UPDATED
Sin Chew Daily had today came out in defence of Zarinah Anwar in light of the article on her by pro-Pakatan Malaysian Insider.
I translated the key points of the article here -
Zarinah could stay due to her active contribution to promote regulatory reform/ Sin Chew Daily.
Speculations on Zarinah leaving the SC due to the E&O saga could make a dramatic turn due to her contribution to promote regulatory reform in the capital market. Analysts believed that Zarinah's work should not be underestimated and she could be asked to stay to continue the reform.
An SC spokesperson, however said they would not comment on this matter as the decision will solely be determined by the Ministry of Finance. "We would not have a clear answer until the end of May," said the spokesperson.
The Straits Times (of Singapore) had reported that Zarinah will leave SC at the end of her contract, ending her six years at the helm of the commission.
The Straits Times said government officials and financial executives close to the situation told the newspaper that Prime Minister Najib Razak will decide on Zarinah's replacement in the comming weeks. According to the Singaporean daily, candidates to replace Zarinah include deputy central bank governor Datuk Muhammad Ibrahim and the SC's managing director Datuk Ranjit Ajit Singh. It also said that Datuk Johan Raslan, executive chairman of Pricewaterhouse Coopers, has repeatedly turned down the offer to head the watchdog agency.
Areca CEO Huang De Ming said no matter what, the outcome will not affect the SC as a new management will continue to lead the organisation.
Analyst Feng Ting Siew said, "Frankly speaking, Zarinah's stepping down is not the ideal solution to solve some regulatory loopholes. The authorities should instead focus on how to manage the potential conflict of interests when any staff (or any related parties) from the regulators were involved in any corporate transactions.
"Zarinah has been actively promoting corporate governance and perhaps things would take a dramatic turn - with her contract being renewed at the end of the day! And the regulators could concentrate on formulating some policies to manage this area (conflict of interests) better," said Feng.
He further stressed that the development of guidelines to avoid a regulatory staff involved in business transactions is due to the market decipline, as in the case of the Sime Darby-E&O deal and how things have evolved today, it just goes to show that the regulators need to enhance its system and enhance its system and to be extra cautious when handling business transactions that involved any of its internal staff.
He admitted that the fact that a minority shareholder (of E&O), who brought the case to the court has no doubt indirectly fuse the exit of Zarinah, if it eventually happened.
"This is an unexpected outcome. She should leave in dignity in view of her contributions to the capital market of this country. Her exit is not going to help the governance issue in the Malaysian capital market."
Feng said the fact that Zarinah's husband is the chairman of E&O has apparently put her in an awkward position.
"But we can't deny the fact that she is a very professional regulator and has contributed a lot to the capital market."
ORIGINAL POSTING
SC
I wrote about the latest attack against Zarinah Anwar and her Securities Commission here How the "credible media" was manipulated - SC case.
And today, the pro-Pakatan Malaysian Insider came out with this story which I am cutting and pasting here. Hope my friend Jahabar don't mind too much about me taking his story without his permission. Don't be angry bro, promoting you what.
Jahabar Sadiq
Editor
Sin Chew Daily had today came out in defence of Zarinah Anwar in light of the article on her by pro-Pakatan Malaysian Insider.
I translated the key points of the article here -
Zarinah could stay due to her active contribution to promote regulatory reform/ Sin Chew Daily.
Speculations on Zarinah leaving the SC due to the E&O saga could make a dramatic turn due to her contribution to promote regulatory reform in the capital market. Analysts believed that Zarinah's work should not be underestimated and she could be asked to stay to continue the reform.
An SC spokesperson, however said they would not comment on this matter as the decision will solely be determined by the Ministry of Finance. "We would not have a clear answer until the end of May," said the spokesperson.
The Straits Times (of Singapore) had reported that Zarinah will leave SC at the end of her contract, ending her six years at the helm of the commission.
The Straits Times said government officials and financial executives close to the situation told the newspaper that Prime Minister Najib Razak will decide on Zarinah's replacement in the comming weeks. According to the Singaporean daily, candidates to replace Zarinah include deputy central bank governor Datuk Muhammad Ibrahim and the SC's managing director Datuk Ranjit Ajit Singh. It also said that Datuk Johan Raslan, executive chairman of Pricewaterhouse Coopers, has repeatedly turned down the offer to head the watchdog agency.
Areca CEO Huang De Ming said no matter what, the outcome will not affect the SC as a new management will continue to lead the organisation.
