SCwatch


SIME’S CLANGER : ARE ENFORCEMENT AGENCIES ATTEMPTING TO PROJECT SOME FORM OF ‘STRUCTURED COORDINATION’?

I was quite surprised by the joint statement issued by (incl) MACC and SC about the status of their investigations into the Sime Darby fiasco ….. and indicating that they had just referred the matter to the Police and the Companies Commission. click HERE

Quite honestly, what does the public care about who’s doing what!

As far as they are concerned, these agencies are all Government agencies tasked with regulating, in this case, the corporate landscape and taking perpetrators to task.

Considering the time that has already lapsed and the fact that the police and Companies Commission are only now getting into the picture, highlight their coordinative deficiencies more than anything else! 

More sceptical ones view it as a case of ‘musical chairs’ whereby each agency tries to ‘pass the buck’ to the other for quite obvious reasons.

One might highlight that the civil action to be taken by Sime Darby may negate any necessity for the enforcement agencies to ‘take appropriate action’.

However, the concern is that even if Sime Darby was to get judgement in the civil action, the penalty that will be meted out will be of such insignificance …… it is not of deterrence to future perpetrators from committing similar feats!

Time and again, it is the ‘mosquite bite’ penalties currently being meted out that are encouraging these perpetrators to continue with their foraging and philandering!

So unless and until the enforcement agencies get their regulatory act in order, the ‘good times’ will continue to roll!



THE ‘SECOND COMING’ OF ……….. THE CRONIES OF YESTER-YEARS?

It looks as though the good ol’times of the yester-years may be here again!

Well, I think that is the hope of the establishment.

After all, Khazanah has not been really been seen to have been able to bring the companies under their stable to a higher level as promised by its Managing Director, Azman Mokhtar.

This has caused further embarrassment by the sickening irregularities in Sime Darby. And don’t tell me that Sime Darby does not come under the Khazanah umbrella. Most people know where the common links are.

The irregularities at Tabung Haji is another further embarrassment to the government. Imagine, a fund for the welfare of the Muslims in the country being ‘mismanaged’ to the point of being ‘sinful’ …. choked for words! click HERE

It is therefore no wonder that the stars of the yester-years ….. also termed by current Defence Minister, Ahmad Zahid Hamidi, as cronies of Mahathir (and Tun Daim Zainuddin) …. seem to be making a come-back. 

These kind of things do not happen without the blessings of the powers that be!

Well, there is the Halim Saad attempt to takeover QSR ….. more precisely, KFC which is the jewel in the QSR stable of companies.

Then there is Abdul Aziz Sheikh Fadzir, brother of ex Minister Kadir Sheikh Fadzir,  ex UMNO Youth leader and owner of listed companies in the past, now making a go for Satang.

Another example is Time dotCom which is effectively being given away (forced to?) by Khazanah to an individual backed up by another ‘crony’, Wan Azmi Wan Hamzah, another Tun Daim prodigy.

There are therefore signs of impatience on the part of the establishment ….. especially when the country seems to be lagging behind its contemporaries in the region.

Should we be surprised by this development?

Not really.

But if the fundamentals are not worked on …… and instead quick but unsustainable fix-its approaches by the private sector still being accepted as the modus operandi, the ‘Malaysian Way’ will continue for the foreseeable future.

It is precisely for that reason that concerns will arise as to whether this will be addressed by these ‘messiahs’ from their ‘Second Coming’!

This is further accentuated if they turn a blind eye  to major gaps and instead become reliant on un-objective surveys, programmes, rulings and awards as justifications for status quo …… something that they were so good at doing during the ‘yester-years’!

Well then, let the good times roll!



SIME’S CONFESSIONS : BUT WHERE ARE AUDITOR’S?

Well, the long awaited forensic report about the losses incurred by Sime Darby’s Energy & Utilities division is out.

And no surprises as far as corporate Malaysia is concerned! click HERE

It was wrong doings galore but the details and people involved have not been made public …. apparently under legal advice.

But from the reading of it, action will be taken in the form of  legal action and reports to the relevant authorities.

The question that begs to be asked is ….. will the legal action be whimpers / wrist slappers …… and will the relevant authorities take the requisite action and charges that befits the wrong-doing?

The public awaits with anxiety …… with equal wonder as to whether the auditors will take their share of the flak too!



SATYAM : PRICEWATERHOUSE’S ‘SHAMEFUL COMEUPPANCE’ IN HIGH COURT

It was a surprise to read in the online papers that the giant auditing/accounting firm, PriceWaterhouse Coopers (PwC), had the audactiy to take the Indian securities regulator, Securities & Exchange Board of India (SEBI), to Court to challenge the latter’s authority to carry out a probe into PwC’s audit of Satyam.

