Eskom case closes after witnesses fail to testify

The prosecution in Eskom’s disciplinary process against Matshela Koko was forced to close its case prematurely on Saturday after witnesses declined to testify against the suspended former acting CEO.

Evidence leader Cassim Moosa told advocate Mzungulu Mthombeni, chairman of the hearing, that a number of witnesses had declined his invitation to testify against Koko.

This means Eskom will struggle to prove the serious allegations against Koko, paving the way for him to be reinstated and to assume the “rotating” CEO’s seat that was vacated by Brian Molefe in 2016.

Human resources executive Elsie Pule; former group capital executive Abram Masango; acting group capital head Peter Sebola; former project managers at the Kusile power station, Frans Sithole and France Hlakudi are among those who declined to testify.

Koko, who acted as CEO between December and May, stands accused of conflict of interest and for his failure to disclose his stepdaughter’s shareholding in Impulse International, a company awarded more than

R1bn in Eskom tenders by a department under his control.

Koketso Choma, Koko’s 26year-old stepdaughter, indirectly owns 35% of Impulse. Koko is also accused of irregularly removing some of his colleagues from Eskom’s executive committee and at the Kusile power station where Impulse’s contracts were awarded.

Only Ayanda Noah, the group customer services executive, and Alison Seckle, ethics manager and head of governance, testified for the prosecution on the fifth day of the hearing. Some of the witnesses cited the board’s irregular interference that weakened Eskom’s case, and alleged their participation would only serve to legitimise a predetermined outcome to exonerate Koko. Moosa took over as evidence leader in October, after Eskom parted ways with initial evidence leader Sebetja Matsaung, who threatened a journalist with assault.

Eskom’s board, led by Zethembe Khoza, has also been accused of rigging the case in favour of Koko in that it had watered down the initial ten charges that resulted from a forensic investigation by audit firm Nkonki and law firm Cliffe Dekker Hofmeyr to six charges.

Koko has also been accused of intimidating witnesses.

Other senior executives have been under armed guard for almost a year as the power struggle has turned vicious at the Megawatt Park head office.

Hlakudi resigned after his suspension two weeks ago. He was to testify but declined to do so after his resignation.

In a letter to Eskom, Masango said he would not “give credence to a collapsed hearing” as a result of the “manipulative conduct on the part of some of Eskom’s senior management”. As if to give credence to the allegations of intimidation, Koko’s lawyers on Thursday distributed an affidavit to the media from a person claiming to be a former bodyguard of Hlakudi’s, alleging he had sent him to deliver bags of cash to some of the witnesses, including Masango and Peter Sebola. The affidavit showed no links to the disciplinary hearing, neither was it submitted as part of the case. It was distributed on the day Masango was invited to testify.

Koko is expected to testify in his own defence on Thursday.