Analyst Feng Ting Siew said, "Frankly speaking, Zarinah's stepping down is not the ideal solution to solve some regulatory loopholes. The authorities should instead focus on how to manage the potential conflict of interests when any staff (or any related parties) from the regulators were involved in any corporate transactions.
"Zarinah has been actively promoting corporate governance and perhaps things would take a dramatic turn - with her contract being renewed at the end of the day! And the regulators could concentrate on formulating some policies to manage this area (conflict of interests) better," said Feng.
He further stressed that the development of guidelines to avoid a regulatory staff involved in business transactions is due to the market decipline, as in the case of the Sime Darby-E&O deal and how things have evolved today, it just goes to show that the regulators need to enhance its system and enhance its system and to be extra cautious when handling business transactions that involved any of its internal staff.
He admitted that the fact that a minority shareholder (of E&O), who brought the case to the court has no doubt indirectly fuse the exit of Zarinah, if it eventually happened.
"This is an unexpected outcome. She should leave in dignity in view of her contributions to the capital market of this country. Her exit is not going to help the governance issue in the Malaysian capital market."
Feng said the fact that Zarinah's husband is the chairman of E&O has apparently put her in an awkward position.
"But we can't deny the fact that she is a very professional regulator and has contributed a lot to the capital market."
ORIGINAL POSTING
SC
I wrote about the latest attack against Zarinah Anwar and her Securities Commission here How the "credible media" was manipulated - SC case.
And today, the pro-Pakatan Malaysian Insider came out with this story which I am cutting and pasting here. Hope my friend Jahabar don't mind too much about me taking his story without his permission. Don't be angry bro, promoting you what.
Jahabar Sadiq
Editor
February 09, 2012
KUALA LUMPUR, Feb 9 — The Securities Commission (SC) will revamp its top post with retiring Treasury chief Tan Sri Dr Wan Abdul Aziz Wan Abdullah taking over as non-executive chairman from current executive chairman Tan Sri Zarinah Anwar when she steps down at the end of March, sources say.
The Malaysian Insider understands that Zarinah’s regulatory duties will be taken over by Datuk Ranjit Ajit Singh, who is now the executive director of market supervision in the commission. It is learnt that Putrajaya felt Ranjit was most capable for the top job but there was concern the right wing in Umno may jump if a non-Malay took the post, leading the government to split the job to provide cover for any non-Malay getting such a post and placate the Malay ground.
“Dr Wan Abdul Aziz will come on board as non-executive chairman and Ranjit will be the top regulator,” a government source told The Malaysian Insider.
Another source said the government will make the announcement soon, including naming a replacement for Wan Abdul Aziz in the Treasury. “They’ve decided to split the SC post for accountability purposes and to provide cover for any non-Malays getting such a job while placating the Malay ground,” he said, adding that Zarinah was both chairman of the commission and also head of the senior management in the SC.
“So now, the top regulator reports to the commission,” the source said.
Singapore’s The Straits Times reported last week that Zarinah was stepping down as the SC chief next month after six years at the helm of the capital markets watchdog.
Her contract ended amid pressure over the market regulator’s role in conglomerate Sime Darby Bhd’s acquisition of a 30 per cent stake in E&O Berhad last August, where her husband was chairman of the property developer.
The Straits Times said government officials and financial executives close to the situation told the newspaper that “Prime Minister and Finance Minister Najib Razak will decide on her replacement in the coming weeks.”
“The E&O deal has put Tan Sri Zarinah in a tight spot. The reason is that her husband, who is E&O chairman, had raised his personal stock holdings in the company just days before Sime Darby’s announcement,” it reported.
State-controlled Sime Darby purchased its 30 per cent interest from three major shareholders — E&O managing director Datuk Terry Tham, Singapore’s GK Goh Holdings and a group of investors led by businessman Tan Sri Wan Azmi Wan Hamzah — at the end of August last year in a deal that valued E&O shares at RM2.30 a piece.
The purchase price represented a 60 per cent premium over the value of the shares in the company on the open market when the deal was announced.
The RM776 million deal triggered unease over the widely perceived coddling by the agency of large state-controlled companies at the expense of minority shareholders when exercising its authority on corporate takeovers.
The SC ruled six weeks after the deal that the plantation-based conglomerate did not have to make a general offer, prompting E&O minority shareholder Michael Chow to sue the SC for failing to compel Sime Darby to make a general offer for the rest of the shares, which would cost an additional RM1.8 billion.
This came despite a SC task force finding that Sime Darby was obliged to make a general offer for E&O shares after acquiring a 30 per cent stake in the property developer.
