2017 SACCI Press releases.

May 2017

Dear Member,

The Mandela Institute at the Wits School of Law will be hosting a public lecture by an eminent competition lawyer, Professor Eleanor Fox of New York University.

Members who have an interest in competition law are invited to attend in order to hear the views of a recognised expert in the field of competition law.

Please make use of the link below to RSVP no later than 12 July 2017.

INVITATION

 
The Mandela Institute cordially invites you to a lecture on:

Abuse of dominance as a competition law violation:
Is the law a paper tiger?
What work does it do to help the people?

This lecture will explore the reach and bite of abuse of dominance laws around the world, their convergences and divergences.  It will reflect on dominant firm strategies both to exclude and to exploit, as well as strategies to innovate and sell more and better goods. 

To be delivered by
Professor Eleanor M. Fox

 
   

 

Scholar and teacher of competition law, European Union law, and issues of global governance and economic development. She is the Walter J. Derenberg Professor of Trade Regulation at New York University School of Law.

Date:      Wednesday, 19 July 2017
Time:      18h15 for 18h30
Venue:   Chalsty Centre, School of Law, Braamfontein Campus West,
                University of the Witwatersrand, Johannesburg
 

Refreshments will be served following the lecture.
 

RSVP: By 12 July

 

 

CLICK HERE TO RSVP
 

 

 

 

 

 

 

 

 

 

 

 

April 2017

4 April 2017

SOUTH AFRICA REVISED TO JUNK STATUS BY S&P

The South African Chamber of Commerce and Industry (SACCI) notes with disappointment, that on April 3, 2017, S&P Global Ratings lowered the long-term foreign currency sovereign credit rating on the Republic of South Africa from ‘BBB-‘ to ‘BB+’ and the long-term local currency rating to ‘BBB-‘ from ‘BBB’. S&P also lowered the short-term foreign currency rating from ‘A-3’ to ‘B’ and the short-term local currency rating from ‘A-2’ to ‘A-3’.

S&P has in their Rationale paragraphs, listed the following reasons for the downgrade:

– The divisions in the ANC-led government that have led to changes in the executive leadership, including the finance minister, have put policy continuity at risk. S&P further believes these delays could lead to fiscal and structural reforms, and potentially erode the trust that had been established between business leaders and labour representative

– South Africa’s pace of economic growth remains a ratings weakness. It continues to be negative on a per capita GDP basis. While the government has identified important reforms and supply bottlenecks in South Africa’s highly concentrated economy, delivery has been piecemeal in our opinion

– Contingent liabilities to the state, particularly in the energy sector, are on the rise, and that previous plans to improve the underlying financial position of Eskom may not be implemented in a comprehensive and timely manner.

– Ongoing tensions and the potential for further event risk could weigh on investor confidence and exchange rates, and potentially drive increases in real interest rates The increased risk that nonfinancial public enterprises will need further extraordinary government support

These identified risks that have led us to this point require urgent intervention from the Presidency and the Cabinet. We urge government to seriously consult as widely as possible on any political decision which may impact the economy of South Africa. The downgrade will result in South Africans capacity to access foreign bonds from international markets as being prohibitively expensive as interest rates will be higher and the knock on effect on the entire economy will be highly corrosive e.g. higher inflation rate, increase in the cost of food and fuel, effectively affecting the consumer who is currently under financial pressure. Further this will undermine efforts to sustain the growth in social programmes that counteract the effects of poverty and inequality.

The government needs to be very clear and decisive to maintain stability in fiscal policy and provide monetary policy certainty. The changes at executive level, including at ministerial and deputy level, has raised doubt on whether this level of discipline will be maintained. We request the government to work with its social partners (labour, business and communities) to ensure that this area of policy uncertainty and stability is not compromised further.

The government needs to address issues of governance and contingent liabilities incurred in the energy sector. This is becoming an issue that the rating agencies have raised which can cause fiscal strain as the impact of commitments may not become fiscally prudent.

SACCI is further concerned about the implications for business confidence in these difficult economic conditions. We urge the government to redouble its efforts to work with business, labour and other key stakeholders in urgently addressing the gaps in governance, address issues of negative perceptions and restore confidence that the ratings agencies require in order to make South Africa a sustainable investment destination. 

Contact:

SACCI CEO    Mr Alan Mukoki

SACCI President Mr Zeph Ndlovu

South African Chamber of Commerce and Industry (SACCI)

Tel: +27 11 446 3800

SACCI PRESS RELEASE

Wednesday, 5 April 2017

Business Confidence under Pressure 

SACCI today released the March 2017 SACCI Business Confidence Index (BCI) at its Offices in Rosebank, Johannesburg.

