Decline and fall of the demagogues

Decline and fall of the demagoguesTHIS ARTICLE could have been entitled ‘The Bonfire of the Vanities’ (with apologies to the book’s author Tom Wolfe) as it too is all about ruthless ambition, political sleaze and rampant greed.

However, as vanity in others is regarded in Cyprus as something normal and acceptable, even praiseworthy, and the more so the higher an individual claws their way up the demagogic ladder, calling this article ‘The Bonfire of the Vanities’ would have been a waste of wit.

Dismantling Sovereign Corruption

As noted in my 2013 book Corporate Risk and Governance, for a very long time Cyprus has suffered from a pernicious form of corruption that goes far beyond petty and even grand corruption, namely ‘sovereign corruption’. Widespread collusion occurs over a very long period between, on the one hand, unethical companies and their bosses (for example, those engaged in wholesale cheating of customers, suppliers and/or the taxpayer) and, on the other hand, party hacks across the political spectrum and officials of successive administrations and local authorities. This is to the detriment of the public interest in general and particular classes of persons or corporate entity or particular individuals and organisations. If the government fails to radically correct the tainted system and the collusion, it creates an impression that corruption has become an accepted and institutionalised fact, i.e. an instrument of state policy. That is sovereign corruption.

Prior to 2013, it was unimaginable that any government in Cyprus would ever change this corrupt status quo since they were all assumed to be ‘up to their necks in it’ for reasons of personal gain, greed, lust for power and, no doubt, a good old dose of vanity. No one wanted to rock the boat, no one wanted to derail their own gravy train and no one had the courage to take on the powerful demagogues who were the biggest patrons, drivers and beneficiaries of the corrupt system. However, a combination of the national financial crisis of March 2013, the EU/IMF/ECB bailout terms and the immediate arrival of a new government under President Nicos Anastassiades appears to have provided an almost unique opportunity for the corrupt mould to be broken. The new President made it clear through numerous public statements that this was precisely one of his policies and one that would be carried through. Many thought it was just a political PR stunt without any likelihood of implementation but, after a somewhat faltering start, we began to see clear examples of investigations, arrests and criminal proceedings against very senior exemplars of the corruption.

The Gathering Storm

Let us consider the growing list of scandals in Cyprus that have hit the headlines in the past year or so that involve individuals who arguably could be described as demagogues. They are demagogues not only because they are recognised as being from the patrician class of wealthy and powerful Cypriots, but also because of arrogant statements and behaviour of some of them in the face of public scrutiny and disapproval. Typically, judging by their words and actions, they believe themselves not only to be untouchable and unaccountable but also to have a right to be so because they are who they are. Sound familiar? Remember the notorious American businesswoman Leona Helmsley who in 1989 was convicted of federal tax evasion and sentenced to 16 years in prison? She was quoted in evidence as saying ‘We don’t pay taxes. Only the little people pay taxes’.

Here is a short list of recent cases involving serious allegations against erstwhile powerful individuals in Cyprus:

The conviction in June 2014 of Akis Lefkaritis, a senior figure in the Lefkaritis petroleum business, for sexual exploitation of under-age girls. Sentenced to 12 years in prison. It is widely believed that his predatory behaviour had been known for years by the authorities but had been ignored because of his powerful status.

The conviction in September 2014 of a former Governor of the Central Bank of Cyprus, Christodoulos Christodolou, on six counts of tax evasion which he admitted. Fined EUR 13,500 and sentenced to five months’ imprisonment. In statements surrounding the trial, he implied that he was being unfairly treated as half the population engages in tax evasion.

The on-going trial of Theodoros Aristodemou, chairman and MD of Aristo Developers, his wife, an employee and a municipal engineer for allegedly altering title deed documents in the Land Registry to increase the area of land plots usable for development. Further investigations continue. Aristo is former chairman (while chairman and MD of Aristo) of the Bank of Cyprus and resigned on ill-health grounds in 2012 prior to the near collapse of BoC in March 2013. Unanswered questions remain about his BoC tenure, including possible conflicts of interest and the probity of a personal BoC loan of over EUR 200 min.

The on-going trial in Greece of a former Cyprus Interior Minister, Dinos Michaelides, on corruption charges alleging the laundering of bribe money.

The on-going trial of numerous individuals allegedly involved in the CYTA Pension Fund land fraud, involving ramping of land value, manipulation of investment decisions, bribery and corruption. Defendants include Stathis Kittis, former CYTA board chairman; Charalambos Tsouris, former CYTA board member; Orestis Vasiliou, former secretary general of the CYTA employee union; Nicos Lillis, businessman and football club chairman; an AKEL official and a Land Registry official.

