SIU finds André de Ruyter was not authorised to conduct intelligence operation at Eskom

Head of the SIU Andy Mothibi said they are investigating former Eskom boss André de Ruyter for his intelligence operation at the power utility. Picture: Phando Jikelo/ African News Agency (ANA)

Head of the SIU Andy Mothibi said they are investigating former Eskom boss André de Ruyter for his intelligence operation at the power utility. Picture: Phando Jikelo/ African News Agency (ANA)

Published Sep 12, 2023

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The Special Investigating Unit says it will meet with Eskom to consider action against former CEO André de Ruyter for conducting an off-the-books intelligence operation at the power utility to investigate corruption.

De Ruyter had hired the company of former national police commissioner George Fivaz to conduct the intelligence operation.

Head of the SIU, advocate Andy Mothibi said they have been given the report by Fivaz. Eskom has also asked for a copy of the report and they are considering this.

He said the SIU and the Hawks were now investigating this matter.

Mothibi told members of the Standing Committee on Public Accounts (Scopa) on Tuesday that the report does mention the names of politicians behind the looting and theft at Eskom’s power stations.

But the Hawks are investigating this and they will make an announcement once they have concluded their work.

De Ruyter told Scopa a few months ago that he informed Minister of Public Enterprises Pravin Gordhan and President Cyril Ramaphosa’s national security adviser Sydney Mufamadi that high-ranking politicians were involved in corruption at Eskom.

The two said De Ruyter did not give details on this.

During the meeting of Scopa on Tuesday, Mothibi said they have interviewed Fivaz about the intelligence operation.

The project was not funded by Eskom, but big business to the value of R17.1 million.

In their investigation they found that the project was not approved by Eskom.

“We indicated and questioned why would Eskom appoint a private investigating company when allegations could have been referred to the SIU, to the Directorate for Priority Crime Investigations (the Hawks) or the State Security Agency in as far as it needed to gather intelligence.

“We could not find out why would the GCEO not to have reported this to law enforcement agencies and to that extent the intent was for him to assist with the investigation of maladministration and corruption. But we are of the view the manner in which he went about it is not consistent with his office, and without informing the board, the SIU, DPCI, SAPS and the Executive Authority. This on the governance side is maladministration on its own part, despite as he indicates in his book the good intent. That goes to the usefulness of the report,” said Mothibi.

He said the report was not approved by Eskom. Mothibi said this was a serious governance issue that the CEO of a company would sanction an operation without approval from the board of Eskom.

Eskom never received this intelligence report, he said.

However, most aspects of the report are being acted upon by the SIU and Eskom.

That was the useful part of the report, said Mothibi.

“Consideration should be given to hold the former GCEO to account. We will consider the options that are available, together with the board, and advise accordingly. Should the nature of the action be warranted, based on legal assessment, we (will) reach out (to him) wherever he is so that action is taken,” said Mothibi.

“You are aware our colleagues from DPCI have the report. We have already started discussions with the DPCI to conduct a joint operation,” he said.

Mothibi said they are investigating companies that are implicated in the report. He said the report had found that there were cartels operating at Eskom and this was under probe by the SIU.

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