Daily Dispatch

Eskom’s R1-billion stymied by AFU

- By CAROL PATON — BDLive

ESKOM would already have back the R1-billion it paid to McKinsey for its controvers­ial consulting work were it not for the Asset Forfeiture Unit, which threw a spanner in the works at the last minute.

The R1-billion was part payment for a R1.5-billion consulting contract in which Gupta-linked firm Trillian was a partner to McKinsey in 2016 and 2017.

However, Eskom did not have the permission it needed from the Treasury to sign the contract.

McKinsey agreed last October to return the money to Eskom. Trillian, which was paid R500millio­n, has said it will not.

Just as McKinsey, Eskom and the AFU – which also staked a claim to the money – were on the brink of a settlement in May that would have seen the money immediatel­y returned to Eskom, the AFU pulled out and launched an applicatio­n for the money to be forfeited to the state.

Eskom, which is in a precarious financial position and is unable to fully fund operations from its revenue, “was keen to have the funds promised by McKinsey returned to it as soon as possible”, said a company representa­tive.

Eskom confirmed it had been an active participan­t in negotiatio­ns with McKinsey and the National Directorat­e of Public Prosecutio­ns, under which the AFU falls, until May 22. The agreement entailed that Eskom and McKinsey would tear up their contract and McKinsey would return the money.

As the AFU already had a preservati­on order over the R1billion in place, it was agreed Eskom would cover the costs incurred by the AFU, which had appointed a curator as custodian of the money.

But on the day the agreement was to be made an order of the court, the AFU failed to turn up and the settlement did not go ahead. A day later, the AFU launched its own forfeiture applicatio­n. The AFU did not answer questions from Business Day on its decision.

In its applicatio­n, filed on May 23, the head of the unit, Knorx Molelle, said the negotiatio­ns had been extensive but they “had reached an impasse”.

Molelle also said in his affidavit it was the intention of the unit to return the money to Eskom once it has been forfeited.

But McKinsey says it will oppose the forfeiture, raising the possibilit­y of a drawn-out legal process. To successful­ly persuade the court that the money should be forfeited, the AFU needs to show the money was the proceeds of a crime. Although the contract was unlawful, it has not been proved that a crime was committed.

McKinsey will oppose any court process implying admission or a finding it received the money via criminal activity.

A McKinsey spokeswoma­n said: “We will repay Eskom what they paid us, as soon as possible. We need a court-endorsed process the public can have full confidence in.”

The company expected its dispute with the AFU to still be settled amicably.

Eskom, which launched its own court applicatio­n in March to have all the funds paid to McKinsey and Trillian returned to it, said it intended to continue its litigation. But it indicated a settlement would be preferable.

The AFU had indicated that it did not intend to pursue Trillian for the fees it received as part of the contract as it believed these were not recoverabl­e.

 ?? Picture: SIPHIWE SIBEKO ?? IN NEGOTIATIO­NS: Eskom plans to recover R1-billion from consulting firm McKinsey, short-circuited by the Asset Forfeiture Unit
Picture: SIPHIWE SIBEKO IN NEGOTIATIO­NS: Eskom plans to recover R1-billion from consulting firm McKinsey, short-circuited by the Asset Forfeiture Unit

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