Koko corruption case: NPA files complaint against magistrate over conflict of interest

The NPA’s Investigating Directorate (ID) said on Thursday that it has filed a complaint against the magistrate in the corruption case of former Eskom boss Matshela Koko.

The ID asked the Magistrates’ Commission to investigate Stanley Jacobs. It has accused him of having a possible conflict of interest.

Magistrate had business dealings with Eskom

Koko’s corruption case was struck off the roll in September 2023 by the Middelburg Specialised Commercial Crime Court, saying there had been unreasonable delays in the case.

Months after the court’s decision, it was revealed that Jacobs’ company, BEP African Consulting, had business dealings with Eskom while Koko was CEO of the parastatal.

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In April, national director of public prosecutions Shamila Batohi questioned why the case had been struck off the roll and accused Jacobs of making a “drastic” decision.

“In that particular case, the magistrate could have made one of several orders. He took the most drastic order of striking off and we must ask the question why,” she said.

Corruption case against Koko

The case against Koko and his co-accused was looking into alleged corruption, fraud and money-laundering related to the R2.2 billion engineering contract awarded to Swiss company ABB.

Koko’s co-accused are his wife, Mosima; his two stepdaughters Koketso Aren and Thato Choma; the advisor to former state security agency minister Ayanda Dlodlo, Thabo Mokwena; attorney Johannes Coetzee; businessman Watson Seswai; and former project director at Kusile Power Station, Frans Sithole.

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ABB has since paid back more than R2.5 billion to South Africa as part of a prosecution deal.

According to News24, Jacobs made contradictory statements about his company. He reportedly told the publication he didn’t declare his company because BEP African Consulting was dormant. He, however, told the Magistrates’ Commission that he had declared the company.

NPA to re-enroll the case

The NPA said it will re-enroll the matter shortly.

“The NPA’s Investigating Directorate (ID) conducted an investigation, which included engaging with the SIU, and confirmed that there was merit in the allegations aired in the media about a possible conflict of interest by the said magistrate.

“As a result, the ID referred the matter formally to the Magistrates’ Commission for further investigation. It will also alert the Legal Practice Council to this referral.

“The NPA remains confident in the strength of its case and the expertise of its prosecution team,” said ID spokesperson Henry Mamothame.

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