Eskom is pursuing a claim for R3.8bn against 7 former execs (Messrs Molefe, Singh, Koko, Daniels, Ngubane, Mabude, Pamensky) #statecapture. They're stalling through legal notices & interlocutory applications. A case management judge has been appointed. Connect the dots people.
1.Thread on SIU investigations into Eskom corruption per Eskom’s report to SCOPA 23 Nov 2021
2. Coal Supply Agreements (CSA) - Tegeta Brakfontein (Majuba Power Station). Phase 1 of civil proceedings instituted by the SIU Contract of R3.7bn declared invalid and set aside by the High Court on the basis that the process followed in conclusion thereof was unconstitutional.
3. CSA Tegeta Brakfontein contd - As result of declaration of invalidity (contract cancellation), prevention of future payments (savings/losses prevented) has been calculated at R 2,7bn.
4. CSA Tegeta Brakfontein contd - Phase2 of civil proceedings instituted by the SIU recovery of R 734m for losses suffered. Court papers have been served an litigation is ongoing.
5. CSA - Tegeta/Koornfontein (Komati Power Contract) in the amount of R6,9bn was cancelled by Eskom as it was concluded on the same basis as the Brakfontein contract. The investigation is in respect of contract pricing irregularities & overpayments has been completed.
6.CSA - Tegeta/Koornfontein contd - The SIU found no evidence of overpayments Disciplinary referrals against 2 officials are being considered for failing to act in Eskom’s best interest by agreeing to coal qualities that were not in line with technical advice.
7. Tegeta/Optimum (Hendrina Power Station) This contract has run its course and as such no application to set it aside was brought by the SIU. Civil proceedings have been instituted to recover R 3 8 bn by SIU and Eskom which are ongoing (Messrs Molefe, Singh, Koko, et al).
8. Build Packages – 32 contract packages have been red flagged. 24 at Kusile, 5 at Medupi, 1 at Ingula, 1 at Majuba 1 at Matla. 6 of these packages have yet to commence.
9. Build Packages contd – Current status of 26 packages. Findings to date include that unauthorised gratification was paid by four build contractors to Eskom officials. 54 matters have been referred to the NPA and AFU.
10. Build Packages contd – 10 Officials have been referred for suspension disciplinary action of which 2 officials resigned 1 was dismissed 7 suspended. 4 arrests made by SAPS & 4civil litigation matters referred to counsel by the SIU processes are ongoing
11. Build Packages – Corrupt award of contract to company that self reported (ABB International). The SIU, Eskom and ABB entered into a settlement agreement and in accordance with the settlement, ABB repaid R1,5bn to Eskom in December 2020.
12. Build Packages – Corrupt award of contract to company that self reported (ABB International). The SIU and Eskom will bring an application to set aside the contract concluded between the parties
13. Cloud Computing , Software and Licences (CCSL) – Potential corrupt payments were identified. Evidence has been referred to the NPA related to 6 roleplayers implicated in alleged fraud and/or corruption.
14.CCSL contd – The SIU has referred a request to appoint Counsel to the Office of the State Attorney, in order to launch civil proceedings against SAP for the setting aside the contract & recovering fruitless and wasteful expenditure incurred to the total value of R385m
15. Procurement of Diesel – The investigation commenced during March 2021 and is ongoing.
16. Procurement of Coal Transportation – The investigation commenced during April 2021 and is ongoing. 14 coal transportation service providers have been implicated in potential wrongdoing.
17. Procurement of Coal Transportation – The SIU launched an urgent application in the Special Tribunal for an order freezing R 11.5m held in the bank account of an entity to which a senior Eskom official was a signatory
18. Procurement of Coal Transportation contd - A final forfeiture order was made by the Special Tribunal on 4 October 2021. Referral was made to Eskom recommending the suspension of, and the institution of disciplinary proceedings against, the official in question
19. Procurement of Coal Transportation contd - Eskom instituted the recommended action and the official has been dismissed The SIU is in the process of referring the matter to the NPA.
20/20. Bottom line is self evident. Ethical, honest leaders are cleaning up the Augean Eskom stable. Those with the most to lose will hiss the loudest. The current leadership need the vocal & visible support of all South Africans and you Mr President @CyrilRamaphosa
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