Singapore’s The Straits Times reported last week that the task force was of the view that a general offer obligation had been triggered as a new “concert party” was created between Sime Darby and Tham, who jointly controlled more than 33 per cent in the property concern after the deal.
Malaysia’s takeover rules stipulate that any party that acquires more than a 33 per cent interest in a public-listed entity must carry out a general offer for the remaining shares.
A general offer can also be triggered if a new party buys less than 33 per cent, but secures management control of the target company.
Apparently pro-BN bloggers, who had all these while been hantaming Zarinah seems to have started rejoicing at the news. Here is Big Dog's take on it, Another one bites the dust.
Opening up the Pandora Box, you said Big Dog?
Well, I would not be too quick at being happy if I were you.
Then again, Big Dog and the gang probably do not really know who is this person Malaysian Insider said is going to be the real one in charge of SC after Zarinah is gone - Ranjit Ajit Singh.
Jahabar's source was quoted as saying, “They’ve decided to split the SC post for accountability purposes and to provide cover for any non-Malays getting such a job while placating the Malay ground,”
Zarinah was both chairman of the commission and also head of the senior management in the SC.
I wonder, who is that Jahabar's source, who seems not totally happy about a non-Malay having only half of Zarinah's job after she stepped down.
Have the pro-BN bloggers ever wonder why the last three attacks on Zarinah and SC came from the pro-Pakatan Malaysian Insider and Singapore Straits Times?
Have they ever wonder where ST correspondent Leslie Lopez got his materials on SC from?
I smell something rotten all the way from the top-level of SC itself and all the way up to the MOF, causing those info leakages.
Then again a cat probably have a better sense of smell than a dog.
MEDINI
KUALA LUMPUR, Feb 9 — Khazanah Nasional Berhad yesterday denied allegations of questionable deals in the development of the ambitious multi-billion ringgit Medini integrated development in Johor. The questions were raised in two letters to the editor published in Utusan Malaysia and revolved around the decision of a Khazanah- and EPF-linked company to lease land to Middle Eastern investors in Medini in 2007 and the subsequent buy-back of the land by the state asset manager from the same investors — purportedly at a higher price just a few years later, enabling the investors to flip the land for a profit despite not having paid for it in full.
The letters also alleged the existence of a complex web of related party transactions, with the Khazanah subsidiary partnering with a foreign investor to lease Medini land to other Middle Eastern companies in which the same foreign investor has a stake.
Other allegations raised were that the Khazanah-linked company in charge of developing Medini had paid out massive dividends of RM475 million in 2008 despite facing cash flow issues, 25 per cent of which went to the foreign partner even though it did not deliver satisfactory results.
The company at the heart of the controversy is Iskandar Investment Berhad (IIB), in which Khazanah holds 60 per cent equity. The rest of the shares are held by EPF and Kumpulan Prasarana Rakyat Johor
IIB had partnered with UWI Capital Ltd, which is registered in the British Virgin Islands and an associate company of Dubai’s Jumeirah Capital, to created Medini Iskandar Malaysia Sdn Bhd (MIMSB). This was then tasked to develop Medini.
IIB has a 75 per cent stake in MIMSB with UWI Capital holding 25 per cent.
At the same time, IIB signed a deal worth US$1.2 billion (RM3.6 billion) with a consortium of Middle East entities led by Abu Dhabi based Mubadala Development Company and Kuwait Finance House (KFH) to develop Medini.
One of the letters claimed that the controlling stakeholder in UWI Capital also owned a 10 per cent stake in Mubadala and KFH, which allowed him or her to realise profit from both the seller (MIMSB) and the buyers (Mubadala and KFH), and questioned the wisdom of IIB partnering with the foreign entity.
Khazanah said in its statement that it was normal for investors in large scale projects to ask for land to be returned if the schemes failed to deliver the desired returns, adding that it was an important feature to attract first mover investors.
“It also gives flexibility to investors to change their commitment levels and appetite for investments for long-term projects like Medini, which will take 25 years,” said Khazanah.
Khazanah said UWI Capital was invited to help develop Medini based on their track record of structuring, promoting and large infrastructure projects in the Middle East.
The state asset manager said that UWI was asked to be an equity partner and was not just a land broker, and also entered the deal with land valued at RM10 psf (per sq foot) as compared with RM7.30 psf as valued by CH Williams Talhar and Wong in 2006.
Khazanah noted that the letter raised questions as to why it would deign to partner with a company that was registered in the British Virgin Islands as if such companies had something to hide, and said that registering in tax havens was standard practice for all serious investors, including Khazanah.
It also defended UWI, saying that the company only received a net dividend of RM43 million after reinvestment.
