Cape Town – Erstwhile Eskom boss, Matshela Koko filed an application for the review of the state capture commission report, Weekend Argus can reveal.
“The commission has set up the National Prosecuting Authority to fail,” said Koko after tabling his application at the Gauteng High Court.
“This review will be successful… Zondo commission got carried away. Eskom is in a worse position today because the commission failed to uncover the real capture of Eskom,” Koko told Weekend Argus.
Chief Justice Raymond Zondo’s report on state capture at Eskom, released in April, stated that there was a, “pervasive culture of corrupt practices, mismanagement and malfeasance that had been inculcated within Eskom promoted by executives and board members since 2014”.
Zondo has recommended that former Eskom executive Anoj Singh, and Koko should face criminal charges for paving the way for the Gupta family to purchase Optimum coal mine using Eskom money.
The fourth instalment of the commission’s report, digs into the alleged capture of Eskom by the Gupta family — who, in 2015, allegedly benefited from a R659-million payment and the R1.68-billion guarantee from the state power utility.
The report found that Singh, Koko, Brian Molefe and board members should be probed and possibly prosecuted for failing “to exercise their fiduciary duties and prevent financial prejudice” to the power utility in terms of the Public Finance Management Act.
The 1064-page report states that all Eskom officials involved in the transactions to the Gupta-owned Tegeta Exploration and Resources are guilty of theft “and ought to face criminal charges for such corruption related conduct”.
Koko, who was suspended in March 2015, along with three of Eskom’s top executives, was found by Zondo to have returned to his job under suspicious circumstances.
He was the only one of the four to return and, Zondo found, because he was part of the Gupta scheme, he was required to play along.
On his return in July of that year, Koko brought with him project plans that appeared to be designed for the appointment of Gupta-linked companies Regiments, and later Trillian, as business development partners to larger contractor McKinsey and Company, and would cost Eskom millions of rands, Zondo found.
He added: “It is plain that Mr Koko’s suspension was a ruse … the Guptas and their associates must have identified Mr Koko much earlier as someone who could work with them to advance their capture of Eskom and, therefore, their business interests.”
But Koko is now officially fighting back, saying Zondo got it all “very wrong”, and is therefore asking the court to take the report on review.
“… Where the commission has made adverse findings, remarks and conclusions which are not rationally connected to the evidence before the commission and to the power given to it for its purpose, then this court is asked to order reviewing and setting aside of such impugned findings, remarks and conclusions from the state capture reports,” said Koko in his court application, seen by Weekend Argus.
Koko also alleged in the same application that the commission failed to consider relevant evidence and to interrogate critical persons such as Prish Govender, Johann Bester, Suzanne Daniels, Rishavan Moodleh and Cliton Ephron.
Govender is one of the former executives who faces serious allegations, some involving the Gupta family while Bester, the power utility’s former fuel sourcing manager, is accused of allowing the Gupta company, Tegeta to call the shots at Eskom.
Former Eskom company secretary Daniels accused Koko, at the commission, of trying to “mislead“ the inquiry on mystery Eskom emails.
“These persons were allegedly involved in the malfeasance at Eskom.
“Interrogating these witnesses would have weakened the commission’s narrative against me. I am advised that this is a reviewable irregularity,” said Koko, adding that the commission failed to consider “relevant evidence” that Glencore acquired Optimum Coal Holding (OCH), the holding company of Optimum Coal Mine (OCM), which supplied coal to Eskom since 1970.
President Cyril Ramaphosa was in partnership with Glencore while a director of Shanduka Group.
The mining giant was recently implicated in dodgy dealings and was fined over $1 billion.
Meanwhile, the company said that with the allegations relating to Optimum Coal, it had co-operated fully with the public protector's investigation and the Zondo commission into state capture. Glencore denied any allegation of wrongdoing and the conclusion of both processes confirmed this, it said.
The Organisation Undoing Tax Abuse (Outa), said Koko’s attempt to get the report overturned was tantamount to that of being desperate.
“I believe he is clutching at straws. He won’t be successful,” said Outa’s Wayne Duvenage.
“Goodluck to him, he will need it, because I really think he will be unsuccessful,” said Duvenage.
Weekend Argus.