Eskom COO cleared of graft allegations
• Senior counsel found no basis to the allegations of dishonesty, corruption, conflict of interest and abuse of power
An investigation has cleared Eskom COO Jan Oberholzer of allegations of corruption, dishonesty, abuse of power, the utility says. Eskom’s board appointed independent senior counsel Nazeer Cassim in March to conduct an investigation into allegations by an Eskom employee against Oberholzer.
An investigation had cleared Eskom COO Jan Oberholzer of allegations of corruption, dishonesty, abuse of power, the utility said on Wednesday.
Eskom’s board appointed independent senior counsel Nazeer Cassim last month to conduct an investigation into allegations by an Eskom employee against Oberholzer.
The Sunday Independent reported that Oberholzer owned shares in Stefanutti Stocks, which is accused of defrauding
Eskom of R139bn in inflated contracts, and that he had several meetings with the group’s directors shortly after he was appointed Eskom COO in 2018.
The Eskom board said at the time it had also received correspondence from civil society organisation Corruption Watch and from the SA Federation of Trade Unions (Saftu) earlier in March, which alleged corruption and victimisation by the COO.
Cassim commenced his investigation on March 20 and submitted his report to the board on April 4. Eskom said in a statement that the investigation had found “no basis to the allegations of dishonesty, corruption, conflict of interest and abuse of power against the COO”.
The investigation brief required Cassim to specifically investigate whether there was any undisclosed conflict of interest by the COO pertaining to Stefanutti and whether Oberholzer’s dealings with any functionaries of the construction group breached his fiduciary duties and any Eskom policies.
The investigation also probed whether the COO was involved in corruption or derived personal benefit from a contract that was placed with engineering firm Black & Veatch in 2007.
Furthermore, Cassim examined the circumstances that led to the complainant being transferred from his position as GM of mega projects to the HR department. Ultimately, Cassim found that proper disclosure had been made of Oberholzer’s shareholding in Stefanutti, and that it was not a matter for which he should have to face a disciplinary hearing.
Regarding the Black & Veatch contract, Cassim could find no fault or other improper conduct on the part of Oberholzer in so far as the transaction was concerned.
With reference to the transfer of the alleged whistle-blower, the investigation found that the relationship between Oberholzer and the employee who made allegations of victimisation had been characterised by tension, but Cassim did not find that there was victimisation or that any further legal processes should follow.
PROPER DISCLOSURE WAS MADE OF OBERHOLZER’S SHAREHOLDING IN STEFANUTTI ... NOT A MATTER FOR A DISCIPLINARY
NAZEER CASSIM DID NOT FIND THAT THERE WAS VICTIMISATION OR THAT ANY FURTHER LEGAL PROCESSES SHOULD FOLLOW