Sunday Times

Eskom spying far more extensive than admitted

Report suggests ‘disciplina­ry action’ against managers

- LONI PRINSLOO prinslool@sundaytime­s.co.za

ESKOM’S top brass were fully aware that the parastatal had hired an intelligen­ce company to spy on environmen­tal groups and other stakeholde­rs at Medupi, infringing their legal right to privacy.

This emerges from a 10-page report by forensic investigat­or Bowman Gilfillan, which is in the Sunday Times’s possession.

It shows how the intelligen­ce agency Swartberg gathered personal informatio­n — right down to the nail polish they were wearing — on people deemed to be “threats”. The report suggests that “disciplina­ry action” be taken against the Eskom managers who knew of this.

The spying revelation­s come during a week in which Eskom has sounded warnings that South Africa may be plunged into darkness owing to a shortfall in capacity, largely because of delays in getting Medupi online.

It suggests the parastatal may have taken its eye off its core job: running a power utility.

The spying was first exposed in February by the Sunday Times, which revealed that a R10-million contract had been signed between Medupi manager Roman Crooks and Swartberg MD Lukas Swart to mitigate certain risks on the site.

Although Eskom refused to admit to the spying, it was castigated for its “unethical” and possibly illegal conduct in breaching people’s privacy, creating “an environmen­t of total distrust”.

Last week, Eskom CEO Brian Dames admitted to spying on Earthlife Africa, saying it was “unacceptab­le and not how Eskom does business”.

However, the Sunday Times can reveal that Eskom also obtained informatio­n through Swartberg on:

Murray & Roberts, a major contractor at Medupi, which Swartberg reported was “involved in leaking vital informa- tion to GroundWork­s” — supposedly to delay the project for financial gain. Swartberg said Murray & Roberts was “also involved in activism by creating and financing Friends of the Earth projects”;

Lephalale mayor Jack Maeko, who had been accused of victimisin­g the local bus industry by seeking to put out a new tender to replace the bus services. The Swartberg reports told how there were framed pictures of the Oppenheime­r family in Maeko’s lounge; and

Political groups, including the Democratic Alliance and the Pan Africanist Congress, as well as local community groups.

When it came to spying on green lobby groups such as Earthlife, the reports included

It was a moral dilemma for me, but I needed the money to survive

the agents’ opinions on how well the women looked after themselves, including what colour nail polish they wore, their ethnicity and religious beliefs, whether they spoke English and how educated they were.

A former Swartberg investigat­or, Pierre van Zyl, told the Sunday Times that Murray & Roberts had also been supplied with “tactical informatio­n” gathered from informants in unions, lobby groups and communitie­s. These spies were told to gather tactical informatio­n and to “positively influence” opinion on Eskom.

Van Zyl said he was hired in July 2012 to gather informatio­n on criminal activity. “But my scope of work quickly changed as I was asked to spy on the Lephalale Taxpayers’ Associatio­n, as well as a DA member, Astrid Basson. I was also asked to spy on the PAC,” he said.

“It was a bit of a moral dilem- ma for me, but with a pregnant wife and three children, I needed the money to survive. By the time December came around, I could not take it any more. I approached Lukas, the MD of Swartberg, and told him that we were busy flouting the constituti­on. He claimed plausible deniabilit­y.”

The Bowman Gilfillan report said there were “certain unintended consequenc­es relating to infringeme­nts to constituti­onal rights to privacy”. It said this was partly because there was “inadequate monitoring of the contract by Eskom”.

Van Zyl said top Eskom management knew about the Swartberg activities and were given weekly updates. He said the reports were destroyed after they had been read. Crooks told investigat­ors he saw only three or four of the reports.

Bowman Gilfillan said Eskom hired Swartberg to place “intelligen­ce resources” on site in strategic and sensitive areas and in the outlying areas of Lephalale — acts it deemed “inappropri­ate” and which caused “undesirabl­e conduct”.

But Swart defended his company’s work at Medupi in correspond­ence with the Sunday Times. He said once Swartberg had been fired from Medupi, labour unrest flared up again and continued for months.

“We also warned them that there was a threat that unit six at Medupi would be blown up, and only last week a petrol bomb was thrown into the administra­tive building at the site. The picture speaks for itself.”

Eskom has said nothing about the petrol bomb.

Swart said before Medupi his company had worked on the government’s new multipurpo­se pipeline because of losses of between R5-million and R8-million owing to criminal activity. “Within six months, we reduced losses from criminal activity to less than R1 000 a month.”

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