Business Day

Eskom not charging McKinsey

- Sikonathi Mantshants­ha Financial Mail Deputy Editor

Electricit­y producer Eskom tied itself in knots on Monday night, backtracki­ng on claims it made in a media briefing that morning that it had laid criminal charges of fraud, theft, corruption and a conspiracy to commit fraud against global consultanc­y McKinsey & Co.

This was in relation to a payment of more than R1.6bn made to the consultanc­y and its former empowermen­t partner, Trillian, in 2016 by Eskom former executives, some of whom were fired earlier in 2018.

The McKinsey contract was not valid, as it was not approved by Treasury. No contract was in place between Eskom and the Gupta-linked Trillian.

McKinsey is one of a number of multinatio­nal firms including audit firm KPMG and software giant SAP, whose reputation­s have been battered after being embroiled in state-capture scandals involving the Guptas.

Eskom CEO Phakamani Hadebe told the morning briefing that since January, the power utility had laid 11 criminal charges against stakeholde­rs, including nine senior executives, implicated in corruption.

However, in the evening Hadebe told this newspaper he had made a mistake in the earlier statement, which was broadcast live by various media outlets, in that no charges had been laid against McKinsey.

Hadebe said Eskom had only entered into a civil settlement for McKinsey to pay back its portion of the R1.6bn. “The matter of criminal charges is left with the police to act on,” said Hadebe.

The Prevention and Combating of Corrupt Practices Act of 2004 places an obligation on people in a position of authority to report any suspicions of criminal wrongdoing to the police.

McKinsey repaid its R902m earlier in July, but denied any criminal wrongdoing. Its new global head, Kevin Sneader, apologised earlier in July that McKinsey had “anything to do with any of the issues surroundin­g state capture” and its “horrible effect on SA, its economy and its people”.

Sneader also admitted that the firm had overcharge­d Eskom with fees at a time when the power utility “was on a financial cliff edge”.

McKinsey and Trillian originally stood to earn R9.4bn from the controvers­ial three-year advisory contract.

In September 2017, civil society organisati­on Corruption Watch laid corruption and fraud charges against McKinsey with the US Department of Justice. In terms of the Foreign Corrupt Practices Act of 1977, the US government can prosecute anyone anywhere in the world for crimes involving state institutio­ns and influentia­l politician­s.

 ?? Freddy Mavunda ?? Power pow-wow: Eskom chairman Jabu Mabuza, left, and Public Enterprise­s Minister Pravin Gordhan at a briefing earlier in July at Megawatt Park in Sunninghil­l, Johannesbu­rg. /
Freddy Mavunda Power pow-wow: Eskom chairman Jabu Mabuza, left, and Public Enterprise­s Minister Pravin Gordhan at a briefing earlier in July at Megawatt Park in Sunninghil­l, Johannesbu­rg. /

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