Eskom takes DA to court for defamation
Eskom has refused to act on the allegations of corruption in its ranks as contained in the Dentons report, but the electricity supplier has taken legal action against the DA for defamation.
Eskom has asked the High Court in Cape Town to find both the DA and MP Natasha Mazzone guilty of defaming the reputation of the organisation and that of its acting CE.
Eskom wants the court to award it damages of R50m. The DA published on its website a statement “with the intent to defame the plaintiffs and injure the plaintiffs in their reputation”, said Eskom in legal papers filed on February 24.
The summons cites Eskom and acting CE Matshela Koko as the plaintiffs. They are represented by law firm Cliffe Dekker Hofmeyr. The DA will defend the motion and is represented by Minde Schapiro & Smith of Cape Town.
The DA published the offending statement, alleging “widespread corruption within the top ranks of the entity; extensive corruption implicating ... acting CEO Matshela Koko” and sent it to news organisations. The DA further stated that “yet again Eskom finds itself entangled in a web of lies, contradictions and inaccuracies”.
This was after Business Day and the Financial Mail published articles in January and February on allegations of a cover-up of corruption by Eskom. The utility had contracted law firm Dentons to investigate the causes of its near collapse up until 2015.
It then kept the incriminating report secret, locked in a vault by chairman Ben Ngubane. In January, Public Enterprises Minister Lynne Brown admitted that the report was being hidden from the public because it implicated some Eskom employees in corruption and fraud.
As a result of the DA’s statement, Eskom and Koko allege they suffered damages of R30m and R20m, respectively.