NPA, Eskom collaborate on state capture cases

Friday, May 6, 2022

The National Prosecuting Authority (NPA) and Eskom have committed to collaborate on state capture cases.

On Thursday, the National Director of Public Prosecutions, Advocate Shamila Batohi, and her top leadership team met with the Eskom CEO, André de Ruyter, and members of his executive team.

“The meeting was arranged to discuss appropriate collaboration on state capture cases and other organised crimes against Eskom. Holding to account those most responsible is a priority for both entities, considering the devastating impact these crimes are having on South Africa’s development and economic prospects, and which disproportionately affect the poor and the vulnerable,” said the two parties in a statement.

Recently, the fourth part of the State Capture Commission’s report was handed over to The Presidency.

The NPA and the power utility agreed to enhance existing collaboration, to ensure the most effective coordinated responses to serious crimes, including those stemming from the State Capture Commission of Inquiry.

This includes increasing the sharing of information and high-level and operational coordination while protecting the NPA’s independence and mandate.

Where possible, the NPA and its Investigating Directorate (ID) will engage with Eskom investigators and legal experts to support its efforts to ensure accountability for alleged perpetrators, especially in complex and seminal cases.

“The two entities also agreed to continue to cooperate on top law enforcement coordination structures that focus on other crimes like cable theft and damage to essential infrastructure which seriously hamper the daily operations at Eskom and other state-owned entities.

“There is an appreciation by the NPA and Eskom for the urgency in dealing with all the crimes negatively impacting Eskom’s ability to deliver on its key task to provide stable and sustainable electricity to drive South Africa’s wellbeing and economic growth prospects.”

Meanwhile, the NPA has made important progress on seminal cases impacting various state-owned enterprises, including Eskom. The NPA has committed to enrolling these cases in the coming months.

“Impunity for these crimes committed against the people is no longer an option. Eskom commits to be readily available and to continue providing all assistance required to successfully prosecute these crimes against the people of South Africa,” said the two entities.

In addition, Eskom has set up a project team, supported by its internal and external lawyers, to ensure that the Judicial Commission of Inquiry into Allegations of State Capture, Fraud and Corruption report is reviewed, understood and appropriate actions are taken to address recommendations made therein and to protect Eskom’s interests.

Under the leadership of Eskom’s Group Executive for Legal and Compliance, the panel will work closely with the NPA to expedite the sharing of information as appropriate with a view to the prosecution of state capture crimes. –


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