Eskom and the Special Investigating Unit (SIU) have issued a summons in the North Gauteng High Court to recover funds that were corruptly diverted to the Gupta family and their associates.
Among the 12 defendants were former Eskom board members, Gupta family members, their associates, and others.
Eskom argued that the actions of these parties during the acquisition of Optimum Coal Holdings (OCH) Limited resulted in the power utility suffering R3.8 billion in losses, which it said it was legally obliged and morally burdened to recover, together with the interest thereon.
The defendants are:
- Former Eskom CEO Brian Molefe
- Former Eskom CFO Anoj Singh
- Former Eskom executive Mathsela Moses Koko
- Former Eskom legal head Suzanne Margaret Daniels
- Former Eskom board chairman Baldwin Ben Ngubane
- Chwayita Mabude
- Mark Vivan Pamensky
- Mosebenzi Zwane
- Salim Aziz Essa
- Tony Gupta
- Atul Gupta
- Ajay Gupta
“All of the former executives and board members breached their fiduciary duty of care and good faith to Eskom, and acted in a concerted state capture effort with the Gupta brothers, Mosebenzi Zwane, and Salim Aziz Essa to illegally divert funds from Eskom,” the power utility said.
“The Gupta brothers owned the majority of shares in entities that, in turn, owned the majority of shares in Tegeta Resources and Exploration.”
“The Gupta brothers are currently fugitives from justice in South Africa and are based in Dubai; as well as Salim Aziz Essa, who is also a fugitive from justice in South Africa and based in Dubai,” Eskom said.
Eskom said itself and the SIU reserve the right to pursue other individuals and entities or to join others to this legal action.
It added that it continues to review major contracts concluded in previous years and would act similarly against any evidence of corruption or irregularities unearthed through this investigation.
Eskom and the SIU initiate steps to recoup funds from former executives lost to State Capture corruption pic.twitter.com/GWikah2bfl
— Eskom Hld SOC Ltd (@Eskom_SA) August 3, 2020