- Following an exhaustive disciplinary process into charges of gross misconduct, breach of duties and responsibilities and non-performance laid against Chief Procurement Officer (CPO) Solly Tshitangano, Eskom can confirm that it has received a report from the chairman of the disciplinary hearing, and has implemented the recommendations and findings.
During February 2021 Mr Tshitangano was suspended and charged on several grounds of misconduct, including non-performance. At his disciplinary hearing, he sought to place reliance upon alleged disclosures to trigger a defence based on the Protected Disclosures Act and Eskom’s Whistle Blowing Policy. The chairman of the hearing, an independent advocate, determined that he would provide the CPO with an opportunity to answer to the supplementary misconduct charges relating to Econ Oil’s relationship with Eskom and the apparent support by the CPO of the continuation of that relationship after he had joined Eskom in early 2019, before ruling on the protected disclosure application.
While Eskom relied on the evidence of two witnesses, together with a forensic report from law firm Bowmans, the CPO elected not to give any evidence in his own defence. His legal representative did, however, cross examine Eskom’s witnesses.
The chairman dismissed the defence based on protected disclosure, finding that it was rather an attempt on the part of the CPO to divert attention from his conduct.
He found Mr Tshitangano guilty on five charges: serious misconduct in failing to carry out his duties; contravening the Public Finance Management Act; and for contravening Eskom’s Disciplinary Code in that he divulged confidential information to external parties.
The independent chairman recommended dismissal as the only appropriate sanction.
Eskom has accordingly implemented the recommendations. The former Chief Procurement Officer was today dismissed with immediate effect.
Author: Bryan Groenendaal