The SACCI Business Confidence Index (BCI) pulled back by 1.7 index points to 93.8 in March 2017 from 95.5 in February 2017. This is the first month since November 2016 that the SACCI BCI declined year-on-year after it improved year-on-year for three consecutive months in December 2016, January and February 2017.  The BCI is nearly four index points lower than the high of 97.7 in January 2017. 

Towards the end of March, developments extraneous to the economy abruptly upset the momentum of further improving business confidence. The March 2017 SACCI BCI, however,  does not yet capture the full impact of uncertainty that was created as these developments  commenced on the 24th of March 2017 when the  Minister of Finance was recalled from an overseas investment roadshow before relieved of responsibilities on the last day of March. 

The latest events dented the renewed positive motion of the BCI after the uncertain business climate in 2016. The developments since the 24th of March up to the release of the Standard and Poor’s downgrading, at this stage mainly impacting on the exchange rate and capital markets, would have knocked 0.6 index points off the SACCI BCI to read 93.2.

If the rand continues on these exchange rate levels, the SACCI BCI could therefore shed another 0.6 index points in April 2017. Taking into account that no further repercussions will follow on the reshuffling of the cabinet and South Africa’s credit rating will not deteriorate further.  

The year-on-year changes in the sub-indices show that the business climate deteriorated from February 2017 to March 2017; however, the 1st quarter 2017 BCI was still 2.6 index points better than the 1st quarter of 2016. The stronger rand exchange rate made the largest positive year-on-year contribution to the BCI followed by lower inflation. Substantially less merchandise import volumes, higher real financing cost and lower share prices than a year ago made the largest negative year-on-year contributions to the business climate.

All indications are that economic growth will depend on whether fiscal consolidation will prevail while prudent public sector governance continues. It is important that there is adherence to the advice of the credit rating agencies to keep attending to serious structural economic deficiencies.

Tenacity amongst business will prevail while SACCI, in a press release on the 31st of May 2017, stated that ”…….business strongly believes that some measure of prudence is exercised to avoid the subsequent knock-on effect such decisions are likely to have on the economy of our country. On the political front it is our call as business formation that there be cooperative partnership in managing sensitivities that may adversely impact our risk profile in international markets.”

For a full background to this month’s SACCI BCI see the Economic Commentary in the BCI report on www.sacci.org.za.

For more information, contact:

Alan Mukoki                            SACCI CEO                              011 446 3800

Richard Downing                    SACCI Economist                     082 822 5566

March 2017

TAX Update

Dear Stakeholders

 

As you are aware that the Tax Ombud Judge Bernard Ngoepe wrote a letter to Finance Minister asking for approval to investigate complaints regarding delayed repayments of tax refunds by SARS, below is the media statement that has been issued to the media for your attention.  

MEDIA STATEMENT

ISSUED BY THE OFFICE OF THE TAX OMBUD

FOR IMMEDIATE RELEASE

TAX OMBUD TO INVESTIGATE COMPLAINTS AGAINST SARS RELATING TO ALLEGED UNDUE DELAY IN THE PAYMENT OF REFUNDS

The Tax Ombud, Judge B M Ngoepe, confirms that he requested, and obtained, the approval of the Minister of Finance to review the alleged prevalent undue delays by the South African Revenue Service in paying out tax refunds. The Minister’s approval was required in terms of section 16(1)(b) of the Tax Administration Act 28 of 2011. This will be the first such review and follows recent amendments to the Act; the amendments came into operation on 18 January 2017. The review will be on all categories of tax refunds. 

The approach to the Minister was prompted by the number of complaints received by the Tax Ombud from taxpayers.  Both SARS and external stakeholders have already been notified. SARS has indicated that, as usual, it will co-operate, and, as it was the taxpayer themselves who pressed for the review, the office of the Tax Ombud also calls on them to co-operate so that the matter is expeditiously dealt with. The Office of the Tax Ombud will therefore be engaging both SARS and concerned taxpayers.  It is hoped that, as a contribution towards facilitating tax collection, the air will be cleared and/or necessary recommendations made at the end, if need be.

