Johannesburg- Business tycoon Nothemba Mlonzi is seeking to have prominent judge Bashier Vally reprimanded by the Judicial Services Commission over his handling of a matter that involved a multibillion-rand contract her company had with Eskom.
Vally, who is currently a judge in the Joburg High Court, was recently nominated as one of the five candidates vying for the two vacant positions at the Constitutional Court.
Mlonzi, who runs Econ Oil and Energy, in a complaint dated October 29 to the judicial conduct committee accuses Valley of acting in bad faith when he relied on a “non-existent” confirmatory affidavit when he ruled in favour of the power utility.
“… Judge Vally has done little to enhance public trust in the judicial system, neither did he apply his mind diligently to the matter at hand, nor investigate the matter thoroughly before handing down the judgment,” Mlonzi states in her affidavit.
“I am hereby requesting the Judicial Services Commission to investigate this complaint as it is in my view that judge Vally’s conduct has violated the rules of conduct and that he is not fit to be appointed as a judge of the Constitutional Court of South Africa.”
Founded in 2001, Econ Oil offers fuel oil storage, fuel, automotive fuels, LPG, industrial energy solutions, laboratory services and fuel management systems to its customers. It also supplies fuel oil for generation, mining, tyre, milling and other industries.
Vally in June set aside the R8-billion tender between Eskom and Econ Oil after he found the contract unlawful.
The contract, which was entered into in 2019, was to supply Hendrina power station with fuel oil. Vally ruled that the tender was tarnished by “irregularity and illegality” and that it also contravened public procurement policy.
Eskom in December 2019 awarded a R14-billion fuel oil contract to three sup-pliers, including Econ Oil.
However, in January last year, Eskom CEO André de Ruyter raised questions about the tender process and award, including the pricing and financial evaluation, technical and infrastructure capabilities and evaluation.
Two months later, the Eskom board resolved to cancel the November 2019 tender award for fuel oil. Eskom in January this year then launched a review application in the high court to set aside the November 2019 R14-billion fuel oil tender to the three preferred suppliers, including Econ Oil.
Eskom spokesperson Sikonathi Mantshantsha said: “Eskom has previously communicated publicly that it has launched a court process to recoup some of the monies previously paid to Econ Oil in previous contracts on which evidence of corruption has been established.”
Vally and Judicial Services Commission did not respond to questions at the time of going to print.
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