DA lays criminal charges against Eskom CEO Brian Molefe
The Democratic Alliance says it has laid criminal charges against Eskom CEO, Brian Molefe, based on the prima facie evidence contained in the Public Protector’s report, State of Capture.
Molefe announced last week that he would voluntarily step down from his position at the end of 2016, in the wake of allegations contained in the report.
The DA said that the affidavit filed on Thursday concerns possible criminal and/or statutory offences committed in terms of the Public Finance Management Act (PFMA), Act 1 of 1999, the Prevention and Combating of Corrupt Activities Act (PACCA), Act 12 of 2004 and the Powers Privileges and Immunities of Parliament and Provincial Legislatures Act, Act 4 of 2004.
“For too long people in positions of power have been given free rein to abuse public money with impunity,” said DA shadow minister of Public Enterprises, Natasha Mazzone.
The DA noted that the PP’s report details the close relationship between Molefe and how key decisions were taken by him, as the head of Eskom, for the ultimate benefit of the Guptas and at the expense of the people of South Africa.
“It appears that Mr Molefe has violated procurement procedures prescribed in key legislation regulating the conduct of executive members of state-owned institutions (SOE) as well as a failure to curb corruption in the use of public funds,” Mazzone said.
The DA said that the affidavit also sets out possible criminal offences in terms of the Prevention and Combating of Corrupt Activities Act, specifically:
- Molefe’s relationship with Ajay Gupta and his family, and with the directors of Gupta-owned Tegeta, as well as his role in the awarding of contracts to Tegeta and other companies linked to the Gupta family.
“Furthermore it must be determined whether or not any offence has been committed in terms of section 50 of the PFMA, or in terms of any other relevant laws which pertain to the use of state procurement in order to benefit the ANC and associated individuals as illegal,” Mazzone said.
“Corruption steals opportunities,damages our economy, and hinders service delivery. The DA will not rest until this matter is fully investigated and action is taken against all those found guilty,” the shadow minister said.
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