Business Day

New evidence points to criminal action at Eskom

• Documents cast light on new role players in deal • G9 recommende­d laying criminal charges against Trillian

- Stephan Hofstatter and Sikonathi Mantshants­ha

A bloodbath looms at Eskom as new evidence emerges of possible criminal wrongdoing in the power utility’s R1.6bn deal with McKinsey and Guptalinke­d Trillian.

The utility is understood to be in the process of charging at least three senior managers and two senior executives with misconduct for their alleged involvemen­t in the scandal.

They include chief financial officer Anoj Singh, former head of procuremen­t Edwin Mabelane, acting head of group capital Prish Govender, senior procuremen­t manager Charles Kalima and former CEO Matshela Koko.

The officials referred all requests for comment to Eskom.

Some new role players have also emerged in the scandal, incriminat­ing virtually the whole top management layer.

This would explain the lack of disciplina­ry action against those blamed for the losses suffered by Eskom, which posted more than R3bn in irregular and wasteful expenditur­e this year.

Business Day has seen a mountain of alleged evidence implicatin­g these officials in the suspect deals and payments, including a legal opinion; a report by G9 Forensic Consulting citing sworn statements of senior Eskom officials; details of investigat­ions by US management consultanc­y Oliver Wyman and law firm Bowmans; minutes of board meetings; and internal correspond­ence. The G9 report recommends laying criminal charges against Trillian and also implicates McKinsey.

The documents show acting CE Johnny Dladla and several other senior officials were present at a procuremen­t subcommitt­ee meeting in June 2015, when Eskom decided to negotiate an exclusive agreement with McKinsey and Trillian to run its Top Engineers programme, which eventually cost Eskom R1.6bn for six months’ work.

Dladla was also present at a feedback meeting three months later, when the committee agreed to recommend a three-year contract to the board tender committee.

McKinsey and Trillian hoped to make at least R7.8bn from the contract over three years.

Eskom officials recommende­d paying the consulting firms a risk-based fee, which entitled them to a percentage of savings achieved, allowing them to earn vastly more than charging by the hour. The committee agreed to a down payment of R475m “in lieu of project set-up cost and consulting fees”, before starting any work.

The deal was approved a week later by a board tender committee headed by Eskom chairman Zethembe Khoza.

Khoza also presided over another crucial board tender committee meeting held on February 8, with Singh and Mabelane in attendance, where it was agreed to pay McKinsey a final settlement of R460m, even though Oliver Wyman had warned against paying.

Business Day has seen a legal opinion that Eskom obtained on its draft contract with McKinsey — a month before it was signed — that suggests this remunerati­on model was illegal.

The opinion drafted by Paul Kennedy SC on December 4 2015 says McKinsey should have been paid hourly rates

rather than a percentage of savings achieved by Eskom.

Similar reservatio­ns were raised by Oliver Wyman a year later before the final settlement was disbursed.

Despite Kennedy’s advice, Eskom signed the deal with McKinsey on January 7 2016, which allowed Trillian to pocket R600m without a contract as its black empowermen­t partner. At the time, Trillian was majorityow­ned by Gupta lieutenant Salim Essa and was later shown in an audit report by Deloitte to have helped the Guptas pay for Optimum coal mine.

The Gupta leaks show that the conclusion of McKinsey’s suspect contract against Eskom’s own legal advice coincided with the time that Singh was being hosted by the Guptas in Dubai.

Kennedy concluded that McKinsey’s contract was in breach of a Treasury instructio­n “having the force of law” requiring consultant­s at Eskom to be paid at hourly rates set in a guide issued by the Department of Public Administra­tion.

Kennedy advised Eskom to renegotiat­e the contract to pay McKinsey hourly rates.

On Tuesday, the DA lodged a criminal complaint against McKinsey for fraud, racketeeri­ng and collusion. Earlier in September, Corruption Watch said that it planned to approach the US Justice Department with a similar complaint.

Trillian and McKinsey both denied any wrongdoing. “We have not paid bribes in exchange for these engagement­s/projects,” McKinsey spokesman Steve John said on Tuesday.

“We have secured all our work for state-owned companies on the basis of our demonstrab­le impact for our clients.”

Trillian insists it was only paid for work done and “made no fraudulent representa­tions in regard to McKinsey and Eskom, and both McKinsey and Eskom are fully aware of the relationsh­ip between the parties”.

Eskom declined to comment on the legal opinion and said it was “restricted to elaborate further on the specific questions” on disciplina­ry processes “due to strict confidenti­ality considerat­ions of the HR processes currently under way”.

Asked if it was appropriat­e for Dladla to hold meetings with Singh while he was on special leave, as alleged, Eskom said: “As a condition of special leave, Mr Singh is allowed to interface with Mr Dladla on Eskom matters as his immediate superior.”

Asked why Dladla had not been subjected to disciplina­ry action, Eskom said he was a member of the procuremen­t subcommitt­ee but “played no role in the McKinsey/Trillian operationa­l execution”.

 ?? /Freddy Mavunda (See Page 2) ?? No cut: Reserve Bank governor Lesetja Kganyago at the Bank’s head office in Pretoria on Thursday, announcing that the repo rate will stay put. The Bank says the number of risks to the inflation outlook increased amidst heightened uncertaint­y.
/Freddy Mavunda (See Page 2) No cut: Reserve Bank governor Lesetja Kganyago at the Bank’s head office in Pretoria on Thursday, announcing that the repo rate will stay put. The Bank says the number of risks to the inflation outlook increased amidst heightened uncertaint­y.

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