Issued by the Office of the Tax Ombud

Pearl Seopela, Senior Manager: Communications and Outreach

Mobile: +27 82 906-1404 e-mail: PSeopela@taxombud.gov.za

For more information, please contact Mr Jack Malatji at the office of the Tax Ombud on 081 772 8731; e-mail:JMalatji@taxombud.gov.za

Notes: The Office of the Tax Ombud (OTO) is an independent and impartial state institution that provides a simple, free and impartial channel to seek a resolution for a service, procedural or administrative dispute taxpayers might have already unsuccessfully tried to resolve through SARS’ complaints management channels. The OTO seeks to maintain balance between SARS powers, on one hand, and taxpayer rights and obligations on the other.

 

PRESS STATEMENT

24 January 2017

STATEMENT OF THE MONETARY POLICY COMMITTEE

Issued by Lesetja Kganyago, Governor of the South African Reserve Bank.

Since the previous meeting of the Monetary Policy Committee (MPC), the near-term inflation outlook has deteriorated, but the longer-term outlook is more or less unchanged. The expected inflation profile has been negatively affected by higher international oil prices and a persistence in elevated food price inflation despite improved rainfall in many of the drought-stricken regions. At the same time, the rand has displayed some resilience. While some of the key risks to the rand appear to have subsided for now, they could re-emerge at any stage.

Global growth prospects are mixed amid policy uncertainty, primarily in the US and the UK. The domestic growth outlook remains challenging, although a modest improvement is expected over the forecast period.

The year-on-year inflation rate as measured by the consumer price index (CPI) for all urban areas measured 6,8 per cent in December, up from 6,6 per cent in November. The December outcome surprised on the upside relative to the Bank’s forecast and the market consensus expectation of 6,5 per cent. The main sources of this surprise included food prices, housing rentals, recreation and culture, and restaurants and hotels. Food price inflation remained elevated at 12,0 per cent in December, matching the recent high recorded in October 2016. The contribution of the category of food and non-alcoholic beverages to the overall inflation outcome has remained unchanged at 1,8 percentage points for the past 3 months. Goods price inflation measured 7,8 per cent in December, up from 7,7 per cent in November, while services price inflation increased from 5,6 per cent to 5,9 per cent. The Bank’s measure of core inflation, which excludes food, fuel and electricity measured 5,9 per cent, up from 5,7 per cent.

Producer price inflation for final manufactured goods measured 6,9 per cent in November, compared with 6,6 per cent in October. The main contributor to the November outcome was the category of food products, beverages and tobacco products which contributed 3,9 percentage points.

The inflation forecast of the Bank has deteriorated since the previous meeting of the MPC. Headline inflation is now expected to only return to within the target range during the final quarter of 2017, and to average 6,2 per cent for the year, compared with 5,8 per cent in the previous forecast. The forecast for 2018 is more or less unchanged at an average of 5,5 per cent. The peak of the forecast remains at 6,6 per cent, which was recorded in the final quarter of 2016, and this level is now expected to persist in the first quarter of 2017. This deterioration is mainly due to changed assumptions regarding international oil prices, the domestic fuel prices and the outlook for food prices, which more than offset the more favourable exchange rate assumption.

By contrast, the forecast for core inflation is unchanged, averaging 5,5 per cent and 5,2 per cent in 2017 and 2018 respectively.

Inflation expectations as reflected in the survey conducted by the Bureau for Economic Research during the fourth quarter of 2016 showed average inflation expectations for 2017 declining from 6,0 per cent in the third quarter to 5,8 per cent. The same outcome is expected for 2018, as well as for 5-year inflation expectations. Despite the slight moderation, expectations remain more or less anchored at the upper end of the target range, but with a narrower divergence between the different groups of respondents than is usually the case. The expectations of these groups ranged from 5,6 per cent to 6,0 per cent for 2017, and from 5,4 per cent to 6,0 per cent for 2018. The outcome may have been distorted by the marked decline of 0,6 percentage points for the trade union respondents.

The median annual inflation expectations of market analysts as reflected in the Reuters Econometer survey are relatively unchanged at 5,8 per cent and 5,5 per cent for 2017 and 2018. Bond market expectations implicit in the break-even inflation rates declined across all maturities since the previous meeting, though remain above the target range.

The global economic outlook remains uncertain, despite increased optimism regarding US growth following the US presidential elections. There is still a great deal of uncertainty regarding the policies of the new administration, particularly with respect to the size of the promised fiscal stimulus. While some of the initial optimism has since been tempered somewhat, US growth is expected to be relatively strong, but with some downside risks posed by a stronger dollar. Uncertainty also persists regarding the prospects for the UK economy, as the terms of the disengagement from the EU are unlikely to be resolved for some time. The steady but slow growth recovery in the Eurozone is expected to continue, but upcoming elections in a number of countries could pose risks to the outlook, alongside ongoing concerns about the prospects for the Italian economy.

