing efficiencies

Managed by the Ministry of Finance & Development Planning (MFDP)

PEEPA established to implement the Policy

Involves different forms of Privatisation; e.g. Outright Sale, Part Sale, Commercialisation, Restructuring

Some transactions being implemented (e.g. BTC, NDB, mergers)

Page 12: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

12

Botswana has adopted the decentralised PE Ownership model

PEs belong to different line Ministries who are the shareholders

The line Ministers appoint Boards of Directors of the PEs that report to them

Most of the PEs are established through Acts of Parliament as statutory corporations while some are established as companies through the Companies Act

PEs are set up as autonomous bodies with their own corporate identities, they get policy direction from the line Ministries, based on the National Development Plans (NDP) and Ministry Strategic Plans.

The mandates of PEs are normally spelt out in their establishing documents.

THE PUBLIC ENTERPRISE (PE) LANDSCAPE IN BOTSWANA – OWNERSHIP

MODEL

Page 13: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

13

PEs submit periodic performance reports to their line Ministries. PEEPA PE review exercises have however, established that oftentimes, PEs are given too much autonomy to set their own targets.

The Governance of PEs is normally provided for in the establishing documents

THE PE LANDSCAPE IN BOTSWANA – OWNERSHIP MODEL (CONT.)

Page 14: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

BOTSWANA PUBLIC ENTERPRISES BY OWNERSHIP AND CLASSIFICATION

Ministry Revenue Generating PEs

Non-Revenue Generating PEs

Agriculture Botswana Agricultural Marketing BoardBotswana Meat CommissionBotswana Vaccine InstituteBanyana (PTY) Ltd

Botswana College of Agriculture

National Food Technology Research Centre

Lands and Housing Botswana Housing Corporation

Minerals, Energy & Water Resources

Botswana Power CorporationWater Utilities Corporation

Water Apportionment Board

14

Page 15: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

BOTSWANA PUBLIC ENTERPRISES BY OWNERSHIP AND CLASSIFICATION- continued

Ministry Revenue Generating PEs

Non- Revenue Generating PEs

Finance and Development Planning

Botswana Development CorporationBotswana Savings BankNational Development BankBank of Botswana

Botswana Privatisation Asset HoldingsBotswana Institute for Development Policy AnalysisBotswana Stock Exchange Botswana Unified Revenue ServiceFinancial Intelligence Agency International Financial Services CentreMotor Vehicle Accident FundNon-Bank Financial Institutions Regulatory Authority Public Enterprises Evaluation and Privatisation AgencyPublic Procurement and Asset Disposal BoardSelebi Phikwe Economic Diversification UnitStatistics Botswana

Ministry of Transport & Communications

Air Botswana Botswana PostBotswana RailwaysBotswana Telecommunications AuthorityBotswana Telecomms Corporation

Civil Aviation Authority

15

Page 16: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

BOTSWANA PUBLIC ENTERPRISES BY OWNERSHIP AND CLASSIFICATION- continued

Ministry Non-Revenue Generating PE

Non-Revenue Generating PE

Education and Skills Development

Botswana Examinations CouncilBotswana College of Distance and Open LearningBotswana International University of Science and TechnologyTertiary Education CouncilBotswana Training AuthorityUniversity of Botswana

Infrastructure, Science & Technology

Botswana Innovation Hub Botswana Technology CentreRural Industries Promotions Company

Environment, Wildlife & Tourism

Botswana Tourism Organisation

16

Page 17: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

BOTSWANA PUBLIC ENTERPRISES BY OWNERSHIP AND CLASSIFICATION- continued

Ministry Revenue Generating PEs

Non-Revenue Generating PEs

Trade and Industry Citizen Entrepreneurial Development Agency

Botswana Bureau of StandardsBotswana Export Development & Investment AuthorityCompetition Authority Local Enterprise Authority

State President Botswana National Productivity Centre

17

Page 18: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

18

Some sectors such as Telecommunications have clear policies for Universal Service obligations, while the rest of the sectors are still lagging behind, with no clear policy.