It was however no surprise to me that the High Court ruled in favour of the securities regulator. click HERE

How can PwC stop SEBI from probing into the way the former conducted itself especially when investors relied heavily on the financial statements of Satyam; more so that they have relied that it had been properly audited?!

What is really damaging to the PwC world-wide brand is the charge that SEBI wants to bring against the firm – that it had allegedly been involved in the falsification of the accounts of Satyam!

The fact that PwC attempted to cajole SEBI to settle out of court indicates the desperation of the firm.

The fact that SEBI rejected the overtures indicates the seriousness of the allegation.

Are we seeing the demise of another International Accounting Firm ….. similar to that of Arthur Andersen after the Enron fiasco?



PETRONAS : ‘SWEPT CLEAN’ BY NAJIB?

Well, Najib has eventually shown the purported corporate big-wigs that they are nothing more than subservient commoners as described by me in an earlier posting. click HERE

Initial resistance to appoint a Najib nominee in the form of Omar Ong Mustapha has been completely cast aside with not only the removal of Hassan Merican as CEO, but also the revamping of the Board of Directors. click HERE

One of the last bastions of an independent cash rich government linked organisation has been over-run by an UMNO led government and whose leader has yet to prove his credentials, let alone mettle!

Oh sure, one might say that the revamp has the blessing of the old man adviser, Tun Mahathir. Well, the old Tun should realise by now that he is a means to Najib’s end since Tun M’s sphere of influence has slowly but surely been eroded as a result of the changes in personnel and powers of influence.

In this regard, other government institutions and agencies would have taken cue from this latest development and jostling cum lobbying for new positions and alliances will be the order of the day for the months to come.

Coming back to Petronas, this organisation is now at the behest of a government in dire need of funds as confessed by its PEMANDU Minister, Idris Jala. With the threat of bankruptcy by 2019 if we continue as we are, the parasites are definitely to leech onto a cash cow like Petronas if the government coffers are to run dry!

Increasing concern is actually not only related to the changes at the Board of Directors level but more so in the revamping of the management structure. CEO, Shamsul’s declaration that there will be more accountability down the line may in time transform Petronas into a structure similar to Sime Darby!!

It was precisely for the reason of emerging Little Napoleons that Hassan Merican AND the late Tun Azizan Zainul Abidin ran a tight ship all those years.

If they hadn’t, Petronas would have been in the same predicament (only worse) as the past scandals like the Bumiputra Malaysia Finance, Port Klang Free Zone fiasco, Sime Bank bleeding, Sime’s Energy & Utilities outages ….. the list goes on!

With the revamping and new structure of Petronas as it is, chances of them taking the same route as those in the preceding paragraph, may be a foregone conclusion for many.

We shall see.




MALAYSIA’S ECONOMY : IS MALAYSIAN GOVT IN DENIAL OR ‘SEEMINGLY COMPLACENT’?

It was quite obvious that Idris Jala’s ‘we will be bankrupt by 2019 if we continue like this’ declaration was bound to pit him against UMNO’s pseudo economists.

And it was in the form of UMNO Supreme Council member Norraesah Mohamad. click HERE

Do and you’re damned …. don’t do and you’re equally damned!

Najib is certainly in a precarious position and the only way out for him is to spin, spin and spin.

The result would be confusion amongst the general public and coupled with the rough arm tactics of certain agencies, may cause even trepidation and fear.

In all, it is hoped, amongst UMNO ultras, that the Malaysian Rakyat could be cajoled or even intimidated into supporting the UMNO led government for the sake of peace and ‘prosperity’.

As evidenced in the last General Elections in March 2008, the Rakyat will act or react on matters that affect their livelihood. The cost of living was a main election issue then.

Talk of subsidy cuts that will result in a significant rise in the cost of living for the man on the street will definitely have an impact on the next General Elections slated for 2013. People somehow have a better memory when it comes to ‘bread and butter’ issues!

It is therefore imperative that the higher costs that are to be imposed on the Rakyat be ‘tempered’ with an equally significant rise in transparency, accountability in all public and private transactions i.e. a significant drop in CORRUPTION and WASTEFUL OUTFLOWS by the government agencies and government linked companies.

The fiasco at Sime Darby is testament that all is not well at the government linked companies and that should be the first port of call for the subservient enforcement agencies of the country.

Show that it can and will be done, Najib!



MACC STEPS INTO SIME DARBY : A ‘SIME COVER-UP’ IN PROGRESS?

We all know that MACC, under its new head, is trying very hard to improve its image and to counter the public perception that it is a tool of the government.

There has already been talk of placing the MACC chief on par with the Inspector General of Police!

