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R2.2bn Eskom corruption case: Investigating officer hints Germans could be let off hook


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R2.2bn Eskom corruption case: Investigating officer hints Germans could be let off hook

Former Eskom executive Matshela Koko
Photo by Creamer Media
Former Eskom executive Matshela Koko

1st November 2023

By: News24Wire

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It remains to be seen if the State will proceed with charges against two Germans alleged to be part of the Eskom R2.2-billion corruption case.

This was revealed during an inquiry in the Middleburg Specialised Commercial Crimes Court in Mpumalanga to determine if there had been any unreasonable delays in the case.

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On Tuesday, the inquiry continued to hear evidence from the investigating officer, who cannot be named due to safety concerns.

Former Eskom executive Matshela Koko and his co-accused, including his wife, Mosima Koko, her stepdaughters, Koketso Aren and Thato Choma, former SA Local Government Association chief executive Thabo Mokwena, lawyer Johannes Coetzee, Watson Seswai, senior Eskom project director Hlupheka Sithole, Sunil Vip, Markus Bruegmann, Gopal Kambi, Lesetsa Mutchinya and companies linked to some of them were charged in October last year.

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The investigating officer, who is under cross-examination by the defence, told the court he was unaware of any application for extradition of the two German nationals, Vip and Bruegmann.

He also could not say whether there were attempts or endeavours made to secure their presence in court.

Although the investigating officer could not say it explicitly, he suggested the two Germans would not be prosecuted.

Responding to a question by Shaun Abrahams, counsel for Mokwena and his two companies, the investigating officer said they have not brought Vip to court because they did not want to waste the court's time with him.

On Bruegmann, the investigating officer said he was talking to them.

However, Abrahams quickly dismissed those assertions and said he knew the director of public prosecutions dismissed the representations made by the two not to be prosecuted.

Vip and Bruegmann are former employees of Swiss multinational company Asea Brown Boveri (ABB) who are accused of facilitating not only the appointment of Impulse International, a company in which Aren held a 25% shareholding, but also facilitated payments of kickbacks to Koko.

The National Prosecuting Authority previously failed in its attempts to extradite the Gupta brothers, Rajesh and Atul, from the United Arab Emirates.

News24 previously reported in 2015, Eskom awarded a R2-billion contract to ABB to install a control and instrumentation system, which was a centralised computer network that controlled the operation and functions on the power generating units at the Kusile power station.

At least R549-million was paid by ABB to Impulse International, a company of which Aren, one of Koko's stepdaughters, was a shareholder.

Impulse paid at least R30-million to another company owned by Aren, named Ukwakhiwa Investments.

From Ukwakhiwa, at least R14.5-million found its way to a company owned by Koko's wife, Mosima.

The inquiry will proceed on 9 November for the availability of an Afrikaans interpreter, as the investigating officer prefers to testify in his home language, Afrikaans.

Magistrate Stanley Jacobs said he understood the postponement impacted the accused tremendously.

He was also displeased with the delay since he had gone to great lengths to ensure the case proceeded on Tuesday, even though his court was not supposed to sit.

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