Kusile power station in Mpumalanga. Photo: Wikimedia Commons
The National Prosecuting Authority’s (NPA) Asset Forfeiture Unit (AFU) and the Special Investigating Unit (SIU) have obtained an order to preserve the luxury assets belonging to individuals implicated in corruption at Eskom’s Kusile power station in Mpumalanga.
The order, dated 16 February 2023, was obtained at the North Gauteng High Court in Pretoria.
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It authorises the AFU and SIU to preserve – among others – two portions of a farm that is used as a lodge in Mbombela, a commercial property, and five cars that are believed to be proceeds of unlawful activities at Kusile power station following allegations of maladministration and corruption.
In a joint statement on Monday, the AFU and the SIU said the preservation orders were a result of an SIU proclamation originally issued in 2018 to conduct an investigation into the affairs of Eskom.
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According to the law enforcement agencies, an Eskom vendor, Tamukelo Business Enterprises, has been implicated in allegations of serious maladministration and corruption at Kusile.
The company provided water trucking services to the Kusile project site from approximately 15 June 2009 to November 2020. It allegedly made various payments to the benefit of various current and former Eskom officials, including former Eskom manager Duduzile Moyo.
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The alleged corruption resulted in the power utility losing almost R400 million from the unlawful tender granted to Tamukelo.
“The SIU’s findings implicate the members and representatives of Tamukelo Business Enterprises in allegations of serious maladministration and corruption.
“The preliminary investigations by the SIU revealed that Eskom, in respect of this case, lost almost R400 million from the unlawful tender which was granted to the vendor.
“Former Eskom employee Duduzile Babalwa Moyo received payments or benefits of more than R24.5 million, which were paid from Tamukelo Business Enterprise for the transportation of raw and potable water from Kendal power station to Kusile power station,” read the statement.
“The evidence obtained to date has revealed offences in terms of section 3 (a) and section 3 (b) of the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004) (‘PRECCA’), a pattern of racketeering activities as envisaged in section 2 (1) (a) (i) of POCA and money laundering in terms of section 4 (a) and (b) of POCA by, inter alia Duduzile Moyo and Tamukelo.”
The AFU and SIU said the next step will be for them to apply for a forfeiture order.
Once a forfeiture order is granted, the properties will be sold at a public auction and the proceeds returned to Eskom.
“Investigations are still ongoing. Casambo Property Development have listed the commercial property for sale at a reduced price of R3 000 000. This court action put a stop to the sale. Tamukelo is currently going through a deregistration process, and this does not shield the company and its directors from accountability.
“This preservation order is part of the implementation of the National Anti-Corruption strategy by law enforcement agencies to strengthen its fight against corruption, especially when such crimes are committed by state employees in positions of trust to deliver services for the benefit of the public and the economy, but instead steal from the most vulnerable to enrich themselves and fund their opulent lifestyles.”
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