There has been some arrests here and there for graft ….. but the negative perception is still there for most if not all of the Rakyat!

And because of this, yesterday’s report by the New Straits Times that the MACC is stepping into the Sime Darby fray was certainly a cause of concern for all. click HERE

Of course, for the uninitiated, the emergence of the MACC in a case like Sime Darby’s especially with insinuation that fraud had taken place would only be expected.

Ah, that is why that kind of logic is confined to the uninitiated!

For the sceptics (or cynics, depending on which side of the divide you are on), the speculation now is that because there is concern that the recipients of those ‘hot money’ may be exposed ….. MACC is being asked to step in …. to ensure that the ‘X-POSE’ does not take place.

The emergence of a ‘government’ directed entity to ‘take over’ investigations is not dissimilar to the appointment of the task force headed by the Chief Secretary of the Government, Mohd Sidek to look into the Port Klang Free Zone fiasco ….. following the explosive expose’ initiated by the team put together by Transport Minister, Ong Tee Keat.

Notice how quiet the Port Klang Free Zone fiasco has been since the ‘take-over’ by the Mohd Sidek task force!

Will we  be seeing the same kind of silence subsequently with MACC taking over the ‘investigations’ of the Sime Darby fiasco?

Should this be the case, it will only confirm the suspicion by many that the billions of Ringgit lost by these two entities somehow ended up with parties with close links to the UMNO led government of Malaysia ….

Sigh!



SIME DARBY CRISIS : ‘SILENT CONCURRENCE’ BY ALL PARTIES INVOLVED?

Reading subsequent media reports and commentary about the ‘Sime Crisis’ following the sacking of its CEO, Zubir, has only made me more convinced that the whole Board of Directors plus its external auditors, Pricewaterhouse Coopers must take responsibility for this debacle.

Why debacle, you might ask? It has not collapsed as a group, you might say!

Maybe, but the confidence in this purported blue chip, which has one of the highest market capitalisation in the market, has been dented considerably.

Of course, Malaysians are a polite lot that in front of you, they will say sweet nothings into the ears of the parties involved.

But behind the scene, especially in the grape-vine, the comments are not only damaging to all concerned but down-right vicious ….. and with justification!

To say that the group had processes in place …. it’s just that they had not been implemented properly ….. was certainly laughable ….. because it is all too familiar!

If one was to seriously respond to this ‘excuse’, it would be … that is why you have internal and external auditors. And when the internal auditors raised the red flag in August 2008, it was conveniently swept under the carpet!

If the excuse was that the non-executive independent directors were obliged to give the benefit of the doubt to management, the external auditors, Pricewaterhouse Coopers (PWC) certainly had NO such obligation or professional reason to do so!

This was their red flag to delve into the issue of cost over-runs including its recovery of such costs. This is no more an ordinary run of the mill statutory audit. PWC had been put on enquiry and were obliged to look into the concern meticulously.

But what did PWC do? They signed off the accounts of Sime Darby for 2008 and 2009 with a clean audit report! Not even an emphasis of matter especially on the possible cost over-runs and its recoverability!

The fact that official media had highlighted these matters (besides the blog media) prior to the finalisation of the 2008 and 2009 accounts speak volumes about the role (or lack of it) of PWC!

The official media currently has been quite polite about this latest incident ….. yes, they have been polite relatively speaking …. but if you read in between the lines, the insinuation is the total collapse in the ‘check and balance’ roles of the other parties involved with Sime Darby …. notably the auditors and members of the Audit Committee headed by the ex-chairman of PWC. This is so unbecoming! click HERE

Andrew Sheng, a proponent of strong corporate governance is unfortunately embroiled in this mess as director and he cannot easily extricate himself out of this especially when he was appointed in 2007!

He has to regain credibility by insisting massive and fundamental changes to the way things are done in the Malaysian corporate world in general and Sime Darby in particular!

Update : I was one of the members of public who witnessed the launching of Andrew Sheng’s latest book, ‘From Asian to Global Financial Crisis’. In his remarks, I recall him emphasising that regulators were the ones that ‘had the power to go to the ‘back part of the shop (meaning companies) to find out what was really happening’. I hope this was not his reason for inaction on his part as a member of the Audit Committee!



SIME DARBY’S ‘SHAMEFUL CONFESSION’: RM2.0 BILLION LOSSES FOR POWER DIVISION

If I can quote John McEnroe again, this is the pits!

A deemed blue chip with a market capitalization that is the envy of companies locally, regionally and dare I say globally …. and we get this kind of news! click HERE

Yes, Sime Darby said it would be making provision for losses in the region of RM964 million. But if you were to read their detailed announcement to Bursa, you will realise that the total loss is just under RM2.0 billion.

