September 26, 2018

Official state capture investigation at last shows signs of getting underway

Occasionally hidden in the many long pages of Parliament’s Announcements, Tablings and Committee Reports (ATCs), a precious nugget of information may be found. For example, here is something for those who are wondering when the state capture investigation to get underway. It turns out that a small start has already been made.

ATC volume 80 of 2018 reported that Deputy Chief Justice R M M Zondo, Chairperson of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, on 4 April 2018 requested transcripts of the proceedings of all portfolio committees that have so far conducted hearings into state capture.

It’s a start.

That would be the Portfolio Committees on Home Affairs and, of course, Public Enterprises, whose inquiry took on the appearance and scale of an official investigation, and probably accomplished more than the average state inquiry has ever done before. Sadly, though, it was prevented at the very end from getting the evidence that could have sent people to jail by the untimely disappearance of its main witnesses, Duduzane Zuma, Ajay Gupta‚ Atul Gupta and Rajesh Gupta. They were all subpoenaed, along with former SAA chairperson Dudu Myeni, but declined the invitation.

As is now widely known, Myeni submitted a medical certificate saying she was "not in fit and full capacity" to appear before the Committee, and objected that she was being "stripped" of her rights. Dudu, no one is interfering with your rights. You are the one breaking the law because, as you know, parliamentary Committees may subpoena anyone to appear before them, up to and including the President, and they have to comply. Failure to comply with a subpoena is an offence.

Dudu’s attorney, Gary Mazaham, said in a letter that he had not received transcripts of evidence presented to the inquiry related to his client and therefore didn’t know what questions to prepare for so he, too, would therefore not be able to appear before the Committee.

BDK Attorneys sent a letter on behalf of the Gupta brothers saying the Committee couldn’t really expect them to trawl through all the evidence it had collected, and anyway the brothers were not in SA "being absent for business reasons" and they therefore also declined the invitation to appear before the committee.

When did a subpoena become an invitation? And when did lawyers get to decide on what evidence they’re willing to consider? If ever these attorneys find themselves in a real-life court case, which under the circumstances is not impossible, they will have to go through all the evidence. So here is a handy list of what the state can provide if, like Zondo, they simply ask for it.

 

Date of the Meeting

Focus of the Meeting

Number of pages of the Transcript

17 Oct 2017

Overview of allegations against state- owned Eskom Inquiry Reference Book (Betrayal of a Promise).

 

Professor Eben Eberhard (State Capacity Research Project)

35

18 Oct 2017

Overview of allegations against state- owned entities – OUTA report.

 

Mr Tom Blom

69

20 Oct 2017

Pension payment of R30.1 million to Mr B Molefe (Eskom Pension and Provident Fund Rules).

 

Eskom Pension and Provident Fund

57

31 Oct 2017

Eskom contracts with McKinsey/Regiments Capital/Trillian Financial Advisory.

 

Ms Mosilo Mothepu (Trillian Financial Advisory CEO)

45

1 Nov 2017

Sale of Optimum Coal Holdings and Mine, negotiations with Eskom and Tegeta Resources.

 

Mr Piers Marsden (Business Rescue Practitioner)

46

3 Nov 2017

Eskom contracts with Trillian Management Consulting and McKinsey.

 

Ms Bianca Goodson (Trillian Management Consulting CEO)

44

7 Nov 2017

The exercising the shareholder oversight held by the Minister and DPE, process of appointing non-executive board members, process of appointing CEOs and CFOs; and governance at Eskom.

 

Mr Tshediso Matona (DPE Director- General: Eskom CEO)

45

Procurement processes relating to

T-systems, New Age deal, Koeberg steam generators. Governance at Eskom.

 

Ms Erica Johnson (Eskom Group Executive Enterprise Development)

 

8 Nov 2017

Governance at Eskom; procurement processes of the New Age Deal,

T-Systems, and Regiments Capital.

Ms Tsholofelo Molefe (Eskom Financial Director)

84

Governance at Eskom; prepayment to Tegeta; R1.6 billion guarantee to Tegeta; New Age Deal; pension payment to Mr Brian Molefe; answers furnished by the Minister to a parliamentary question on the relationship between Eskom and Trillian.

