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PRIVATIZATION Privatization in Malaysia, Regulation, rent-seeking and policy failure

PRIVATIZATION Privatization in Malaysia, Regulation, rent-seeking and policy failure

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Institutional <strong>and</strong> political <strong>failure</strong> 57Table 3.02 <strong>Malaysia</strong>: Number of privatized projects by mode, 1983–2000Method 1983–90 1991–95 1996–2000 1983–2000Sale of equity (SOE) 4 94 11 109Sale/lease of asset (SOA/LOA) 5 39 35 79Build-operate-transfer (BOT) 9 21 15 45Build-operate-own (BOO) 1 18 10 29Build-transfer (BT) 0 5 0 5Corporatization (COR) 0 13 9 22Management contract (MC) 5 9 11 25Management buyout (MBO) 2 5 7 14Total 26 204 98 328Source: Adapted from Gomez <strong>and</strong> Jomo (1997: 84) for 1983–90; <strong>Malaysia</strong> (1996: 202–204) for1991–95; <strong>and</strong> <strong>Malaysia</strong> (2001a: 185) for 1996–2000.widely as possible among Malays, these privatizations were usually restrictedto services <strong>and</strong> small divestitures <strong>and</strong> contracts. Instead, a large proportionof privatization, <strong>in</strong>clud<strong>in</strong>g some of the largest, was allocated through nontranspa<strong>rent</strong>procedures to a relatively small group of capitalists, both Malay<strong>and</strong> non-Malay (many who received tra<strong>in</strong><strong>in</strong>g <strong>in</strong> NEP <strong>in</strong>stitutions <strong>and</strong> wereconnected to the political leadership, <strong>in</strong> particular the Prime M<strong>in</strong>ister <strong>and</strong>F<strong>in</strong>ance M<strong>in</strong>ister) (see Ho 1988; Jomo 1990; Gomez 1990, 2002c; Barraclough2000) <strong>and</strong> to politically favoured state <strong>in</strong>stitutional <strong>in</strong>vestors <strong>and</strong>nom<strong>in</strong>ee companies (see Goh <strong>and</strong> Jomo 1995: Table 7.9). Furthermore, theMoF reta<strong>in</strong>ed majority ownership of key privatized companies <strong>in</strong>clud<strong>in</strong>gthe two largest companies on the Kuala Lumpur Stock Exchange (KLSE),Telekom <strong>Malaysia</strong> <strong>and</strong> Tenaga Nasional Berhad (TNB, the national powercompany).<strong>Regulation</strong> was similarly personalized (rather than formalized), with someprivate owners report<strong>in</strong>g directly to Mahathir. 23 This can account for thegenerally weak, often absent, regulatory framework <strong>and</strong> ad hoc nature ofgovernment <strong>in</strong>tervention, often by diffe<strong>rent</strong> m<strong>in</strong>istries/m<strong>in</strong>isters, but with thePrime M<strong>in</strong>ister hav<strong>in</strong>g overrid<strong>in</strong>g authority. The low emphasis on regulationmeant that regulatory authorities were hampered by <strong>in</strong>sufficient autonomy<strong>and</strong> technical expertise, <strong>and</strong> limited to safety regulations with relatively littleeconomic regulation. Regulatory design was further complicated by multiple(often social) objectives <strong>and</strong> weaknesses <strong>in</strong> competition <strong>policy</strong> (see Lee, C.2004), as well as <strong>in</strong>stitutional fragmentation <strong>and</strong> compet<strong>in</strong>g agendas (e.g. <strong>in</strong>the public transport sector). These problems were partly due to technicalweaknesses <strong>and</strong> <strong>in</strong>herited bureaucratic structures, but also the nature ofpolitical considerations related to centralized <strong>and</strong> personalized patronagesystems.In particular, these <strong>in</strong>stitutional characteristics were a reflection of the<strong>in</strong>creas<strong>in</strong>g conflict <strong>in</strong> UMNO <strong>and</strong> subsequent authoritarianism discussedearlier. Follow<strong>in</strong>g Mahathir’s narrow re-election as party president <strong>in</strong> 1987,

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