The outlook for emerging markets is also unclear, given conflicting developments. Commodity prices, especially industrial commodities, have risen in recent months, but protectionist threats from the US, if carried through, could undermine world trade and have an adverse effect on emerging markets in particular. These countries are also highly dependent on Chinese growth, which is expected to remain above the 6 per cent level. However, given the credit-driven nature of recent Chinese growth, there are fears of an unsustainable credit bubble which could expose financial sector vulnerabilities, and undermine the growth outlook.

There are tentative signs of global inflation edging up, as fears of deflation recede amid higher energy and food prices. As expected, the US Fed tightened monetary policy in December, and signalled further increases to come. However, the pace of increase is still expected to be relatively moderate amid a highly uncertain economic policy environment. Both the ECB and the Bank of Japan have maintained their highly accommodative policy stances. This divergence between the advanced economies is likely to persist for some time.

The rand has displayed a degree of resilience since the previous meeting of the MPC, having traded in a relatively narrow range of between R14,22 and R13,46 against the US dollar. Since the previous meeting, the rand has appreciated by 5,6 per cent against the US dollar and by 4,2 per cent on a trade-weighted basis. The rand was positively impacted by the decisions of the ratings agencies not to downgrade the sovereign foreign credit rating to sub-investment grade, although this remains a risk in the coming months. The limited response of the rand exchange rate to the increase in the US policy rate in mid-December suggests that the move had been largely priced in. A gradual pace of tightening is expected in the US, with the rand vulnerable to any upside surprises in this respect.

The rand has been positively affected by the improvement in the terms of trade, following the recent modest increase in commodity prices. Although the overall current account deficit is expected to narrow over the forecast period, it remains relatively wide. In line with the recent improved capital flows to emerging economy bond markets, non-residents have been net buyers of South African bonds since the beginning of the year, while equity net sales have continued. This follows persistent net sales of both bonds and equities during the last three months of 2016.

The domestic growth outlook remains weak and more or less unchanged since the previous meeting of the MPC. The Bank expects growth to have averaged 0,4 per cent in 2016, although recent monthly data for the fourth quarter suggest that there may be a downside risk to this forecast. The forecast for 2017 has been revised down marginally to 1,1 per cent (from 1,2 per cent), and remains unchanged at 1,6 per cent for 2018. This improved outlook relative to 2016 is consistent with the recent upward trend in the composite leading indicator of the Bank. By contrast, the RMB/BER Business Confidence Index declined again in the fourth quarter, following a recovery in the previous quarter. Much of this decline was driven by the new vehicle sector.

The recent monthly data paint a bleak picture for the fourth quarter of 2016. Mining production, which had improved in the second and third quarters, contracted in both October and November. However, improved commodity prices are expected to help the sector in the coming months. The manufacturing sector recorded low but positive growth in November, following a month-to-month decline in October. The Barclays Purchasing Managers’ Index (PMI) declined further in December, and recorded its fifth consecutive month below the neutral 50 level.

The low level of business confidence is reflected in the continued, but slower, contraction in real gross fixed capital formation. Gross fixed investment has contracted for four consecutive quarters, and has been particularly marked in the private sector. This has contributed to the persistent labour market weakness, with formal non-agricultural employment (excluding temporary election-related employment) remaining unchanged in the year to the third quarter of 2016. The official unemployment rate increased to 27,1 per cent, its highest level since the inception of the Quarterly Labour Force Survey in 2008.

Wage growth appears to be responding to the weak labour market environment. Year-on-year nominal wage growth per worker moderated for a fifth consecutive quarter in the third quarter of 2016, down to 5,8 per cent. Following a small decline in labour productivity growth, nominal unit labour costs in the formal non-agricultural sector increased to 5,7 per cent. The slower nominal wage growth per worker is consistent with the lower wage settlement rates reported by Andrew Levy Employment Publications.

Household consumption expenditure data paint a mixed picture. Growth in household consumption expenditure accelerated to 2,6 per cent in the third quarter despite a further contraction in durable goods consumption. Real retail trade sales declined in October, but increased markedly in November on a month-to-month basis. By contrast wholesale trade sales contracted in both months. Domestic new vehicle sales remained subdued following further declines in the final quarter of last year.

