The Helen Suzman Foundation and Magda Wierzycka say they have jointly approached the Pretoria High Court to recover the several billions of rands lost to corruption at Eskom.
The foundation and Wierzycka saw their actions as necessary in the “absence of action” by relevant organs of state and law enforcement agencies.
“Relief is also sought for the failure to report these instances of corruption, as required under the Prevention and Combating of Corrupt Activities Act, 2004.”
The application also seeks to not only recover money from Eskom, but those involved with in alleged corrupt dealings in the parastatal from members of the National Executive to the Gupta family and their associate businesses. The court action is not only to account fully for all funds and benefits they acquired through state capture, but to return those unlawful amounts to either Eskom or the state.
The filed application relates to the following allegations of corruption:
- The decisions by Eskom, its Board and its officials, to award Gupta-related entities, including Tegeta Exploration and Resources (Pty) Ltd, coal supply and emergency coal supply agreements without following the correct procurement process.
- The unlawful and corrupt conduct by Eskom officials, the Gupta family and associates in “forcing the sale” of Optimum Coal Holdings (Pty) Ltd and its subsidiaries to Tegeta
- The issuing of guarantees and prepayments worth billions of Rand to finance Gupta business interests which include the purchase of Optimum by Tegeta.
- The unlawful and corrupt conclusion of sponsorship agreements worth over R43-million between GuptasTNA Media (Pty) Ltd and Eskom, which includes the New Age Breakfast deal.
- The “corrupt and unlawful gratification”, which include appointments, payments and other benefits which have been given to various public officials, including Minister Mosebenzi Zwane, Collin Matjila, Anoj Singh and Mark Pamensky.
- The unlawful appointments of Mr Mogokare Seleke as the Director General of the Department of Public Enterprises and Zwane as the Minister of Mineral Resources.