Koko helps pick who will ‘try’ him
Eskom’s board has allowed suspended former acting CEO Matshela Koko to handpick the officials who will preside over his disciplinary hearing, due to start tomorrow.
The Sunday Times has seen correspondence in which Koko, through his lawyer Asger Gani, was given “an opportunity to elect one name from a list of three senior counsel” to be approached to chair his disciplinary hearing. Koko rejected all three names, because “they are white men”.
Eskom then presented another list, this time headed by Hamilton Maenetje SC, followed by Vincent Maleka SC and Tim Bruinders SC. Koko chose Maenetje.
Koko was suspended in August and faces charges relating to the awarding of contracts worth more than R1-billion to Impulse International, of which his stepdaughter was a director.
He will also answer to five counts emanating from a whistleblower’s report and for playing a key role in awarding a R1.6-billion contract to global consultancy McKinsey and the Gupta-linked Trillian.
Eskom has already incurred a R1.5-million bill for legal costs in preparation for the hearing.
Yesterday, Maenetje told the Sunday Times he would no longer chair the hearing as he was unavailable.
Eskom chose Sebetja Matsaung to present its case against Koko despite Matsaung being described as “too junior to chair the inquiry, and lack[ing] the experience and expertise”. Matsaung’s name was fourth on the original list of candidates presented by now suspended legal head Suzanne Daniels for a chairperson. Eskom declined to say why he was chosen.
The Sunday Times has seen correspondence in which nonexecutive board chairperson Zethembe Khoza and nonexecutive director Sathie Gounden overruled management and insisted on Matsaung’s appointment “for diversity”.
The board’s involvement is highly irregular as good corporate governance practice dictates that a disciplinary process is the CEO’s responsibility. Khoza is said to be close to Koko.
The Sunday Times has seen correspondence in which Daniels objects to the board’s involvement. In her capacity as legal head, Daniels had the responsibility to execute the disciplinary hearing and report to the CEO. Daniels has been accused of taking a tough stance against Koko.
Asked how he was chosen to lead evidence against Koko in the case, Matsaung said he was simply selected from a list of potential suppliers by Eskom.
Asked if it was standard practice for an accused to choose his own chairman and prosecutor, Matsaung denied that Koko had chosen the chairman but said “it was a matter of inviting his participation”. He added: “That’s why they came up with a list of people. Let’s be frank and honest, the first list was a list of only white individuals, it was a list of only white advocates.”
Eskom declined to respond to detailed questions, saying it does not comment on details of internal disciplinary processes.
Yesterday, Maenetje told the Sunday Times he would no longer chair the hearing as he was told that it was starting on Friday when he wasn’t available.