Disciplinary proceedings against suspended Eskom CEO delayed again

Disciplinary proceedings against suspended acting CEO of Eskom Matshela Koko underwent a second false start on Monday when it emerged that the newly appointed chairman would not be available for most of this week.

Mzungulu Mthombeni was appointed on Friday but he was forced to admit to Koko’s legal representatives that he had not yet been properly briefed‚ given a letter of appointment‚ terms of reference or even the charge sheet.

By Monday afternoon‚ it was still unclear when the inquiry would proceed as Mthombeni was unable to immediately provide details of his availability.

The hearing is set down to be heard between Monday and Friday this week.

Advocate Frans Barrie‚ representing Koko‚ emphasised that his client was very anxious to get the proceedings under way and that the delay was no fault of his.

“This is the second time. The first time the matter was simply postponed. According to the prescripts of the Eskom disciplinary code‚ labour matters such as these need to be dealt with within a certain time frame and we are long past that. We are very‚ very anxious for this matter to get under way‚” Barrie said.

Advocate Hamilton Maenetje was to have presided over the hearing‚ but was told late last week the matter would start on Friday‚ not Monday as had been set down in his original brief. As he was not available on Friday‚ he was forced to withdraw‚ prompting Eskom’s legal representatives to appoint Mthombeni.

Koko is accused of failing to declare a conflict of interest after he contributed to awarding around R1-billion in contracts to a company of which his stepdaughter was a shareholder. The payments were also allegedly in contravention of Eskom’s procurement policies.

He will also face five charges relating to undermining his colleagues and irregularly removing some from their positions. The charges emanate from a forensic probe that was instituted after a whistleblower report.

Charges relating to his role in the R1.6-billion paid to global consultancy McKinsey and Co and local financial advisory firm Trillian Capital Partners are yet to be finalised.

The only business concluded on Monday was an application by Tiso Blackstar (formerly Times Media Group) to be allowed to attend the inquiry and report on the developments. Neither Koko nor his legal representatives raised any objections to the presence of the media.

The state power utility‚ represented by evidence leader Sebetja Matsaung‚ also raised no objections but asked for the media to refrain from sensationalising any aspect of the evidence against Koko without proper context.

Advocate Carol Steinberg on behalf of Tiso Blackstar submitted that the subject matter of Koko’s charges have been widely reported in the media and that he had not asserted his right to privacy.

She cited examples of where the Constitutional Court and the Supreme Court of Appeal had ruled and upheld rulings which allowed the media access to disciplinary inquiries‚ such as that of former NPA prosecutor Glynis Breytenbach and former SARS spokesman Adrian Lackay.

Mthombeni‚ in granting the application‚ said it was possible that a situation could arise where the matter will continue in camera when‚ and if‚ confidentiality became paramount.

“This matter has been in the public domain for some time‚” Mthombeni said in his ruling.

“But I must say this: the media must report accurately and respect the integrity of the proceedings. They must also try by all means to convey the events accurately and without sensationalism.”

Tiso Blackstar was the only media company present on Monday to apply for access to the hearing.