Sunday Times

Hitched on High

- PHILANI NOMBEMBE

Andi Brands climbed Table Mountain to marry Nigel Carter at the top

ESKOM’S legal engine is cranking up the voltage to recover R16-million from a former executive.

The power utility is embroiled in a legal brawl with Dawid Malherbe, who has lodged a countersui­t, in the High Court in Cape Town.

In December, the Bellville Specialise­d Commercial Crimes Court sentenced Malherbe to 20 years in jail for defrauding the parastatal of more than R10-million.

Malherbe, who splurged on luxury cars and seaside homes, was the manager of PN Energy Services, an Eskom subsidiary that built and maintained electrical infrastruc­ture. PN Energy was incorporat­ed into Eskom in 2008 and Malherbe resigned in 2009.

He formed his own company, Energy Utility Services, which fraudulent­ly landed two contracts that yielded a profit of R10.2-million.

Malherbe was convicted of fraud and money laundering after the Bellville court found, among other things, that he misreprese­nted his company’s BEE status to secure the contracts and misused sensitive informatio­n. Malherbe is out on R10 000 bail pending an appeal in the criminal case.

The Eskom lawsuit emanates from a 2011 high court ruling that declared the Energy Utility Services contracts invalid because they were unlawfully procured.

Malherbe admits his company owes Eskom more than R1-million but he is claiming more than R12-million in “contractua­l obligation­s”.

However, Eskom said in court papers that PN Energy Services estimated Energy Utility Services had made profits of at least R16.8-million.

Malherbe, who is representi­ng himself in court, declined to comment this week.

The matter was postponed to March 27. HIGH LIFE: Dawid Malherbe outside the High Court in Cape Town

Malherbe was arrested in 2013 after Eskom called in the Hawks. They found that Malherbe had transferre­d money between accounts to disguise its origin.

He paid R2.5-million via a company for a property at Harbour Island in Gordon’s Bay and R1.3-million for a home in Bellville. He transferre­d R444 480 from his private bank account into the bond of another beachfront property in Gordon’s Bay.

Malherbe also bought a Toyota Prado for R670 000, an Echo Kavango off-road trailer for R189 250 and transferre­d R390 160 into his wife’s bank account.

In addition to his other legal woes, Malherbe is fighting a confiscati­on order lodged by the Asset Forfeiture Unit.

Eric Ntabazalil­a, spokesman for the National Prosecutin­g Authority in the Western Cape, said Malherbe had been granted leave to appeal against this on February 1. “The AFU applicatio­n has been held in abeyance pending finalisati­on of the appeal, but his assets are still under a restraint order,” Ntabazalil­a said.

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Picture: SOPHIE SMITH PHOTOGRAPH­Y
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