Unsanctioned Eskom graft report gains cautious approval

Law enforcement agencies – which have slated former Eskom CEO André de Ruyter for commissioning an unsanctioned intelligence report on the depth of graft at the state-owned power utility – yesterday conceded the dossier was “useful”.

However, Special Investigating Unit (SIU) head, advocate Andy Mothibi and Directorate for Priority Crime Investigation (Hawks) boss, Lieutenant General Godfrey Lebeya, yesterday declined naming those implicated.

They were answering questions from MPs during an appraisal by the Standing Committee on Public Accounts on De Ruyter’s report exposing how Eskom has been crippled by endemic corruption, which allegedly involved high-profile politicians, employees and unscrupulous companies.

Mothibi cited “legal constraints” when asked to name the dodgy entrepreneurs and politicians, and if former deputy president David Mabuza was on the list.

“I’m taken aback by your pursuing the messenger and not those acted deliberately and consciously broke the law,” said Democratic Alliance MP Alf Lees.

“The group CEO was attempting to deal with issues in the best In the short-term it’s going to intensify load shedding interest of the company. Why are we not pursuing others in the same manner? You do not want to disclose the names in the report. Is David Mabuza in that report?”

This, against the SIU’s preliminary findings, which pointed to:

• De Ruyter not having been sanctioned by the Eskom board to commission the intelligence probe – with the SIU considering holding him to account.
• A parallel investigation funded by Business Leadership South Africa and unknown private entities, showing De Ruyter’s distrust of law-enforcement agencies.
• George Fivaz Forensic & Risk not registered as a vendor in Eskom’s list of service providers.

Mothibi and Lebeya conceded that the Fivaz report was “useful”, with Mothibi saying it could not be ignored, because it can point to areas that require investigation.

“While we note its usefulness, its unauthorised nature has to be treated separately.”

Lebeya said he handed the 1 150-page Fivaz report to the Hawks’ head in Mpumalanga.

“Although the allegations towards entities, groupings or individuals, are not proven yet, the gathered intelligence needs to be corroborated – as the potential exists to investigate further,” he said.

“Reliability and accuracy of information needs to be verified in the form of a deposed affidavit from Eskom. From the intelligence reports 10 groupings were identified. Eight civil matters are before courts (for) contracts valued at R7.9 billion, that the SIU sought to recover.”

Mothibi said work done by the SIU on Eskom, included:

• Cash recoveries of R1.5 billion.
• Value of contracts set aside in civil courts totalling R10.2 billion.
• About 160 referrals to the National Prosecuting Authority.