The Civil Engineering Contractor June 2018 | Page 28

INSIGHT Building Africa The Civil Engineering Contractor shares insight from the industry around the challenges faced by infrastructure funding within South Africa and sub-Saharan Africa. R ichard Roothman is the head of the Banking and Finance practice group at Werksmans Attorneys, specialising in project and limited-recourse finance transactions, debt capital market and structured finance transactions, and syndicated and bilateral funding transactions. He shares his views on the challenges of infra funding. The decline in direct foreign investment into South Africa over the past few years can be attributed to low business confidence as well as regulatory and political uncertainty. One initiative that can drive renewed direct capital investments, a decrease in unemployment, and economic growth, is the launching of new infrastructure projects by national and provincial government and by municipalities, as emphasised by President Cyril Ramaphosa on 16 April 2018. Historically, government has used government funding in the form of taxes to finance government infrastructure projects, and state- owned entities (SOEs) have used cash collected from users and consumers to finance their projects. Funding challenges However, as a result of the budget deficit — which may exist for a number of years to come — and the dire financial situation in which 26 - CEC June 2018 SOEs find themselves, government and SOEs will have to rely more on private funding by banks, financial institutions, and foreign development investments (FDIs). Further borrowing by government and those entities may, however, cause further strain on government’s budget and that of SOEs. Because of ‘state capture’, the increase in corruption and fraud in several SOEs, as well as political risk, local and foreign funders may seek government guarantees to mitigate risk. Another factor that may deter funders, especially foreign funders and FDIs, from financing local infrastructure projects, is the credit rating assigned by rating agencies to government and SOEs. Recently, the credit ratings of government and SOEs such as ESKOM have been downgraded. If those credit ratings are further downgraded, foreign investors, funders, and local banks may not be all that eager to fund local infrastructure projects without a government guarantee. Further, the lower the credit rating, the higher the funding costs may be to mitigate risk. Cost overruns could also play a role in funding government and provincial infrastructure projects. This could result from political factors, changes in the scope of the project, and contractual issues. Almost all government infrastructure projects in the past five to eight years have experienced cost overruns. Such projects include the soccer stadia for the 2010 World Cup and the Medupi Power Station. Cost overruns put further strain on government funding as it will have to cover those cost overruns from sources it has not budgeted for. Private funders would become reluctant to fund such major infrastructure projects in the absence of sufficient risk mitigation. Cost overrun risk could be mitigated by government guarantees, contractual provisions that could impose a limit on cost overruns, and fixed price contracts, where cost overrun risk lies with the contractor. Are PPPs the solution? A PPP can be described as a contract between a public sector institution/ municipality and a private party, in which the private party assumes substantial financial, technical, and operational risk in the design, financing, building, and operation of a project. PPPs have been used to build, operate, and maintain government buildings and accommodation as well as for government’s Renewable Energy Independent Power Purchaser Procurement programme (REIPPP). Under PPPs, the private party is required to raise long-term funding in the form of equity and debt. An important factor for the private sector to participate in a PPP is the revenue