OVERVIEW: State capture at Eskom 'has been multi-layered' - Mabuza wraps up testimony at #StateCaptureInquiry

2019-02-25 14:00

The judicial commission of inquiry into state capture has wrapped up the testimony of Eskom board chairperson Jabu Mabuza, who revealed details about the 'capture' at the power utility.

WATCH LIVE: State Capture Inquiry 

(Courtesy of SABC) 

Advocate Vincent Maleka at the commission of inqui

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Last Updated at 18:49
25 Feb 14:19

Zondo, happy that the work of the commission has made up some lost time by starting earlier this morning and powering through the lunch hour, now adjourns proceedings until 10:00 tomorrow morning. 

25 Feb 14:18

Zondo now discussing procedural matters with his legal team, regarding tomorrow's proceedings.

25 Feb 14:17

Zondo now thanking Mabuza for coming forward to assist the commission, and also for being willing to come back again should further testimony be required from him. 

25 Feb 14:16

25 Feb 14:16

Mabuza says he hopes that this commission will show that corruption doesn't pay, and the ethos of hard work will be brought back to society.

On state capture at Eskom, Mabuza says: "This has been multi-layered, this capture has been multi-layered and it's not enough to just deal with structures." 

25 Feb 14:09

Mabuza says the Eskom board believes the power utility was "captured" during 2014/2015, and the board will continue to assist the commission.

25 Feb 14:09

Back after the short break, with Mabuza now having consulted with his legal team before offering his closing remarks.

25 Feb 14:05

25 Feb 14:04

Zondo adjourns proceedings for five minutes so that Mabuza can consult with his legal team.

Zondo, Maleka and Mabuza had earlier agreed to keep going through what would've been the lunch adjournment, so that Mabuza can wrap up his testimony today.

25 Feb 14:02

25 Feb 14:02

25 Feb 13:58

25 Feb 13:43

Maleka appears to be wrapping up Mabuza's evidence, and asks Mabuza if he has any final thoughts/recommendations to put forward to the commission. 

Mabuza requests that the commission look into Brian Molefe's conduct in defrauding Eskom. 

Maleka: "I want to assure you that the commission will do so." 

Maleka says the commission will also probe Molefe's R30m pension payout. 

25 Feb 13:38

25 Feb 13:34

Mabuza reads from an email dated 11 June 2016, in which "Businessman" (determined to be Salim Essa by Mabuza/Eskom board) says he is happy with the comments of the memorandum.

25 Feb 13:20

Mabuza says the board concluded that Eskom was being run "from outside its offices".

25 Feb 13:17

25 Feb 13:17

25 Feb 13:17

25 Feb 13:16

Mabuza says as far as the current Eskom board is concerned, "Mr Matshela's departure from Eskom, in this particular term, is not related to what is publicly said about IPPs not signing".

Mabuza: "He resigned an hour before his disciplinary hearing stating that, and I'm paraphrasing this letter, 'in the interests of the safety of his family and children, he doesn't want to proceed'."

25 Feb 13:12

Maleka asks Mabuza about Koko's response to these charges against him. 

Mabuza: "These are the charges that were placed to Mr Koko, and we never got to discipline Mr Koko on these. As the chair would remember, we indicated that when we arrived at Eskom on the 22nd of January, Mr Koko was not at Eskom, he was on suspension and he was challenging his suspension, and the Labour Court had decided that he be reinstated."

Mabuza: "Upon reinstatement, for reasons of logistics he was to report the following Monday, owing to the fact that the Wednesday before and the days leading up to that, he was in Parliament. We then served him with these charges over the weekend, before he was to resume office and we placed him immediately on suspension." 

Mabuza: "Being reinstated, we respected the court decision to reinstate him. As a reinstated employee, we had placed these charges and we immediately suspended him. And we never got to... a lot of time had passed in the nature of these engagements, between setting up the disciplinary process, getting an independent chairman and our legal team being ready to come and lead the evidence against Mr Koko, in touch with his legal representatives." 

Mabuza: "A date was set - and I'll have to check what were those dates - suffice to say, having been reinstated and having publicly said he wants to clear his name, Mr Koko resigned one hour before the start of the disciplinary hearing." 

Mabuza says the board got a letter from his attorneys to that effect, "telling us that he is resigning".  

25 Feb 12:59

Maleka now once again directs Mabuza to the email dealing with the travel arrangements of Koko and his family, sent by Essa, which mentions visas to Dubai, and travel to Bali. Mabuza reiterates that investigations definitely showed that the email address belonged to Essa.

According to Mabuza, Koko was charged by Eskom for lying to Parliament about travelling to Dubai.

25 Feb 12:57

25 Feb 12:49

25 Feb 12:39

Mabuza says that this was all happening around the time Des van Rooyen was appointed finance minister. Mabuza notes that one of the people involved with Regiments, Mohamed Bobat, later became an adviser to Van Rooyen, while he was minister.

25 Feb 12:33

Maleka establishes with Mabuza that Regiments was not doing any work for Eskom at the time.

25 Feb 12:24

Mabuza now dealing with an email apparently sent from Anoj Singh to Matshela Koko, discussing coal supply at power stations and a suggestion to "pre-purchase" coal.