It is therefore common to find PEs with dual mandates, or tasked with carrying out both commercial and non-commercial activities.

PEs are treated as arms of government therefore required to fulfil developmental role of government

As part of the broader Corporate Governance Framework, PEEPA is advocating for the adoption of a PE ownership Policy in Botswana and performance contracting between PEs and the Shareholder (Government) which should spell out the obligations of both parties, including how social obligations would be financed.

Line ministries operate as owners and regulators of PEs

BOTSWANA PUBLIC ENTERPRISES –FULFILING COMMERCIAL AND NON-COMMERCIAL OBJECTIVES

Page 19: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

19

BOTSWANA PUBLIC ENTERPRISES –CONTRIBUTION TO GDP

Page 20: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

20

   

BOTSWANA PUBLIC ENTERPRISES– BOARD NOMINATIONS

Board compositions are provided for in the establishing Acts/ Constitutions.

Ministers usually appoint senior Ministry officials to serve on the Boards of PEs falling under their portfolio.

Following the approval of the Privatisation Policy of Botswana of 2000, Ministries are now required to seek the assistance of PEEPA in identifying candidates to be considered for Boards of PEs

There is provision for candidates from the private sector to be appointed to PE boards to bring private sector expertise

As a result there has been an increase of board members from the private sector

Page 21: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

21

BOTSWANA PUBLIC ENTERPRISES –BOARD NOMINATION APPROACH

Page 22: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

22

The board nomination process is intended to:

Introduce a transparent merit based director selection process

Achieve a balanced board with respect to expertise and skills

Identify and reduce risk of nominating members who may be over committed

Identify potential conflict of interest

Achieve continuity in the Board functioning by staggering Board Membership tenure

Promotes good corporate governance

RATIONALE FOR CURRENT BOARD NOMINATION APPROACH

Page 23: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

23

Identified challenges include:

Adoption of transparent merit based board nomination process not mandatory

Restrictive provisions in some constitutive documents on Board Membership

Appointment of public servants not based on transparent merit based approach

Adherence to good Corporate Governance principles generally not enforced

Lack of Board performance evaluation

BOARD NOMINATION APPROACH - CHALLENGES

Page 24: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

24

Principal approach has been through annual PE Performance reviews, aimed at:

establishing alignment of PE’s strategy with developmental expectations, plans and sector policies

determining achievement of PEs developmental objectives and resultant impact

assessing adequacy of resourcing and internal resource utilisation

evaluating long term financial sustainability of PE

evaluating adoption of good corporate governance practices

Assessing opportunities for private sector participation

PRIVATE ENTITY PERFORMANCE MONITORING AND EVALUATION

Page 25: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

25

Adoption of Corporate Governance Framework by PEs

Adoption of Botswana Corporate Governance Code

Managing Commercial VS developmental roles

Adoption of an over-arching PE ownership policy

OPPORTUNITIES FOR IMPROVEMENT

Page 26: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

26

Ownership model requires improvement

Need to separate regulation from ownership

Develop a clear PE ownership policy

Promote private sector participation for efficiency enhancement

Continue to increase Board Members from the Private Sector

There are many lessons to be learnt from other regions

CONCLUSIONS

Page 27: A a a PEEPA presentations PUBLIC ENTERPRISES IN BOTSWANA: OWNERSHIP AND GOVERNANCE Presentation to High Level Meeting of the State Ownership Authorities:

a

a

PEEPApresentations

THANK YOU

27

Public Enterprises Evaluation and Privatisation AgencyPlot 50370, 2nd Floor, Twin Towers, East WingFairgrounds Office ParkPrivate Bag 00510Gaborone

Tel: +(267) 3188807Fax: +(267) 3188662Email: [email protected]

www.peepa.co.bw

CONTACT DETAILS