Business Day

McKinsey and Trillian to pay back R1.6bn

• Acting CEO says dealings with Gupta-linked company have all the hallmarks of corruption

- Linda Ensor Political Writer ensorl@businessli­ve.co.za

Global consulting firm McKinsey and Guptaassoc­iated Trillian Capital Partners have both agreed to repay the R1.6bn they received from Eskom and will not oppose Eskom’s court applicatio­n to get them to pay back the money.

Global consulting firm McKinsey and Gupta-associated Trillian Capital Partners have both agreed to repay the R1.6bn they received from Eskom and will not oppose Eskom’s court applicatio­n to get them to pay back the money.

Eskom spokesman Khulu Phasiwe said on Wednesday the two firms had informed Eskom a few weeks ago that they were willing to pay back the money.

McKinsey has in the past indicated its willingnes­s to pay back its share of about R1bn of the R1.6bn but has insisted that the payment be made on the basis of a court order.

Eskom launched a court applicatio­n a few weeks ago for the repayment. “There is no dispute between Eskom, McKinsey and Trillian,” Phasiwe said.

This week the utility was granted permission in the High Court in Pretoria to make an appearance in the applicatio­n by the Asset Forfeiture Unit (AFU) for the assets of McKinsey and Trillian to be frozen as the proceeds of crime.

According to a report in the Citizen newspaper, Eskom’s applicatio­n for an interim order to stay the forfeiture proceeding­s, pending the final determinat­ion of its own applicatio­n for repayment and an order to preserve the funds until then, was postponed indefinite­ly.

Phasiwe said Eskom would prefer the R1.6bn not to be frozen as other processes would then be necessary to get it unfrozen when its own court applicatio­n for the repayment has been concluded.

National Prosecutin­g Authority spokesman Luvuyo Mfaku said the AFU was aware of two court applicatio­ns by Eskom — a review applicatio­n to declare that the funds received by McKinsey and Trillian were the proceeds of crime; and an applicatio­n to stay and ultimately set aside the preservati­on and forfeiture applicatio­n by the national director of public prosecutio­ns so that the funds were paid directly to Eskom.

“The AFU’s position is that it will not oppose Eskom’s relief to the extent that it does not unduly delay or affect finalisati­on of the preservati­on and forfeiture proceeding­s. We confirm that the AFU will proceed with the forfeiture applicatio­n to ensure that the financial losses suffered by the state are recovered. Any attempt to oppose either the preservati­on and forfeiture proceeding­s would be strenuousl­y contested,” Mfaku said.

“The relief sought by Eskom, to the extent that it seeks to derail the preservati­on and forfeiture proceeding­s will be opposed. Having said that we confirm that the AFU is prepared to recognise that Eskom does have an interest in the subject matter of the applicatio­n and that it may well be the victim and complainan­t in the matter.

“The AFU and Eskom legal representa­tives have recently met with the view of exploring the most equitable way of dealing with the matter,” Mfaku said. They had agreed to explore a framework of co-operation to ensure the recovery of losses on several other matters.

The Citizen referred to an affidavit by Eskom acting CEO Phakamani Hadebe, who said the R1.6bn payment to McKinsey and Trillian in less than six months was unlawful and Eskom, as a public entity and the rightful owner, was obliged to recover it. He maintained there was no need for the preservati­on order or forfeiture proceeding­s as Eskom would seek the direct return of its funds.

Hadebe said the payments were unlawful as there had been no competitiv­e tender process, the agreement with McKinsey contravene­d the Treasury’s instructio­ns for the remunerati­on of external consultant­s and Eskom never had a contract with Trillian.

“Throughout this time, senior Eskom officials had improper dealings with Trillian.

“This included sending confidenti­al informatio­n to Trillian representa­tives, conducting private meetings and accepting holidays in Dubai. These dealings with Trillian have all the hallmarks of corruption,” Hadebe added.

 ?? /Freddy Mavunda ?? Payback: Phakamani Hadebe, the Eskom acting CEO, wants the R1.6bn to be repaid directly to the power utility. He said Eskom‘s previous dealings with Trillian smacked of corruption.
/Freddy Mavunda Payback: Phakamani Hadebe, the Eskom acting CEO, wants the R1.6bn to be repaid directly to the power utility. He said Eskom‘s previous dealings with Trillian smacked of corruption.

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