The National Prosecuting Authority’s (NPA) Investigating Directorate (ID) says it is confident that the Eskom Kusile R2.2 billion tender matter related to former Eskom interim CEO Matshela Koko will be re-enrolled as soon as outstanding aspects of the investigation are completed.
The case against Koko and some 18 other accused was struck off the roll in the Middelburg Specialised Commercial Crimes Court because the court deemed there to be an undue delay in the completion of investigations.
The State alleges that Swiss company Asea Brown Boveri (ABB) was irregularly awarded a control and instrumentation contract at Eskom’s Kusile Power Station in 2015 after “colluding” with Eskom officials in exchange for kickbacks.
NPA ID spokesperson Sindisiwe Seboka highlighted that the court’s decision “is not tantamount to an acquittal or withdrawal of the charges”.
“The ID will continue investigating the case in line with the original case strategy that it developed for this complex matter. The issues raised by the court have been noted,” she said.
Koko has on many occasions maintained that he is innocent, implying that the corruption case against him was politically motivated.
“The media has a role to play in helping the public evaluate whether the ongoing criminal investigations and prosecutions are proceeding appropriately or have been weaponised. The journalists failed the simple test. They saw nothing comical when the NPA obfuscated about the docket of more than a billion pages. The narrative that I am corrupt is too attractive for the media to be objective,” he stated.
According to the NPA ID spokesperson, “the delays were not anticipated at the time of the arrest of the accused; due to the complex nature of the case, the extent and the sheer volume, and the digital nature, of the evidence seized, in particular subsequent to the arrest and enrolment.”
“The ID will re-apply for the matter to be re-enrolled within a reasonable period of time, and as soon as the outstanding aspects of the investigation have been completed,” Seboka said.