Khazanah said that a large part of the land that had been returned or bought back from the investors was later resold by IIB at a 23.7 per cent premium.
In December last year, Sunway Bhd teamed up with Khazanah to buy 276.4 hectares of land in Medini for RM745.3 million.
Khazanah added in its statement that as a result of the global financial crisis, IIB and MIMSB had chosen to restructure rather than postpone projects in Medini but the Middle East consortium remained investors.
Noting that the letters had called for tighter monitoring of Khazanah, the state investor said that it had always practised the highest standards in corporate governance, including the establishment of independent executive and audit committees.
IIB was also in the news last month when it was reported that a former senior vice-president of an IIB subsidiary pleaded guilty to soliciting for bribes related to the Iskandar Malaysia development project.
Mohd Amin Suhaimi, husband to former IIB chief executive Arlida Ariff, was also charged with three counts of soliciting and taking bribes from a construction company to secure a tender worth RM40.8 million to build a boarding school in Pulai.
Arlida, who was headhunted by Khazanah, was removed from her position in 2010 amid speculation of alleged irregularities in the award of infrastructure contracts.
Medini is a 2,230-acre international mixed-used development, which is one of the core components of the Iskandar Malaysia special development zone in south Johor.
Among the major projects in Medini are Legoland, which is slated to open later this year, and a RM3 billion iconic wellness township to be developed by E&O and Khazanah and Singapore’s Temasek.
I'm now going to sit back and see how this thing developed.....err, MACC boys and girls....do your job properly ya.....don't let me down, ok?
“Dr Wan Abdul Aziz will come on board as non-executive chairman and Ranjit will be the top regulator,” a government source told The Malaysian Insider.
“So now, the top regulator reports to the commission,” the source said.
Singapore’s The Straits Times reported last week that Zarinah was stepping down as the SC chief next month after six years at the helm of the capital markets watchdog.
Her contract ended amid pressure over the market regulator’s role in conglomerate Sime Darby Bhd’s acquisition of a 30 per cent stake in E&O Berhad last August, where her husband was chairman of the property developer.
The Straits Times said government officials and financial executives close to the situation told the newspaper that “Prime Minister and Finance Minister Najib Razak will decide on her replacement in the coming weeks.”
“The E&O deal has put Tan Sri Zarinah in a tight spot. The reason is that her husband, who is E&O chairman, had raised his personal stock holdings in the company just days before Sime Darby’s announcement,” it reported.
State-controlled Sime Darby purchased its 30 per cent interest from three major shareholders — E&O managing director Datuk Terry Tham, Singapore’s GK Goh Holdings and a group of investors led by businessman Tan Sri Wan Azmi Wan Hamzah — at the end of August last year in a deal that valued E&O shares at RM2.30 a piece.
The purchase price represented a 60 per cent premium over the value of the shares in the company on the open market when the deal was announced.
The RM776 million deal triggered unease over the widely perceived coddling by the agency of large state-controlled companies at the expense of minority shareholders when exercising its authority on corporate takeovers.
The SC ruled six weeks after the deal that the plantation-based conglomerate did not have to make a general offer, prompting E&O minority shareholder Michael Chow to sue the SC for failing to compel Sime Darby to make a general offer for the rest of the shares, which would cost an additional RM1.8 billion.
This came despite a SC task force finding that Sime Darby was obliged to make a general offer for E&O shares after acquiring a 30 per cent stake in the property developer.
Singapore’s The Straits Times reported last week that the task force was of the view that a general offer obligation had been triggered as a new “concert party” was created between Sime Darby and Tham, who jointly controlled more than 33 per cent in the property concern after the deal.
Malaysia’s takeover rules stipulate that any party that acquires more than a 33 per cent interest in a public-listed entity must carry out a general offer for the remaining shares.
A general offer can also be triggered if a new party buys less than 33 per cent, but secures management control of the target company.
Apparently pro-BN bloggers, who had all these while been hantaming Zarinah seems to have started rejoicing at the news. Here is Big Dog's take on it, Another one bites the dust.
Opening up the Pandora Box, you said Big Dog?
Well, I would not be too quick at being happy if I were you.
Then again, Big Dog and the gang probably do not really know who is this person Malaysian Insider said is going to be the real one in charge of SC after Zarinah is gone - Ranjit Ajit Singh.
Jahabar's source was quoted as saying, “They’ve decided to split the SC post for accountability purposes and to provide cover for any non-Malays getting such a job while placating the Malay ground,”
Zarinah was both chairman of the commission and also head of the senior management in the SC.
