Press release on the nationalisation of the South African Reserve Bank
The South African Reserve Bank ("SARB or "Bank") has noted the media interest evidently generated by comments of ANC Secretary-General Gwede Mantashe and would like to clarify the current parameters within which the SARB operates.
The main objective of the SARB, as set out in the SARB Act and the Constitution, is to protect the value of the currency in the interest of balanced and sustainable economic growth in the RSA. This is achieved through the conduct of monetary policy. Since monetary policy issues and the economy affect the society as a whole, central banks worldwide are regarded as public entities that fulfil public interest roles. In practice, the pursuit of this role is not synonymous with the realisation of profits. The SARB is required to conduct its activities in the public interest only, without regard to profit maximisation.
The SARB is a creature of statute, with the status of an independent legal person which may not be liquidated other than by an Act of Parliament. Its independence is entrenched in the Constitution and it is not owned by anyone. Control of the SARB is exercised between its shareholders and Government in a manner whereby the latter, in normal circumstances, may exercise ultimate control over the Bank. Furthermore, the SARB Act does not grant shareholders any authority to remove directors. By virtue of the fact that the Bank is a creature of statute, they are also unable, by means of a resolution or otherwise, to amend or change the Bank's constitution.
Individual shareholders are prevented from exercising undue influence over the control of the SARB by virtue of the prescription that no shareholder may hold more than 10,000 shares in the Bank. They also receive a fixed dividend at a rate of ten per cent per annum on the value of their shares held, provided that profits are realised. Voting is restricted to one vote for every 200 shares held, with a maximum of 50 votes per individual shareholder, which votes may be exercised at meetings of shareholders of the Bank.
It is evident that the concept of shareholding in the Bank is based exclusively on principles of shared community representation and participation in the oversight of the SARB, for purposes of increased independence, transparency and accountability, in the ultimate interest of the general public of the RSA. SARB shareholders should therefore at all times exercise their powers in accordance with these principles and avoid any actions which could be construed as an attempt by them to abuse their powers for purposes of self-interest and own enrichment.
The SARB has a unitary board structure. The Board consists of a Governor, three Deputy Governors and three other directors, all appointed by the President of the RSA (after consultation with the Minister of Finance (‘Minister') and the Board), and seven other directors, appointed by the shareholders. The SARB Act determines that the Bank shall be managed by the Board and that the Governors and Deputy Governors must devote the whole of their time to the business of the Bank.
Statement issued by Samantha Henkeman, South African Reserve Bank, January 25 2010
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