Eskom moves to recover stolen funds ‘diverted’ by Guptas, others
Eskom and the Special Investigating Unit (SIU) issued summons to recover R3.8bn of stolen funds from its former executives, non-executive directors and the Gupta family, on Monday.
Among the executives named are former CEO Brian Molefe, former acting CEO Matshela Koko, former CFO Anoj Singh, and legal head Suzanne Daniels. Directors who have been summonsed are former chair Ben Ngubane, Chwayita Mabude and Mark Pamensky. Former minister of mineral resources and serving MP Mosebenzi Zwane has also been named in the summons.
The three Gupta brothers, Rajesh, Atul and Ajay, and their associate, Salim Essa, are also in the line of fire.
The biggest portion of the R3.8bn is funds that were diverted from Eskom to enable the acquisition of Optimum Mine by the Guptas in 2015/2016. Eskom is also making a delictual claim for damages for payments unlawfully made to consultancy Trillian by Eskom executives.
“All of the former executives and board members breached their fiduciary duty of care and good faith to Eskom, and acted in a concerted state-capture effort, with the Gupta brothers, Mosebenzi Zwane and Salim Aziz Essa to illegally divert funds from Eskom,” the company said on Monday.
“These 12 defendants acted in a concerted effort whose objective was the corrupt, alternatively irregular, diversion of resources from Eskom. As a result of their actions in the acquisition of Optimum Coal Holdings during this period, Eskom suffered at least R3.8bn in losses which it is legally obliged and morally burdened to recover, together with the interest thereon
The Gupta brothers and Essa are currently fugitives from justice in SA and are based in Dubai.