The on-going investigation and prosecution of numerous individuals allegedly involved in bribery, corruption and financial irregularities connected with the Paphos Sewerage Board. These include the Mayor of Paphos Savvas Vergas (now resigned), an AKEL Deputy, an AKEL Councillor, an EDEK Deputy, the CEO of Medcon Construction and the MD of Nemesis Construction. Thus far, Vergas has admitted receiving bribes. Further charges are pending.

With such a growing list, maybe some demagogues do in fact have feet of clay. Some signs of their belated humility would certainly not go amiss. Let us hope that exemplary sentences are handed down to those convicted. A paltry five months in Christodolou’s case makes it look as if the judiciary are still part of the sovereign corruption. I hope I am wrong.

Who Next?

It is starting to look as if the cleaning of the Augean Stable is gaining a momentum that will spare no one having even a whiff of corruption about them.

There are still plenty of big shots and big organisations awaiting the exquisite investigatory ‘tortures’ of the Auditor General and it is a fair bet that, as 2015 rolls on, yet more cases will be revealed to the public. But, as Auditor General Odysseas Michaelides has stated clearly, the requirement for honesty and integrity transcends all levels of person and organisation and so even lesser demagogues are likely to come under the microscope.

For example, there are plenty of examples of very dubious civic projects and transactions in the villages where public transparency on the awarding of contracts and the costs of projects has been deliberately blocked by the local council. Local residents and taxpayers are, apparently, not entitled to know. For example, how much did the new council offices cost to build? Who were the bidders, what were their bids, why was a particular bid successful, did prior due diligence exclude any bidder on the grounds of family or other connections with council officers? Indeed, were council officers required to declare any connections they may have had with bidders or any financial interest in the land or the bids?

Similar questions might arise over, say, a new civic cemetery as well as why the purchase price of the land was so high, what alternative sites were considered and why building a wall round it cost hundreds of thousands of Euros. The financial probity in all such cases surely warrants investigation.

Roll on 2015!

About the author

Dr Alan Waring Is an International risk management consultant with extensive experience in Europe, Asia and the Middle East with industrial, commercial and governmental clients.

His latest book Corporate Risk and Governance is at http://www.gowerpublishing.com/isbn/9781409448365.

Contact [email protected]

©2014 Alan Waring

Construction slowdown continues

THE NUMBER of building permits authorised in September 2014 stood at 407 compared with the 422 authorised in September last year; a fall of 4%, according to figures released by the Cyprus Statistical Service.

Compared to September 2013, the total area of these permits rose by 11% to 70,103 square metres from 63,022, while their value rose 11% to €77.9 million from €70.4 million.

During September, building permits were issued for:

  • Residential buildings – 286 permits
  • Non-residential buildings – 80 permits
  • Civil engineering projects – 15 permits
  • Division of plots of land – 20 permits
  • Road construction – 6 permits

New home construction

The 286 residential building permits authorised in September provided for the construction of 308 dwelling units comprising 144 single houses and 164 multiple housing units (such as apartments, semis, townhouses and other residential complexes).

Cyprus construction slowdown continues

Year to date performance

During the first nine months of 2014, a total of 3,714 building permits were authorised; a fall of 7% compared to the 3,993 permits authorised during the same period last year. The total value of these permits has fallen by 26%, while their total area has fallen 27%.

According to the Cyprus Statistical Service, building permits constitute a leading indicator of future activity in the construction sector.

Capital restrictions eased

Cyprus capital restrictions easedCYPRUS on Friday eased restrictions on overseas payments, but fell short of scrapping completely capital controls imposed in the wake of a bailout crisis in early 2013.

Authorities said they would raise the limit on cash transfers abroad to 2 million euros without prior permission required, from 1 million euros.

Individuals would also be able to transfer up to 10,000 euros out of the country per month, from a previous 5,000 limit. Travellers abroad would also be allowed 6,000 euro per person, from a previous 3,000 euro ceiling.

Cyprus introduced capital controls in April 2013 to prevent a cash flight after a chaotic bailout forced the closure of one bank, and a second bank seized deposits to recapitalise.

It was the first time controls were imposed in the history of the euro zone.

Authorities recently said they would consider easing capital controls once there were signs deposits in the banking system had stabilized.

– Reuters

November property sales fall

FOLLOWING eight consecutive months of increasing sales, the number of properties sold in Cyprus during November fell compared to the same period last year according to the latest official statistics from Department of Lands and Surveys.

