NATIONAL DIALOGUE ON PRIVATISATION AND RESTRUCTURING OF THE LESOTHO
ECONOMY: MASERU, 1-2 SEPTEMBER 1999
PRESENTATION BY MR. M.T. MASHOLOGU- DIRECTOR OF PRIVATISATION UNIT
Right Honourable the Prime Minister,
Honourable Deputy Prime Minister,
Honourable Ministers,
Your Excellencies,
Distinguished Guests,
Ladies and Gentlemen,
HAZARDS OF PRIVATISATION IN LESOTHO:
1. One of the reasons why the Government of Lesotho has convened this
important National Dialogue is the high level of discomfort which the
policy of privatisation has aroused among many citizens. The hazards
take many forms. Privatisation has been discussed in Lesotho since 1993,
but at first it attracted little attention because it was too new, and
because it seemed far away. Today Privatisation has become familiar. It
is actually happening. It has become the subject of heated political
debate. Some people defend it, others oppose it. Workers worry seriously
about the possibility of losing their jobs. Some people worry that state
enterprises are being sold to foreigners. Other people worry about the
process itself: either it is happening too soon or too fast for some, or
too slowly for others. Some people complain about the procedures: they
claim that the procedures are too complicated or not sufficiently
transparent. The scrutiny of enterprises during the Privatisation
process has sometimes revealed corrupt practices in the enterprises
which had been hidden from public view in the past. This difficult
situation is further complicated by the fact that despite strenuous
efforts the government does not seem to have yet found the best way of
giving information about privatisation to counter the vast amount of
disinformation that privatisation has generated.
2. THE NEED FOR ASSURANCES ABOUT PRIVATISATION:
There is no denying the fact that in Lesotho as in most countries
Privatisation is a revolutionary process that calls for major changes in
the way the economy is managed. Privatisation first and foremost means
the transfer of Government owned enterprises, or their parts or shares
into private sector hands. We have to acknowledge that some people are
afraid of change itself simply because it means movement from familiar
ways of doing things to the unknown. It is natural that people should
want some assurance that the new system will indeed produce positive
results. The fundamental questions that are being asked are whether
Private Sector ownership of key enterprises will deliver better service,
increased employment opportunities, faster development, and lead to a
better allocation of limited national resources for education, public
health and judicial services and road infrastructure development which
would still remain the direct responsibilities of Government. Almost all
observers of privatisation programmes agree that the positive results of
privatisation take around two years before they can be seen and be felt
by consumers.
3. THE LIMITATIONS OF STATE ENTERPRISES:
Privatisation may not be a panacea that will solve all of Lesotho's
problems, but it is part of economic restructuring to address some of
Lesotho's chronic problems. The Lesotho economy suffers from a high
unemployment rate where up to 45 per cent of the adult work-age
population are without jobs. The Government Sector has reached its
saturation point where it cannot create more jobs. The Private Sector is
therefore being called upon to provide new capital investment, new
managerial skills, new market and supply linkages, in order to generate
new jobs. We have the example of a typical state enterprise in Lesotho
Telecommunications Corporation, a hundred per cent state- owned,
loss-making company (M3.9 million loss in 1996) which has reached
saturation point with 20,000 telephone installations. On its books are
20,000 applicant customers who Lesotho Telecommunications Corporation
cannot connect and service because of lack of capital and capacity. In
theory one way of helping this company to meet demand would be for
Government to seek a big loan, that is further increase national debt in
order to provide fresh capitalisation for Lesotho Telecommunications
Corporation. Yet even with that line of action there would be no
guarantee that the existing demand would be met because of the chronic
low productivity of the company where one employee services an average
of 25 line connections compared to 188 lines per employee in Western
European countries. With the best will in the World Lesotho state
enterprises suffer chronically from shortage of capital, shortage of
implementation capacity, and from low productivity.
4. OBJECTIVES OF PRIVATISATION:
Privatisation of a State enterprise such as Lesotho Telecommunications
Corporation is expected to achieve many objectives which include
provision of new capital investment, introduction of new technology,
rapid expansion of Services, and removal of the distortionary need for
state subsidies to the Corporation thereby releasing budget resources
for other national needs. Finally the object of privatisation is
increased efficiency in meeting demand. Yes, the privatisation process
of Lesotho Telecommunications Corporation will initially lead to job
losses because the company was overstaffed for present level of
services. However it is anticipated that when the corporation is
privatised and is able to expand its services even to rural areas to
meet pent-up demand, new jobs will be created. Rapid expansion of
service delivery and of employment is anticipated in other key sectors
with the introduction of Private Sector participation. For example
Lesotho has currently the lowest service delivery of electricity in the
Southern African Development Community with only 2 per cent of Basotho
having access to electricity. It is envisaged that with Private Sector
participation the access to electricity in Lesotho would be
significantly stepped up with faster installation and expansion of
lines.