Notwithstanding some improvement, consumers remain under pressure and consumer confidence remains low, as indicated in the sharp contraction in the FNB/BER Consumer Confidence Index in the fourth quarter. Households remain highly indebted despite a further moderation in the debt ratio, and the subdued housing and equity markets have contributed to an absence of strong wealth effects. Slower wage growth along with stagnant employment growth and expected tax increases in the forthcoming budget are also likely to dampen consumption expenditure.

A further constraint to consumption expenditure growth has been the weak credit extension to the private sector, which, at 4,5 per cent in November, was the lowest year-on-year growth since late 2010. While growth in credit extension to the household sector was particularly subdued, that to the corporate sector also moderated in the second half of 2016. The strongest decline was seen in mortgage credit extension for commercial property.

Food price inflation is expected to decline following good rainfall in parts of the country. Spot prices for both maize and wheat have declined significantly, and a markedly higher maize crop is expected this year. However, the impact on prices at the consumer level are yet to be felt, with meat prices likely to lag other food price categories as farmers restock their herds. Although the Bank’s inflation forecast assumes that food price inflation has more or less peaked, the pace of moderation is expected to be slower than in the previous forecast. Food price inflation is now expected to average 7,0 per cent during 2017, compared with 6,5 per cent previously. Food price disinflation is expected to be constrained or delayed by higher fuel costs and a rising trend in global food prices.

Brent crude oil prices increased by over 20 per cent to almost US$60 per barrel in response to the OPEC-brokered agreement to restrict production. Prices have since moderated to current levels of around US$55 per barrel. The sustainability of this agreement and its longer-term impact on prices is uncertain, given the possibility of offsetting developments. A number of oil producers were exempt from the agreement; there are incentives and scope for cartel members to exceed their quotas; and US shale producers have already increased production in response to higher prices. These factors are likely to constrain oil price increases. While the Bank’s oil price assumption has been revised up, the trajectory is relatively flat. Despite the stronger rand exchange rate, the domestic price of 93 octane petrol increased by 50 cents per litre in January, and a further increase can be expected in February.

The MPC has noted the marked deterioration in the inflation forecast since the previous meeting, as well as the extension of the expected breach of the upper level of the target range by a further two quarters. Inflation is now expected to return to within the target range in the final quarter of 2017. While this is a cause for concern, the main drivers of this deterioration are supply side shocks, in particular oil and food prices. The increase in the international oil price is not expected to be a start of a new oil price spiral. Various supply side factors are expected to constrain oil prices going forward in the absence of any major global political risks that would threaten production. While the food price forecast has been adversely affected by higher input costs, a steady decline in food price inflation is still expected.

The more favourable rand exchange rate has been an important factor in offsetting some of the negative impacts of these developments. Despite a turbulent second half of 2016, both domestically and globally, the rand has been relatively resilient. Furthermore, the current level of the rand is stronger than that implicit in the forecast, and pass-through to inflation continues to be relatively muted. Nevertheless it remains vulnerable to both domestic and external shocks.

As always, the approach of the Committee is to look through the first-round effects of exogenous shocks, but remain focused on the possible emergence of second-round effects which could require a policy response. At this stage, the longer-term trajectory over the relevant policy horizon is unchanged, as is the forecast for core inflation. In particular, the MPC will take note of possible changes in the longer-term inflation expectations, which had shown tentative signs of moderation in the fourth quarter of 2016. The MPC assesses the risks to the inflation outlook to be moderately on the upside.

The domestic growth outlook has remained largely unchanged despite a possible weaker outcome in the fourth quarter of 2016. While some improvement is anticipated over the forecast period, growth is expected to remain below potential. The risks to the growth forecast are assessed to be broadly balanced. Growth prospects remain dependent on uncertain but tentatively improving global conditions, and their impact on commodity prices. Domestically, some improvement in agricultural production can be expected. However, a significant improvement in growth prospects requires the implementation of structural reforms which could contribute to increased business and consumer confidence.

In light of these developments and the assessment of the balance of risks, the MPC has unanimously decided to keep the repurchase rate unchanged at 7,0 per cent per annum.

The MPC remains focused on the medium- to longer-term inflation outlook, but the deterioration of the shorter-term outlook requires increased vigilance. Furthermore, the MPC remains concerned that the longer-term inflation trajectory continues to be uncomfortably close to the upper end of the target range. The Committee retains the view that we may be near the end of the hiking cycle. However, should second-round effects emerge that undermine the longer-term inflation outlook, there may be a reassessment of this view.

Lesetja Kganyago

GOVERNOR

Contact person:

Nosipho Theyise

+27 12 313 3465

media@resbank.co.za

 

 

 

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