During November, a total of 370 contracts to purchase immovable property were deposited at Land Registry offices across Cyprus; a 6% fall compared to the number deposited in November 2013 (394).

Of those 370 contracts, 93 (27%) were deposited in favour of overseas buyers, while the remaining 277 (73%) were deposited in favour of domestic buyers.

Year to date sales

During the first eleven months of 2014 total property sales reached 4,073; an increase of 685 (20%) on the 3,388 sales recorded during the same period last year.

Domestic sales

Sales to the domestic market declined 7% compared to November 2013.

Sales in Famagusta, Paphos and Limassol fell by 54%, 31% and 12% respectively, while sales in Larnaca increased by 49% and sales in Nicosia rose 16%.

Cyprus domestic property sales

Year to date

During the first eleven months of 2014 domestic sales reached 2,977; an increase of 493 (20%) on the 2,977 sales achieved during the same period last year.

Overseas sales

Sales to the overseas market declined 3% compared to November 2013.

Although sales in Larnaca, Famagusta and Nicosia increased by 170%, 133% and 40% respectively, these increases were more than offset by the fall in sales in Limassol (-46%) and Paphos (-35%).

Cyprus overseas property sales

Year to date

During the first eleven months of 2014 property sales to the overseas market reached 1,096; an increase of 192 (21%) on the 904 sales achieved during the same period last year.

Statute of Limitations Law extension

POLITICAL parties DISY, AKEL and EDEK wish to extend the transition period of the Statute of Limitations Law and we understand that a proposal will be put to a plenary session of the House today.

The chairman of the Legal Affairs committee, Sotiris Sampson, said that the committee will put forward a proposal to give banks sufficient time to proceed with debt settlements.

The transition period of the ‘new’ limitations law “The Limitations Law (66(1) 2012)”, which came into force on 1st July 2012, had a one-year transition period. In May 2013 the transition period was extended by six months and in December 2013 it was extended by a further 12 months.

We understand that the proposal being discussed today will further extend the transition period by 6 or possibly 12 months.

The 2012 law provides for different limitation periods depending of the nature of the actionable right. For example:

Actionable Right
Limitation Period
Breach of contract Six years
Damages for nuisance, negligence or breach of Statutory Duties Six years
Defamation or malicious falsehood One year
Tort Actions Three years
Action for remuneration of self-employed persons (e.g. lawyers, doctors, architects, etc.) Three years
Bills of exchange, Bonds in customary forms, cheques, promissory notes Six years

Among those set to benefit from a further extension to the transition period are those who bought property in Cyprus with loans denominated in Swiss Francs.

As many of these loans were arranged in 2006, time was running out for them to decide whether to bring a claim against the bank for mis-selling.

This possible extension allows them further time to ponder.

Update 5 December

Yesterday MPs voted to suspend the Statute of Limitations law and it will now come into effect on 31 December 2015.

Will Cyprus get next bailout tranche?

Will Cyprus get next bailout tranche?CYPRIOT authorities believe that the next bailout tranche of the rescue plan will be disbursed soon while Troika has already scheduled the next visit to Cyprus, although the foreclosures law has not yet been voted by the Parliament.

The Ministry of Finance expects that the fifth tranche of the bailout will be disbursed over the next two weeks and the sixth assessment will commence on January 27.

A senior Finance Ministry source told StockWatch that the Cypriot authorities were informed officially that the international creditors will be in Cyprus by late January, irrespective of the growing reactions of the opposition in relation to the controversial legislation on foreclosures.

The Ministry expects that the new reactions of the opposition in relation to the disputed bills on foreclosures and insolvency will not reverse the smooth implementation of the program.

The program remains stagnant since the last Troika visit in July, due to problems in promoting the bill to hasten foreclosures, despite the substantial improvement in public fiscal indicators.

Cyprus is expected to show a deficit of 2.5% and a primary surplus this year – two years prior to the initial estimates.

According to the Finance Ministry, the tranche is now expected to be disbursed on December 15.

On remarks that the opposition is promoting draft laws to suspend the implementation of the foreclosures law, the senior Finance Ministry source estimated that the decision for the disbursement of the tranche is final.

He noted that the full implementation of the law will be feasible after the preparation of relevant regulations.

These regulations have not yet been approved and, according to the Attorney General’s office, the law cannot be applied without them.

The opposition is preparing proposals to suspend the implementation of the Law on the foreclosure of primary residence. It also disagrees with various provisions of the insolvency framework.

The insolvency framework, which consists of five laws, is not expected to be approved before the end of the year as stipulated in the rescue plan.