5. DIFFICULTIES OF MARKETING LESOTHO STATE
COMPANIES:
It has to be understood that there is absolutely no barrier to private
sector interests in Lesotho bidding for ownership of state companies
such as Lesotho Telecommunications Corporation so long as they can
mobilise the required capital and management capabilities. In fact it is
government policy to encourage and favour any local groups that might
put together a proposal with potential. Telecommunications is a high
technology business well known for rapid changes in keeping with new
scientific advances. Therefore those who bid for Lesotho
Telecommunications Corporation must also show evidence of being able to
provide or access the required levels of technological expertise There
are 14 other African countries embarking on privatisation of their
telephone companies at the same time as Lesotho. Already Lesotho is
handicapped by the potentially small local market in comparison with
countries like Tanzania or Mozambique. The poor condition of Lesotho
Telecommunications Corporation is also not likely to excite the market.
The poor financial record of many companies in the Lesotho Privatisation
Programme has been a major handicap as shown by companies such as
Basotho Fruit and Vegetable Canners which has been in the market for
over 2 years without attracting a buyer. Finally the successful
marketing of state enterprises depends on whether the country is
investor friendly: whether licenses and permits are readily available;
and whether there are good dispute resolution mechanisms such as a
functioning Commercial Court system.
6. LESOTHO PRIVATISATION LAWS:
It is absolutely necessary to have relevant laws and regulations to
govern the privatisation process and particularly to eliminate
arbitrariness. The Laws also provide protection of the assets, and
general guidance for those who manage the process. In Lesotho the
Privatisation of State enterprises is implemented in accordance with the
Privatisation Act of 1995, and the Privatisation Regulations of 1997.
These laws spell out the procedures that have to be followed in each
privatisation. These procedures have been adhered to by the
Privatisation Unit and the Cabinet. It has been observed by many outside
critics that the procedures laid down by the Lesotho Privatisation Act
and Regulations are cumbersome and slow. For instance it requires at
least three rounds of Cabinet approvals to secure a full privatisation
of one company. This is considered excessive, but it is certainly the
law as it stands today because Parliament wanted Cabinet to oversee
every step in the process.
7. THE HANDICAPS OF PARTICIPATION BY CITIZENS:
Some critics of the Lesotho Privatisation Programme have also expressed
concern at the glaring lack of Basotho participants as bidders and
investors. This matter has also concerned the Privatisation Unit and
last year the Unit conducted a short study which revealed that the main
causes for lack of Basotho participants were lack of money and lack of
understanding of the privatisation market process including how to
prepare bid proposals, how to contact strategic partners and how to
mobilise finance from local and foreign sources. There also seemed to be
a disturbing resignation that business in Lesotho was going into foreign
hands anyway. From the Privatisation Unit we have to admit that the
programme commenced with huge enterprises that required high levels of
capital such as Lesotho Flour Mills, and some which were also risky
loss-makers such as Lesotho Airways Corporation. A more fundamental
shortcoming was lack of a mechanism for the purchase and sale of shares.
After the failure to establish a Stock Exchange plans are almost
complete to launch an Investment Trust Fund whereby Basotho can buy
shares in the privatised companies such as Lesotho Flour Mills.
8. THE ROLES OF GOVERNMENT:
The privatisation process does not mean that the Government is
abandoning all participation in the national economy. Government has a
duty to create and enforce a strong regulatory framework for all
business activities in conditions favourable to development and private
sector investment while protecting consumers from exploitation. One of
the conditions for the privatisation of Lesotho Telecommunications
Corporation for instance is the enactment of Telecommunications Law to
regulate this important sector. Regulatory Laws are also being prepared
for the Water and Electricity Sectors before privatisation. The
Government also has a duty to maintain a stable banking and financial
services sector - that I leave for the Governor of the Central Bank of
Lesotho to explain. My point is simply to emphasise that the Government
is not expected to abandon its duty to protect is citizens because of
privatisation.
9. A NEW PARTNERSHIP:
The implementation of the privatisation programme in Lesotho has been
slow as we all had to go through a learning curve in which we had to
deal with the peculiar difficulties and hazards which we have described.
The condition of the major state enterprises in all sectors by the end
of 1995 showed that practically all of them needed major restructuring
with Private Sector participation if they were to survive. In spite of
privatisation Air Lesotho has since collapsed because it could not cope
with competition from a rival company in our restricted travel market.
On the other hand Lesotho Flour Mills is thriving, and soon shares will
be floated through the Investment Trust Fund. A new and dynamic Smart
Partnership among State, Business, and Labour could be emerging. The
state will have leaner, and more sharply defined roles of regulation and
providing a facilitative environment. The Private Sector will identify
and pursue business opportunities to provide affordable and efficient
services. Labour will benefit from merit based recruitment and promotion
as well as incentive driven compensation. These are goals which seem
well worth pursuing even if the road may be occasionally hazardous.
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