Ms. Suzanne Daniels (Eskom Company Secretary)

14 Nov 2017

Governance at Eskom; suspension of Mr Matshelo Koko and Mr Anoj Singh.

Mr Khulani Qoma

(Eskom – Office of the Chairperson, Reputational Damage Professional)

8

15 Nov 2017

Contract between Eskom/McKinsey & co./ Regiments Capital/Trillian Capital Partners.

Mr David Fine

(McKinsey & Co. - Senior Partner)

54

21 Nov 2017

New Age Breakfast Deal; suspension of the four executives; appointment and reappointment of Mr Molefe; Duvha Recovery Acceleration; coal supply contracts; McKinsey/Trillian relationship; Impulse International.

Ms Venete Klein

(Former non-executive board member of Eskom)

214

Suspension of executives; prepayment to Tegeta, T-systems, Duvha; R1.6 billion guarantee to Tegeta, McKinsey; allegations concerning witness in Public Protector report.

Ms Viroshni Naidoo

(Former non-executive board member of Eskom)

 

 

Appointment and reappointment to Eskom; involvement in Tegeta/Optimum deal including pre-payments and guarantees.

Mr Brian Molefe (Former CEO of Eskom)

 

22 Nov 2017

Governance at Eskom; TNA contract;

T-systems; suspension of four executives.

Mr Zola Tsotsi

(Former Chairman of the Eskom Board)

132

Governance at Eskom; suspension of four executives; Mr Brian Molefe’s appointment and reappointment.

Ms Lynne Brown

(Minister of Public Enterprises)

5 Dec 2017

Mr Brian Molefe’s pension payment.

Mr Anton Minnaar

(HR Executive Manager)

129

Governance at Eskom; Mr Brian Molefe’s pension payment; pre-payment and guarantee to Tegeta; TNA New Age deal; contracts with McKinsey/Regiments Capital/Trillian Capital Partners; T-systems deal; appointment of CEOs and CFO’s; suspension of executives.

Current Eskom board represented by Mr Zethembe Khoza (Interim Chair), Mr Pat Naidoo and Mr Sean Maritz

6 Dec 2017

Governance at Eskom; Mr Brian Molefe’s pension payment; pre-payment and guarantee to Tegeta; TNA New Age deal; contracts with McKinsey/Regiments Capital/Trillian Capital Partners; T-systems deal; appointment of CEOs and CFOs; suspension of executives.

Current Eskom board represented by Mr Zethembe Khoza (Interim Chair), Mr Pat Naidoo and Mr Sean Maritz

51

23 Jan 2018

Governance at Eskom; pre-payment and guarantee to Tegeta; Optimum Coal Mine Penalty Settlement; relationship between McKinsey and Trillian.

Mr Anoj Singh (Former Eskom CFO)

162

30 Jan 2018

Relationship with Deputy Minister of Public Enterprises (Mr Ben Martins)

Mr Lucky Montana (Former CEO of PRASA)

95

31 Jan 2018

Governance at Eskom

Mr Ben Martins

(Deputy Minister of Public Enterprises)

50

27 Feb 2018

Governance at Eskom; contracts with McKinsey/Trillian.

G9 Consulting Services represented by Mr Rajie Murugan

55

Portfolio Committee on Home Affairs

 

Date of the Meeting

Focus of the Meeting

Number of pages of the Transcript

 

27 Jun 2017

 

Briefing by the Department of Home Affairs (Director-General) on the Naturalisation of the Gupta family

 

78

 

22 Aug 2017

 

Engagement with the Minister of Home Affairs (Ms Hlengiwe Mkhize) on the Naturalisation of the Gupta family

 

29

 

27 Feb 2018

 

Briefing by the Department of Home Affairs (Director-General) on the Naturalisation of the Gupta family

 

39

 

6 Mar 2018

 

Briefing by the Department of Home Affairs (Director-General and Minister of Home Affairs, Mr Malusi Gigaba) on the Naturalisation of the Gupta family

 

29

Additional Info

  • Author: Moira Levy
Last modified on Monday, 18 June 2018 14:11

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