ESKOM’S BID TO CLAW BACK LOOTED R5BN
Part of bid to claw back ‘looted funds’
EMBATTLED Eskom has lodged a claim of R5 billion against the business-rescue practitioners of Tegeta as part of its bid to recover looted funds, according to the state-owned power utility’s submission to Parliament’s standing committee on public accounts (Scopa) on Thursday.
The utility’s claim comes in the wake of a ruling in the North Gauteng High Court, Pretoria, that set aside a R3.7bn coalsupply contract between the Guptalinked mining company Tegeta and Eskom, which was welcomed by Justice and Correctional Services Minister Ronald Lamola.
Although Eskom spokesperson Sikonathi Mantshantsha confirmed this – hence the presentation to Scopa – Tegeta business rescue practitioner Louis Klopper said they had not received such a claim from Eskom.
Mantshantsha said the R5bn claim included several other claims by Eskom, including the R3.7bn coalsupply contract, against Tegeta.
He said Eskom would wait for the business-rescue practitioners (BRPs) to see the business-rescue process through before considering going to court.
Eskom is the second-biggest claimant against Tegeta: the largest is the South African Revenue Service (Sars).
The power utility’s submission to Scopa, said Eskom is also in the process of recovering R207 million from Deloitte due to task orders awarded irregularly, and without an open and competitive bid process.
Eskom also submitted that it had recovered R1.1bn from McKinsey.
Eskom said it would institute liquidation proceedings against Trillian Management Consulting and Trillian Capital Partners this month in the North Gauteng High Court.
The Supreme Court of Appeal last month dismissed Trillian Management Consulting and Trillian Capital Partners’ application for leave to appeal the North Gauteng High Court’s judgment in October in proceedings instituted by Eskom, in which it seeks the liquidation of the Trillian entities – and joining Eric Wood to the proceedings – for failing to pay R600m that Eskom had irregularly paid to the entities during 2016.
In June, Eskom approached the North Gauteng High Court, seeking an order setting aside and declaring null and void Eskom’s payment of about
R600m to the Trillian entities.
In October, the court granted the order and ordered the Trillian entities to pay back the money within five days. This was part of the R1.6bn payment in a contract which Eskom had entered into with McKinsey.
Eskom’s group chief executive André de Ruyter, said: “Eskom has a moral duty and legal obligation to do everything it can to claw back all the monies which were illegally paid out during the height of state capture.
“This case is only one of many in which Eskom’s management will attempt to recoup what is due to the people of South Africa,” De Ruyter pointed out.
Eskom also submitted to Scopa that it had so far recouped R3m of R35m from Meagra Transport, and was pursuing the remaining balance of R32m.
Meagra is said to have submitted fraudulent invoices of R35m to the state-owned utility for coal transport between 2016 and 2018.
The owner of Meagra, Victor Tshabalala, and his accomplice, Eskom finance executive Bernard Moraka are facing 53 counts of fraud and theft in the Specialised Commercial Crimes Court.