Matshela Koko, the former head of Eskom, has filed an appeal with the Johannesburg High Court to have certain findings against him in the State Capture report by Chief Justice Raymond Zondo reviewed and overturned.
Zondo determined that a pervasive culture of corruption, mismanagement, and malfeasance “had been fostered within Eskom by executives and board members since 2014” and recommended that the former executives, including Koko, Brian Molefe, and Anoj Singh, be criminally charged for facilitating the capture of the state-owned power utility.
According to Zondo, Koko and his co-accused failed to “perform their fiduciary responsibilities and avert financial harm” at Eskom.
Koko and his co-accused are suspected of facilitating the infamous Gupta family’s acquisition of Optimum Coal Mine using funds from the state’s power company. The Guptas allegedly received an R659 million payment and an R1.68 billion guarantee from Eskom in 2015.
In his affidavit, Koko claimed that the State Capture investigation led by Zondo reached conclusions that were not supported by facts, noting that he testified nine times and submitted seven affidavits that were disregarded by the commission when it reached its conclusions.
“The commission decided that Eskom officials and I utilized our positions of authority and power within Eskom to benefit the Gupta enterprise,” the affidavit states. That Brian Molefe, Anoj Singh, and I benefitted in various ways from the Guptas and Mr. Salim Essa, which may have constituted the crime of corruption.
“Regrettably… The State Capture report contains findings, observations, and conclusions that are not rationally connected to the information presented to the panel.
According to Koko, the panel failed to consider “important facts and interrogate critical persons” implicated in the breach of Eskom. Had the commission interrogated “these persons,” the commission’s story would have been damaged.
“Interviewing these individuals would have undermined the commission’s case against me,” he stated.
Koko argues that the commission’s acceptance of specific witnesses’ testimony implicates him as a common cause, notwithstanding the inaccuracy of this approach.
“The commission failed to conduct a proper investigation as mandated by the judicial commission, functioning fairly within its terms and responsibilities. My position is that the commission failed to conduct its investigations in accordance with the law.”
The former head of Eskom, who is suspected of corruption, has also disputed charges that he benefitted from the Guptas. Between December 2015 and January 2016, Essa and the Guptas allegedly paid for his family’s travel to Bali and Dubai.
Koko maintains that the allegations lacked a coherent connection to the facts presented to the commission.
“In 2017, the media claimed that I was in Dubai in December 2015 on the dime of the Guptas.
“Despite the undisputed evidence shown to the panel that my wife paid for the travel and that I paid directly for the lodging at the Oberoi Hotel, the commission determined that I profited from the Guptas and/or Mr. Salim Essa. This conclusion is absurd and illogical. It must be put aside.
“The commission disregarded the evidence. “Koko was the target of a witch hunt,” he added.
I took the unusual step of requesting a review of the State Capture Report. The judge was biased. The findings, opinions, and conclusions contained in his reports are unrelated to the evidence presented to him.
The connection to my application
https://t.co/9ZdzRRWIq9 #uogHOwsALq #twitter
— Engineer Matšhela Koko, MBL (@koko matshela) December 21, 2022
»Matshela Koko reviews the Zondo report«