In September 2023, the Middelburg Specialised Commercial Crimes Court struck the matter of the state vs Matshela Koko and others off the roll, following an inquiry into whether there had been unreasonable delays in taking the matter to trial.

In the weeks following the court’s decision, the media published articles alluding to allegations that the magistrate, Stanley Jacobs, who presided over the matter, had had business dealings with Eskom since 2014.

The NPA’s ID investigated, 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 Jacobs.

As a result, the ID referred the matter formally to the Magistrate’s 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, saying it will re-enrol the matter shortly.