I wonder, who is that Jahabar's source, who seems not totally happy about a non-Malay having only half of Zarinah's job after she stepped down.
Have the pro-BN bloggers ever wonder why the last three attacks on Zarinah and SC came from the pro-Pakatan Malaysian Insider and Singapore Straits Times?
Have they ever wonder where ST correspondent Leslie Lopez got his materials on SC from?
I smell something rotten all the way from the top-level of SC itself and all the way up to the MOF, causing those info leakages.
Then again a cat probably have a better sense of smell than a dog.
MEDINI
February 09, 2012
The letters also alleged the existence of a complex web of related party transactions, with the Khazanah subsidiary partnering with a foreign investor to lease Medini land to other Middle Eastern companies in which the same foreign investor has a stake.
Other allegations raised were that the Khazanah-linked company in charge of developing Medini had paid out massive dividends of RM475 million in 2008 despite facing cash flow issues, 25 per cent of which went to the foreign partner even though it did not deliver satisfactory results.
The company at the heart of the controversy is Iskandar Investment Berhad (IIB), in which Khazanah holds 60 per cent equity. The rest of the shares are held by EPF and Kumpulan Prasarana Rakyat Johor
IIB had partnered with UWI Capital Ltd, which is registered in the British Virgin Islands and an associate company of Dubai’s Jumeirah Capital, to created Medini Iskandar Malaysia Sdn Bhd (MIMSB). This was then tasked to develop Medini.
IIB has a 75 per cent stake in MIMSB with UWI Capital holding 25 per cent.
At the same time, IIB signed a deal worth US$1.2 billion (RM3.6 billion) with a consortium of Middle East entities led by Abu Dhabi based Mubadala Development Company and Kuwait Finance House (KFH) to develop Medini.
One of the letters claimed that the controlling stakeholder in UWI Capital also owned a 10 per cent stake in Mubadala and KFH, which allowed him or her to realise profit from both the seller (MIMSB) and the buyers (Mubadala and KFH), and questioned the wisdom of IIB partnering with the foreign entity.
Khazanah said in its statement that it was normal for investors in large scale projects to ask for land to be returned if the schemes failed to deliver the desired returns, adding that it was an important feature to attract first mover investors.
“It also gives flexibility to investors to change their commitment levels and appetite for investments for long-term projects like Medini, which will take 25 years,” said Khazanah.
Khazanah said UWI Capital was invited to help develop Medini based on their track record of structuring, promoting and large infrastructure projects in the Middle East.
The state asset manager said that UWI was asked to be an equity partner and was not just a land broker, and also entered the deal with land valued at RM10 psf (per sq foot) as compared with RM7.30 psf as valued by CH Williams Talhar and Wong in 2006.
Khazanah noted that the letter raised questions as to why it would deign to partner with a company that was registered in the British Virgin Islands as if such companies had something to hide, and said that registering in tax havens was standard practice for all serious investors, including Khazanah.
It also defended UWI, saying that the company only received a net dividend of RM43 million after reinvestment.
Khazanah said that a large part of the land that had been returned or bought back from the investors was later resold by IIB at a 23.7 per cent premium.
In December last year, Sunway Bhd teamed up with Khazanah to buy 276.4 hectares of land in Medini for RM745.3 million.
Khazanah added in its statement that as a result of the global financial crisis, IIB and MIMSB had chosen to restructure rather than postpone projects in Medini but the Middle East consortium remained investors.
Noting that the letters had called for tighter monitoring of Khazanah, the state investor said that it had always practised the highest standards in corporate governance, including the establishment of independent executive and audit committees.
IIB was also in the news last month when it was reported that a former senior vice-president of an IIB subsidiary pleaded guilty to soliciting for bribes related to the Iskandar Malaysia development project.
Mohd Amin Suhaimi, husband to former IIB chief executive Arlida Ariff, was also charged with three counts of soliciting and taking bribes from a construction company to secure a tender worth RM40.8 million to build a boarding school in Pulai.
Arlida, who was headhunted by Khazanah, was removed from her position in 2010 amid speculation of alleged irregularities in the award of infrastructure contracts.
Medini is a 2,230-acre international mixed-used development, which is one of the core components of the Iskandar Malaysia special development zone in south Johor.
Among the major projects in Medini are Legoland, which is slated to open later this year, and a RM3 billion iconic wellness township to be developed by E&O and Khazanah and Singapore’s Temasek.
I'm now going to sit back and see how this thing developed.....err, MACC boys and girls....do your job properly ya.....don't let me down, ok?
