Former Eskom Interim CEO Matshela Koko Files Review Application Against State Capture Enquiry Findings

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  • Former Eskom interim CEO Matshela Koko, this week filed a review application in the Gauteng High Court requesting some findings against him by the State Capture Inquiry to be set aside.
  • These relate to his alleged dealing with the Gupta family and their associate, Salim Essa.
  • Koko’s latest move is questioned as he, his wife Mosimo and his two step daughters, Thato Choma and Koketso Aren, were arrested  on 27th October on charges of corruption and money laundering in what is believed to be a watertight case. Read more  

He accused the inquiry of failing to interrogate witnesses who testified against him at the State Capture Inquiry and had they done so, then it would have weakened the commission’s narrative against him.

“Interrogating these witnesses would have weakened the commission’s narrative against me. The commission accepted the evidence of the critical witnesses as a common cause, especially when the evidence implicated me. A reasonable commission would have probed this evidence to test its veracity to ensure that the rules of law and natural justice were observed,” said Koko in his affidavit.

The commission head, Chief Justice Raymond Zondo, found that Koko was “an integral component of the Gupta family’s strategy to capture Eskom”. Read more

Koko’s motives and logic are questioned as he was recently arrested along with his wife and two step daughters on charges of corruption and money laundering in what is believed to be a watertight case.

Recently ABB Ltd. (ABB), a Swiss-based global technology company listed on the New York Stock Exchange with core businesses focused on electrification, automation, motion, and robotics has agreed to pay more than US$315 million to resolve an investigation into violations of the Foreign Corrupt Practices Act (FCPA) stemming from the bribery of a high-ranking official at South Africa’s state-owned energy company, Eskom. The official is believe to be ex Eskom interim CEO, Matshela Koko. The US Department of Justice’s resolution was coordinated with prosecutorial authorities in South Africa and Switzerland, as well as the U.S. Securities and Exchange Commission (SEC). Read more 

“This is the department’s first coordinated resolution with authorities in South Africa, where much of ABB’s criminal scheme was carried out, reflecting our commitment to relationship-building and our ever-deepening partnerships in the global fight against corruption,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division.

Related news: Eskom welcomes the arrest of former ABB employees in corruption case

“ABB bribed a high-ranking official at South Africa’s state-owned energy company in order to corruptly obtain confidential information and win lucrative contracts. In addition, our partners in South Africa have brought corruption charges against that official.  This resolution demonstrates the Criminal Division’s thoughtful approach to appropriately balancing ABB’s extensive remediation, timely and full cooperation, and demonstrated intent to bring the misconduct to the department’s attention promptly upon discovering it, while also accounting for ABB’s historical misconduct,” added Polite.

According to court documents and statements made in court, ABB entered into a three-year deferred prosecution agreement (DPA) with the department in connection with the filing of a criminal information in the Eastern District of Virginia charging the company with conspiracy to violate the FCPA’s anti-bribery provisions, conspiracy to violate the FCPA’s books and records provisions, and substantive violations of the FCPA. In addition, ABB subsidiaries ABB Management Services Ltd. (Switzerland) and ABB South Africa (Pty) Ltd. (South Africa) each pleaded guilty to one count of conspiracy to violate the anti-bribery provisions of the FCPA.

Author: Bryan Groenendaal


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