14 Leaders TheEconomistFebruary26th 2022
cause of postcrisis regulation, private firms suchasApollo,
Blackstone, Carlyle and kkr have filled the voidbyexpanding
into debt markets. This has helped private marketstomorethan
quadruple in size since 2008, to over $10trn.
Meanwhile, the clients—institutional investorssuchaspen
sion funds—have been desperate to pep up returns.Thepricesof
shares are already high, the income you get frombondshasbe
come puny as interest rates have dropped, and anageingpopula
tion is putting pressure on the solvency of pensionfunds.In
these circumstances, private markets’ record ofdecentreturns
is hard to resist. Public pension funds with large deficits,includ
ing Calpers, a Californian giant, are praying thatpuntsonpriv
ate markets will save them.
You might think this colossal bet would get
lots of scrutiny. In fact most criticism of private
funds has been directed elsewhere. Leftlean
ing politicians, for example, worry about bar
barian owners destroying jobs, when the evi
dence of this is patchy at best. Meanwhile the
risk that returns will be mediocre is growing.
One reason is the law of large numbers. As
cash saturates the industry, it will tend to push down returns.
America now has 18,000 private funds, 50% more than five years
ago. The jostling will intensify further as large equity managers
such as BlackRock and Vanguard push deeper into private mar
kets in response to a clamour from yieldhungry clients. There is
even a fastgrowing market for secondhand privateequity
stakes. For investors this secondary market is doubleedged: it
makes it easier to trade, but should reduce private assets’ “illi
quidity premium”—the extra return investors enjoy for sacrific
ing ease of selling.
Another worry is rising interest rates. Cheap debt is the life
blood of buyouts. Not everyone in private markets will suffer
fromhigherrates:theyarea fillipforsomeprivatedebtstrat
egies,notleastthosethatspecialiseinrestructuringcompanies
introuble.Butdearerborrowingisa netnegativefortheprivate
capitalindustry.A finalconcernisthatgovernmentswill,belat
edly,clampdownonthetaxwheezesthatprivateinvestment
firmshavelongexploited,suchasthedeductibilityofinterest
payments and the “carriedinterest” loophole, which allows
themtobookprofitsascapitalgains.
Noneofthismeanstheindustryfacesanimmediatecrisis.
Mostfundslockupmoneyforyears.Somewillcontinuetodo
wellbyhuntingforbargains,andtheevidencesuggeststhatit is
easierforskilledinvestorstooutperforminprivatemarkets
thanitisinpublicones.Nonethelesstheover
all pot of money invested in private assets
seems likelytoface aslowburning deterio
rationinperformancethatleavesreturnslook
inghumdrum.
Whattodo?Mostbigprivateinvestingfirms
haveshiftedfrombecomingniche,handson
investorstobeingfinancialsupermarkets,fo
cused most on growing the asset base from
which they charge fees. They may need to reinvent themselves,
by, for example, finding opportunities that public markets ne
glect, from building infrastructure to creating renewable energy
assets. And they will have to cut high fees as returns become
more pedestrian
The ultimate investors in private markets, such as pension
funds, can do their bit by insisting on lower fees and greater
transparency, or trying to bypass fees by investing in private as
sets directly. Even so, it will become harder to avoid the reality
that private markets are not a magical solution to an era of low
investment returns and insolvent pension schemes. It is timeto
get real about what private markets can and can’t accomplish.n
Global asset values
2000=
1,
1,
500
0
10052000 2115
Publicmarket
capitalisation
Private equity net
asset value
W
hen nelson mandela opened South Africa’s Constitu
tional Court in 1995, he said it would determine “the future
of our democracy”. The first president of the democratic era ar
gued that the court was as important to the new constitution as
the parliament and presidency. Judges should be “creative and
independent” in ensuring that, in contrast to apartheid, no per
son was above the law, regardless of their race, power or wealth.
By and large, the judges have done their job. The Constitu
tional Court has defended citizens failed by a callous state, for
instance by ordering the government of Thabo Mbeki to provide
antiretroviral drugs to people with hiv. It has challenged abuses
of power by Jacob Zuma, whose presidency in 200918 was de
fined by widespread looting. Last year the highest court sent Mr
Zuma to prison after he disobeyed an order to appear at an offi
cial inquiry into corruption during his tenure.
Yet the courts are facing grave threats (see Middle East & Afri
ca section). Populist politicians who loathe the rule of law want
to see pliant judges appointed who will bend to their will. Those
who believe in the constitutional principles set out by Mandela,
including the president, Cyril Ramaphosa, are not doing enough
to safeguard his legacy. The mix of relentless attack and pusil
lanimous defence bodes ill for South African democracy.
Critics accuse judges of overstepping their boundaries and
usurping legislation. It is true that the judicial branch has be
come involved in politically rancorous disputes. But this reflects
the failure of the other branches of government to do their jobs.
The more politicians from the ruling African National Congress
(anc)have abused their privileges, and the more abject their
failure to improve the lot of ordinary South Africans, the more
ngos and opposition parties ask the courts to hold them to ac
count. As Dikgang Moseneke, a retired justice, puts it, “Judges
don’t look for cases; rather cases look for judges.”
What is more, the courts’ critics do not really care about the
separation of powers. For ancpoliticians such as Lindiwe Sisu
lu, who recently blamed “house negroes” on court benches for
South Africa’s ills, attacks are a shameless effort to pass the
blame. Ms Sisulu has spent more than two decades as a consis
tently ineffective minister. In other cases cynical selfinterest is
masquerading as legal criticism. Many spewing vitriol, includ
ing Mr Zuma, who has compared judges to apartheidera rulers,
South Africa must do more to protect its judges
Courting trouble
Democracy in South Africa