Outa lays corruption charges against Eskom's Koko

Former Eskom CEO Matshela Koko Photo: Nicholas Rama

Former Eskom CEO Matshela Koko Photo: Nicholas Rama

Published Oct 5, 2017

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JOHANNESBURG - The Organisation Undoing Tax Abuse (Outa) has

laid criminal charges against suspended Eskom executive Matshela Koko regarding

a series of irregularities, corruption and fraud.

Outa Chief Operating

Officer, Ben Theron said that “We have built a solid case against Koko with

evidence of misconduct in his role as an Eskom executive and his relationship

with the Guptas”.

In December 2016, Koko was

appointed as Interim CEO of Eskom and was suspended in May 2017.Koko has

been an Eskom executive since 2014 and, since October 2015, the executive in

charge of generation which includes oversight of coal contracts.

Koko is accused of

using his position at Eskom to help the Guptas to buy Optimum Coal Holdings and

its Optimum and Koornfontein coal mines from Glencore, by helping put those

businesses under financial pressure to force the sale to the Guptas and helping

fund the Guptas’ purchase.

Optimum had a coal supply

agreement with Eskom and had been involved in a dispute with Eskom for some

years over the quality of the coal supplied and the contract which forced

Glencore to sell its coal to Eskom at a huge loss.

Eskom fined Optimum R2.177

billion in penalties and, in July 2015, made legal demand for full payment. By

this time, the Guptas had already made an anonymous offer to buy Optimum but

were rejected. The demand for the penalties payment was apparently the last

straw financially for Optimum, which went into business rescue on 4 August

2015. 

On 10 December 2015,

Glencore, OCH and the business rescue practitioners signed an agreement to sell

the OCH mines and assets to the Gupta businesses Oakbay Investments and Tegeta

Exploration & Resources for R2.15 billion; this deal had to be paid for and

finalised by 30 March 2016.

In December 2015, Tegeta

emailed Koko referring to the need for a prepayment confirmation,

asking him "to kindly send us a written confirmation regarding the payment

for supply of coal amounting to R1,680,000,000 ... detailing the agreed terms

and conditions".

During December, Koko engineered

a coal “emergency” by manipulating the coal supply situation, removing Just

Coal as one of its suppliers. Using emergency procurement procedures, Eskom

signed new coal supply agreements with Tegeta and, between 29 January and 26 April

2016, paid Tegeta R1.2 billion on these contracts including prepayments; a

large part of this was used to fund Tegeta’s purchase of Optimum.

This was particularly useful

to Tegeta when it failed to meet the initial March 2016 payment deadline and

needed funds for the shortfall in April. Eskom also provided a R1.6 billion

guarantee to Tegeta to help its funding situation.

In January 2016, Koko took

a trip to Dubai

where he stayed in the Oberoi Hotel, all at the Guptas’ expense, underlining

his close links to the family.

Read also: 

Throughout the Optimum

financial collapse and subsequent sale, Eskom had insisted that the R2.177

billion penalty would not be waived for Glencore or any new owner. But in July

2017 at a media briefing Eskom publicly confirmed that the fine had been

reduced to R577 million, saying the coal quality readings on which it had based

the penalties were wrong. At the same briefing Eskom also confirmed the R1.6

billion guarantee to Tegeta, which it had previously denied.

In May 2017, Koko was

placed on special leave pending an investigation when it was revealed that a

company at which his stepdaughter was a director at netted at least R1 billion

in contracts from Eskom in just 11 months.

Over recent weeks, Outa has

laid similar charges against others over state capture

allegations, including Eskom former and serving executives.

 -BUSINESS

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