Former Eskom executive Matshela Koko has instructed his lawyers to apply for a court order compelling the Zondo commission and chief justice Raymond Zondo to produce complete evidence of alleged wrongdoing against him.
Koko had filed an application in the Joburg High Court in December 2022 for Zondo and his commission to review its adverse findings, which implicated him in allegations of state capture.
Zondo and the commission, who were expected to file a responding affidavit after stating their intention to oppose his application, failed to do so within the prescribed 30 days period.
He had given them until February 20 to submit the records but they failed to do so.
Determined to clear his name, Koko filed a notice under Rule 30A in the same court on July 24, reminding Zondo and the commission that they were legally bound to provide him with the required records.
These include full records of the commission’s proceedings, together with reasons for their findings against him.
They failed and showed him the middle finger, thus creating the impression, he said, that no such records existed.
Speaking to Sunday World, Koko said he had now unleashed his lawyers on Zondo and the commission to comply with his demands. “I have given my lawyers instructions to proceed with the application to compel the commission to deliver the complete record,” said Koko.
According to the letter written by Koko’s lawyers, Ndou Attorneys, which was addressed to theZondo commission’s lawyers Rangata Attorneys on July 31, there are 15 pieces of evidence needed to enable Koko to supplement his founding affidavit.
These include an alleged unsigned letter Koko apparently sent to Brian Molefe in which he slammed media houses hostile to Eskom and called for the power utility to cut ties with them.
Koko also demanded board resolutions and minutes of alleged Eskom board meetings that Zondo relied on to nail him.
Also missing from the record was alleged email correspondence between Ashu Chalwa of Sahara Computers and Gupta lieutenant, Salim Essa.
It was alleged that Essa facilitated payment for a holiday overseas for Koko and his family.
According to Koko, since the commission also relied on the so-called #GuptaLeaks emails, it must provide a report that supports their authenticity.
He said the commission promised to do so in 2018 when it received the files.
“Two witnesses were scheduled to give evidence in July 2019 to assist the commission in completing the chain of custody. As and when those investigations were completed, the legal team of the commission would then present the information to the commission,” read the letter, which we have seen.
He also called on the commission to provide a transcript of the evidence of the alleged two witnesses.
He also called for proof that the commission’s legal team authenticated the emails.
The commission, in its report titled “The Capture of Eskom”, in which Koko was implicated, also referred to an affidavit of a supervisor for Coal Chemical Services at Kendal Power Station. Koko wanted a copy of this alleged affidavit as well as an affidavit by Thami Sibanda, who served as operating manager at the same power station.
He accused the commission of being responsible for the missing evidence.
“The commission declares as a fact that Tegeta charged Eskom more than Eskom had paid for the coal from Optimum Coal Mine.
“In the records presented to us on July 27, 2023, we could not find state capture commission transcripts or any affidavit before the commission where Mr Anoj Singh’s relevant testimony was placed before [Zondo] or any other witness for evaluation. When did the commission interact with this evidence?”
Koko, the managing director of Matshela Energy, said he was confident Zondo and the commission “will be cornered”.
He said they had nowhere to hide since he had been diligent in following the rules of the court.
“Their degree of freedom is now limited,” he proclaimed.
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