The email talks of a "round robin resolution (RRR)" and Mabuza says the RRR seems to have been drafted outside of Eskom.

The round robin resolution from Regiments suggested a R1.6bn guarantee from Eskom for Optimum Coal Mine.

25 Feb 12:23

25 Feb 12:19

25 Feb 12:19

25 Feb 12:18

25 Feb 12:07

Mabuza reads from a document concerning the emails: "...thirdly, the contents of the email demonstrate a clear leaning to favour Essa and the Guptas in business transactions involving Eskom. Fourthly, the conduct of Essa, by this time, and in particular his ability to pack the Eskom board with his lackeys, demonstrates that he was indeed running Eskom." 

Mabuza: "And outside of conducting the affairs of Eskom for the purpose of enriching himself and his associates. On the probabilities - that is paragraph 68 - I concur with the evidence of expert Sean Morrow, that the email account most probably belongs to Mr Essa." 

25 Feb 12:01

25 Feb 11:58

The attention now shifts back to Mabuza's testimony, and he continues on the topic of the emails, and how they arrived at the conclusion that an email address belonged to one, Salim Essa.

25 Feb 11:56

Zondo seeks to clear up any misunderstanding about an article that appeared in Business Day, which dealt with sections of Shaun Abrahams' statement, which has already been submitted to the commission, but Abrahams, of course, has not appeared before the commission. 

Zondo mentions a meeting with Sanef and an agreement that was previously reached, and states that the correct processes were followed and the article is not in breach of these agreed regulations. "The application of approval was granted, proper processes were followed," says Zondo.

25 Feb 11:51

Pretorius says the Gupta family has indicated it will formally apply to have the video evidence submitted as evidence to the commission.

25 Feb 11:47

Back from the short break, and Advocate Paul Pretorius is now addressing Zondo, seemingly discussing the "Gupta video" of the in loco inspection conducted at the Gupta home in Saxonwold.

25 Feb 11:43

25 Feb 11:29

The short morning adjournment is called. Back at 11:40.

25 Feb 11:28

25 Feb 11:28

25 Feb 11:27

25 Feb 11:26

25 Feb 11:26

25 Feb 11:22

Mabuza refers to an email, "that comes from Sameera, dated Tuesday 22nd December 2015, at 12:25 pm."

Mabuza: "Sameera is sending this email to Mr Salim Essa, on email address salimessa@gmail.com, and has copied [name]@travelexcellence and [name]@travelexcellence... Sameera is sending this from his email from travelexcellence.co.za, and he says, she says, or Sameera says: 'Your one visa is out' - this is to Salim Essa from Travel Excellence."

Mabuza: "On page 446, we see an email from Matshela Koko, from his email address on the 3rd of January (2016) at 14:30. He's sending this email to the reception at grandastonbali.com - it would appear it's a hotel in Bali. And the subject is 'visa for travel' and he sends attachments 'Matshela Moses Koko1', '[Koko's wife]', and '[Koko's son]', these are attachments to this email. This is sent from his Samsung device."

Mabuza: "That same day, on the 3rd of January, at 7:58, an email sent from businessmaninfoportal1@zoho.com is addressed to MatshelaKoko2010@yahoo.com - his private email - with the topic 'One visa for travel'. And it has forwarded there, '3x Koko family visa'."

Mabuza: "So, chair, Sameera sends an email to Salim, to his Gmail address. This visa finally lands in Koko from 'Businessman infoportal'. So the conclusion we have drawn, is Salim Essa who received the email from Sameera, is the same Salim Essa who used 'Businessman' infoportal1@zoho.com to send it to Matshela Koko." 

Mabuza: "That is how we conclude that Salim Essa is 'businessman'" referred to in that email address. 

25 Feb 11:02

Mabuza says in an email sent on 30th September 2015, Koko sent an email out to Essa which contained a letter written by then-board chair Ben Ngubane to former minister Lynne Brown discussing the suspension of advertising with the Sunday Times, City Press and Mail & Guardian.

25 Feb 10:54

25 Feb 10:48

Maleka asks Mabuza to now move onto the contents of the email, from the same email address, but on a different date - the 8th of August. 

Mabuza: "It's an email that was sent on the 8th of August from Matshela Koko...on the 8th of August at 22:20...the subject is 'online vending' and the attachment is 'online vending'." 

Maleka: "And the body of the email?" 

Mabuza: "The body of the email on (page) 493, is: 'We did not finish our discussion about this transaction'..." 

Mabuza explains: "So this is Matshela, saying to 'infoportal', which we have concluded is Mr Salim Essa and we will demonstrate how we arrive at that conclusion, he said they did not conclude their discussion about this transaction, and this is what is going to the board on the 18th of August." 

Mabuza: "So on the 8th of August, Mr Matshela Koko sends - our argument - to Mr Salim Essa a document on online vending that was discussed with Mr Salim Essa, as it would appear on this email, but that discussion about this transaction was not finished - to use his words - but this material is going to Mr Salim Essa 10 days before it's gonna go to go to the board." 

25 Feb 10:30

25 Feb 10:24

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