- Chief Justice Raymond Zondo has recommended the criminal prosecution of former minister Mosebenzi Zwane, Rajesh Gupta, and a host of former Eskom executives.
- The recommendations come after Zondo found that there was sufficient evidence to prove that there was a scheme to capture Eskom.
- The findings are contained in the fourth instalment of his state capture report.
Chief Justice Raymond Zondo has recommended criminal prosecutions of former mineral resources minister Mosebenzi Zwane, Rajesh Gupta, former director of technology group EOH, Jehan Mackay, and a host of former Eskom executives for their roles in the attempted capture of Eskom and the National Treasury.
Among the Eskom executives identified are former CEO Matshela Koko, CFO Anoj Singh, and CEO Brian Molefe.
Zondo has also recommended that President Cyril Ramaphosa consider the fate of Deputy State Security Minister Zizi Kodwa, as he believes the latter is indebted to Mackay.
These findings were contained in the fourth instalment of the state capture report handed over to the president on Friday morning.
The report describes how there was capture at Eskom, attempted capture of the National Treasury, and details the Free State housing and asbestos debacle.
In the fourth part of the report, Zondo found that there was enough evidence to prove that former president Jacob Zuma was "central" to the Guptas' capture of Eskom.
Zondo found that the evidence led before the State Capture Inquiry proved that the Guptas had executed a scheme to capture Eskom and that they were aided by Zuma.
Zondo's report found:
"Central to the Guptas' scheme of state capture was President Zuma, who the Guptas must have identified at a very early stage as somebody whose character was such that they could use him against the people of South Africa, his own country and his own government to advance their own business interests and President Zuma readily opened the door for the Guptas to go into the SOEs and help themselves to the money and assets of the people of South Africa."
The report found that the key elements enabling the capture at Eskom were former executives of the power utility, particularly Koko, Singh and Molefe.
"They (the aforementioned executives) would have acted as they did for their personal interests, in order to secure employment positions and receive financial rewards or benefits from the Guptas.
"All those Eskom officials who were party to facilitating the acquisition by bringing pressure to bear on Glencore to dispose of its coal interest to the Guptas and were party to or facilitated payment of this very large sum of R659 million and the R1.68 billion guarantee are prima facie guilty of theft and ought to face criminal charges for such corruption and related conduct.
"The recommendations for criminal charges are particularly applicable to Mr Anoj Singh and Mr Koko, who by false pretences led Eskom, through the officials who processed the R659 million payment, to believe that the R659 million payment was in the nature of pre-payment, later converted into a guarantee, when in truth and fact they knew that the prepayment and the guarantee were needed to enable the Guptas to complete and save the sale of share transaction," the report says.
He also urged the NPA to "conduct further investigations as may be necessary with the view to possible criminal prosecute implicated parties".
Zondo recommended that Koko and Singh be investigated and possibly prosecuted for their role in Eskom's deal with McKinsey and Gupta-linked Trillian
The report found that "rampant corruption" was evident in the awarding of contracts and the approval of payments to McKinsey and its BBBEE partner, Trillian.
He also took it a step further and recommended that criminal investigations be undertaken, with possible prosecution of the entire Eskom board of 2014.
Zondo also recommended that Koko and Singh should be criminally prosecuted for their role in the sale of the Optimum coal mine to the Gupta family.
Part four of the state capture report, which looks into the attempted capture of the National Treasury, also recommended that criminal prosecutions be instituted against Rajesh Gupta for trying to bribe Mcebisi Jonas.
Gupta had offered Jonas R600 million to take the position of finance minister and work with his family.
It also found that the Guptas "probably" had a hand in the appointment of Lynne Brown as minister of public enterprises in May 2014.
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