Eskom and NPA to collaborate on state capture cases

The National Prosecuting Authority (NPA) and power utility Eskom have announced they will be collaborating on state capture cases following the release of the report of the Commission of Inquiry into Allegations of State Capture.

In the fourth part of the state capture report released last Friday, Chief Justice Raymond Zondo recommended criminal prosecution of the 2014 board of directors at Eskom to recover all the financial losses suffered by Eskom as a result of decisions taken by the 2014 board (except Norman Baloyi) against the interests of the parastatal.

“The 2014 Eskom board and senior executives repeatedly denied wrongdoing and even actively intervened or stopped Eskom from taking the necessary legal steps to have these contracts reviewed […] and recover associated payments,” reads part of the report.

READ MORE: State capture report: Eskom’s 2014 board largely responsible for power utility’s downfall

Following a meeting between National Director of Public Prosecutions Shamila Batohi, her top leadership team, Eskom CEO André de Ruyter and members of his executive team, at the NPA head office on Thursday, the two entities committed to work together on these cases, the power utility announced in a statement.

The collaboration aims to hold to account those most responsible for corruption at the power utility,
“considering the devastating impact these crimes are having on SA’s development and economic prospects, and which disproportionately affect the poor and the vulnerable.”

“This includes increasing the sharing of information and high-level and operational coordination while protecting the NPA’s independence and mandate. Where possible, the NPA and its Investigating
Directorate (ID) will engage appropriately with Eskom investigators and legal experts to support its efforts to ensure accountability for alleged perpetrators, especially in complex and seminal cases,” said Eskom.

The two entities also agreed to continue to cooperate on top law enforcement coordination structures that focus on other crimes like cable theft and damage to essential infrastructure which seriously hamper the daily operations at Eskom and other state-owned entities.

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Eskom said it has set up a project team, to ensure that the Judicial Commission of Inquiry into Allegations of State Capture, Fraud and Corruption report is reviewed, understood and appropriate actions are taken to address recommendations made therein and to protect Eskom’s interests.

The NPA has committed to enrolling these cases in the coming months.

Compiled by Vhahangwele Nemakonde