And we thought the hole created by the ex-subsidiary, SIME BANK, was bad …. you ain’t seen nothin’ yet!!

A company that epitomized corporate governance of the highest standards …. even before its merger with PNB stable of plantation/property companies …. it was thought that under the new regime of Zubir and the visionary thinking of Nor Mohamed Yakcop, Sime Darby was destined for greater things.

How wrong could we be?

And for Andrew Sheng, the Sime Darby director picked to look into these losses, to say that …..

“We have given instructions to the management to strengthen controls and manage all operations in the most prudent and efficient manner.”

……. nearly got me to puke!! This kind of statement is reserved for the small fry, fly by night listed companies that make up a miniscule proportion of the market capitalization. Not Sime Darby.

Shame on you all!!

UPDATE (15 May 2010) – Yes, Sime Darby is a Government Linked Company and whose merger with the PNB companies was the brain child of Nor Mohamed Yakcop and which caused so much consternation and aggravation.

Furthermore, the fact that the government’s investment whizz kids at Khazanah had issued all those multi coloured manuals setting out BEST PRACTICES (in key areas of governance) to be adopted by ALL its government linked companies, should have given comfort to everyone!!

And come to think of it, isn’t Pricewaterhouse Coopers the auditors? This cost issue began in 2006. Have these costs been adequately disclosed in the accounts?

Pricewaterhouse Coopers name is now constantly surfacing in major scandals …… Satyam in India, Kanebo in Japan, Goldman Sachs in the US ….. and now Sime Darby in Malaysia??

Talking about the aggravation caused by the merger, I recall Zubir effectively sacking its CFO and others including directors of Golden Hope (one of the PNB companies that was merged with Sime Darby) in 2008 for losses incurred for apparent irresponsible hedging practices on the prices of Crude Palm Oil ….. and that caused losses of several hundred million of Ringgit. click HERE

It is no wonder that there are calls for a review of Sime Darby’s group practices. I quite support this proposal but let’s make sure the consultants appointed for this task don’t tell you what you want to hear. There is a distinct tendency to do so in Malaysia!



AIR ASIA’S “SURVIVAL CONCERNS” – GOVT. TAKEOVER FOR RM1.00

P-water to be served?

 
The much reported hype and counter hype over the infamous KLIA  East @ Labu over the past few weeks is unlikely to abate, at least not until March 2009.
This is only expected in the Malaysian context where most things are said and done in a very indirect manner. That is one reason why one must be able to pick up the nuances and innuendoes in what has been said or done in order to comprehend and decipher the underlying message that is being transmitted.
It is therefore commendable that YB Wee Choo Keong (here) and Rocky (here) have raised awareness and therefore questions for the government to answer about the building of KLIA East @ Labu. Where is Malaysiakini?
Casting aside all the controversies emanating from this issue, there is one serious matter that has not been really focused on. It is the fact that Air Asia is currently NOT a financially viable concern. In layman’s terms, it is not generating enough cash to pay for its expenses. This is especially so in respect of its borrowings for planes bought to date. Makes you wonder then how they are going to pay for those planes that are to be delivered soon!
This actually explains why Air Asia keeps talking about the future only …… more planes, more passengers, cheaper fares, greater profitability ….. and this is masked by moves like privatisations, new terminal, inefficiency of other agencies etc etc.
Financial commentators worth their salt have already questioned the financial standing of Air Asia and this explains why objective foreigners and locals alike have shunned Air Asia’s shares.
It is not that the company, Air Asia, is bad or rotten to the core! They have just lost focus ….. but if not checked, it will bring the company, Air Asia, down  the abyss!
If Air Asia is allowed to keep changing their “Tune” in mid-air, they will come crashing down into a house full of “P-water”!
Can we rely on the accounts of Air Asia? According to objective analysts, NO.
But their auditor is PriceWaterhouseCoopers. So what? So did “Satyam Computers” (read here), one of India’s largest IT outsourcing company which is listed not only in India, but also New York and Amsterdam. It was recently revealed that Satyam’s accounts have been “specially cooked-up” over the years to the tune of US$1.0 billion!
Air Asia is living from hand to mouth …… paying the salaries and day to day expenses from the advances made by passengers for flights booked.
To prevent such an embarrassing “financial collapse” scenario from crystallizing, the Government should start to act to “save” Air Asia. Letting it fail is really not an option as this is really a personality/management issue. In addition, Malaysia does not want to be a long term laughing stock of the international community over a matter that can be managed objectively!
NATIONALISE AIR ASIA FOR RM1.00
or
MAS & EPF TO TAKE OVER AIR ASIA FOR RM1.00
and
CALL OFF THE PROJECT: KLIA EAST @ LABU