Financial Mail and Business Day

Suspended manager pleads ignorance

• Tribunal hears manager was ‘unaware’ the account to which he is signatory was receiving payments from utility

Luyolo Mkentane Political Writer mkentanel@businesslive.co.za

Suspended Eskom coal operations senior manager Petrus Mazibuko told a special tribunal hearing on Thursday he did not know where R11m in a bank account, for which he is a signatory, came from.

Suspended Eskom coal operations senior manager Petrus Mazibuko told a Special Tribunal hearing on Thursday he did not know where R11m in a bank account, to which he is a signatory, came from.

In April, the tribunal granted the Special Investigating Unit (SIU) an interim order to freeze the funds after a whistle-blower alleged that Mazibuko was receiving unauthorised payments from two Eskom suppliers — Commodity Logistix Managers Africa and Thembathlo — through a bank account with FNB held by Thephunokhetja Projects.

According to the SIU investigation, the company’s bank statements showed the only source of income was from the two Eskom suppliers. Mazibuko and his brother Shadrack, who is cited as a second respondent in court papers, are signatories to the account.

The SIU is seeking an order forfeiting the R11m to the state.

The Special Tribunal is part of attempts to recoup losses suffered by the state-owned power utility during the corruptionmarred tenure of former president Jacob Zuma. In 2018, President Cyril Ramaphosa ordered an SIU investigation into the losses suffered at Eskom and Transnet arising from allegations of graft and influence-peddling by the Gupta family, who have close ties to Zuma and members of his family.

In May, the high court in Johannesburg granted an order to seize assets worth R1.4bn belonging to former Eskom executives accused of corruption in the construction of the Kusile Power Station.

Eskom, which is burdened with debt of about R400bn, depends on government bailouts to keep operating and its parlous finances are widely regarded as the biggest threat to the SA economy.

At Thursday’s hearing, SIU legal representative advocate Anthea Platt told the tribunal that Mazibuko had not disclosed his business interest in Thephunokhetja Projects to Eskom.

“Our case is very simple,” said Platt. “It’s non-disclosure, that’s it. The first respondent [Mazibuko] has an obligation in law to disclose … that he is a director [of Thephunokhetja Projects] and a signatory [to the FNB account]. He has admitted that he has not disclosed [that information to Eskom].”

Platt told judge Thina Siwendu that Mazibuko needed to be “upfront that he holds an interest in another company … He said he did not think that warranted a disclosure because he was not being paid a salary … but that does not exclude him from receiving payments to that bank account.”

Advocate Moses Mphaga, representing the Mazibukos, said Mazibuko was not aware of where the money in the bank account came from, as he became a signatory to the bank account only to assist his brother in his business dealings.

“He [Petrus Mazibuko] was not aware that they [Commodity Logistix Managers Africa and Thembathlo] were doing business with Eskom. The monies paid into the account were not based on the basis of contracts awarded,” said Mphaga.

This led to Siwendu interjecting: “So you say [Petrus Mazibuko] doesn’t know where the monies were coming from, but he was a signatory?”

Mphaga replied: “He was not aware the companies were doing business with Eskom.”

Siwendu countered: “I’m not fighting with that. Shouldn’t he have known where the monies were coming from?”

“He says he did not know,” replied Mphaga.

But Siwendu said there was “no evidence to back the denials”.

Judgment was reserved.

MAZIBUKO AND HIS BROTHER SHADRACK, WHO IS CITED AS A SECOND RESPONDENT IN COURT PAPERS, ARE SIGNATORIES TO THE ACCOUNT

HE SAID HE DID NOT THINK THAT WARRANTED A DISCLOSURE BECAUSE HE WAS NOT BEING PAID A SALARY

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2021-09-17T07:00:00.0000000Z

2021-09-17T07:00:00.0000000Z

https://tisobg.pressreader.com/article/281603833598645

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