Supreme Court verdict stayed short of
disqualifying Pakistan Prime Minister Nawaz
SharifIn a split 3-2 decision, the Supreme Court (SC) while forming a
Joint Investigation Team (JIT) stayed short of disqualifying the Prime Minister
(PM) in the eagerly awaited Panamagate decision on Thursday, allowing the PM to
continue holding office.
The JIT [to be comprised of one senior official each from the
FIA, NAB, SECP, SBP, ISI and MI] has been tasked to investigate offshore assets
[incl. money transfer to Qatar] of the PM’s family.
In this regard, the SC also ordered PM Nawaz Sharif, and his
sons Hasan and Hussein to appear before the JIT.
The JIT will be formed in the next 7 days and has also been
ordered to present a report every two weeks before the five-judge SC bench and
conclude the investigation in 60 days.
Our take
The efficacy of the agencies represented in the JIT to conduct
an independent investigation against a sitting PM is going to be challenging,
in our view, as some of these agencies have reportedly expressed an inability
to conduct an inquiry citing various reasons such as immunity of public office
holders, lack of evidence, legal jurisdiction, etc.
At the same time, the plaintiffs will also have to produce a new
set of supporting evidence as the ruling deems the current evidence to be
inconclusive. This can be challenging for both the plaintiffs and the JIT to
complete the investigation in the stipulated 60 days.
Market Reaction
The market has reacted positively (KSE100 up 3.85% intra-day to
close with a gain of 2.57%) as the delay in the Panamagate verdict had clearly
been an overhang on market sentiments (momentum which picked up in the closing
months of 2016 petered out with the KSE100 marginally down 0.4%CY17TD).
In this backdrop, daily value traded is materially down to
average US$113.7mn in Apr’17-to-date compared to US$274.4mn in Jan’17 and to
its 6 months average of US$194.87mn.
The market has been in a consolidation mode (down ~3%) since the
verdict was reserved on Feb 23’17. In this regard, the benchmark has regressed
from close to +2 standard deviation towards +1 standard deviation (vs.
the one year moving average) in the review period.
With political uncertainty now relatively lower, we expect the
market sentiments to improve with focus now being upon the upcoming MSCI EM
inclusion and Budget FY18. In this backdrop, we recommend a thematic exposure
in front line Banks (double digit loan growth from CPEC related activities
expected to counter pressure from a relatively lower interest rate environment)
with UBL (fwd. PB/PE 1.6x/9.7x) as our preferred pick, OMCs (robust volumetric
growth as the industry prepares to increase storage) with HPL (CY17/18F PE of
19.6/15.1x) as our preferred pick in the space, Cements (double digit domestic
demand growth with a vibrant private construction environment) with LUCK (FY17E
PE 20.01x) as the preferred pick and Autos (healthy order book indicating
steady demand, ability to increase prices) with INDU (FY17E/18F PE of
11.4/11.0x) making the cut in the auto space.
Upcoming Checkpoints
· Formation
of JIT in next 7 days with investigation to be concluded in 60 days
· Inclusion
in the MSCI EM space in May’17 where Pakistan is slated to have a weight of
around 19bps
· Federal
Budget FY18 expected to be announced on May 26’17. This would be the last
budget of PML-N before general elections in May’18
· Major
political parties are expected to kick-start their election campaigns shortly
Panamagate Recap
· Prior
to the closing of hearing (reserved since Feb 23’17), the Supreme Court heard
petitions in the Panama Papers leaks case filed against PM Nawaz Sharif, his
family members and others.
· To
recall, the Panama Papers leaks in Apr'16, showed the Sharif family's connection
to offshore entities registered in tax havens with assets vastly exceeding
legal income sources.
· No
offshore company in the Panama Papers is in the name of Nawaz Sharif or his
brother Shahbaz Sharif, Chief Minister of Punjab.
· However,
several entities are listed in the names of the PM’s three children, Mariam,
Hasan and Hussain, who were owners or had the right to authorize transactions.
· That
being said, the PM and his children are accused [in the Panamagate case] of
money laundering and owning offshore assets without disclosing the source and
trail of funding.
· The
opposition led by the PTI (ruling party in the province of KPK, second largest
party in opposition) began a spate of protests, threatening a street movement
to force PM Sharif to face a proper inquiry over the claims in the leaks (ended
on Nov 1’16 as the Supreme Court announced to hear multiple petitions in the
case).
· The
delay in announcing a verdict had been due to the unavailability of SC judges
hearing the case as they were in different registries of the SC.
A report by Pakistan’s leading brokerage house, AKD
Securities