Shamila Batohi in spotlight as ID vows R2.2bn Koko corruption case isn't over

National Prosecuting Authority (NPA) head Shamila Batohi is in the spotlight after another high-profile state capture case was struck off the court roll.

This time it involves former Eskom boss Matshela Koko in a R2.2bn corruption case. 

The Middelburg specialised commercial crimes court on Tuesday struck the case against Koko, his wife Mosima and stepdaughters Koketso Aren and Thato Choma — who were charged with fraud, corruption and money laundering — due to months-long delays.

Koko was arrested last October, accused of involvement in irregular tenders during his tenure as Eskom CEO. The case was troubled by delays but the NPA’s Investigating Directorate (ID) which headed the multibillion-rand corruption case says it is, however, confident Koko and his co-accused will be back in the dock as soon as the state irons out its investigations.   

“ID is confident that the Eskom Kusile R2.2bn matter will be re-enrolled as soon as outstanding aspects of the investigation are completed,” ID spokesperson Sindisiwe Seboka said. 

Seboka’s assertion came as Batohi received backlash on social media with people criticising her office for the delays which led to Koko and co-accused walking free.

“The delays were not anticipated at the time of the arrest of the accused; due to the complex nature of the case, the extent and the sheer volume, and the digital nature, of the evidence seized, in particular subsequent to the arrest and enrolment,” she said. 

“Work on the compilation of the outstanding reports is ongoing. The ID will apply for the matter to be re-enrolled within a reasonable period of time, and as soon as the outstanding aspects of the investigation have been completed.” 

Amid criticism on social media against NPA head, some people defended Batohi saying her crime-fighting unit lacked funds and resources to deal with the workload. Sunday Times reported National Treasury cuts were anticipated to affect the NPA and ID. Legal expert Llewelyn Curlewis, from the University of Pretoria, warned that budget cuts for the NPA were a recipe for disaster, saying it was already struggling.

Initially, when Koko was arrested along with seven other accused, Special Investigating Unit (SIU) spokesperson Kaizer Kganyago described the move as important. The SIU conducted an investigation on Eskom affairs and tenders with private companies at Medupi, Kusile and Ingula power stations. 

Kganyago said their probe revealed Eskom irregularly appointed a Swiss engineering company, Asea Brown Boveri (ABB), to do work at Kusile and was awarded the R2.2bn contract. He said the probe found Koko allegedly played a key role in the unlawful contract.

“The SIU probe revealed that ABB subcontracted Impulse International, a company owned by then senior Eskom executive Mr Koko’s stepdaughter Ms Koketso Choma, and other companies. The subcontracts were awarded irregularly and were non-compliant with Eskom procurement processes,” Kganyago said. 

“Evidence obtained by the SIU revealed that Mr Koko allegedly played a vital role in the awarding of contracts to Impulse International, ABB and other subcontractors.

“When contracts were awarded to Impulse, his stepdaughter became a director at Impulse and she later resigned her directorship in Impulse and opened Mokoni Trust. Monies were then paid into the trust by Impulse. The monies were then channelled to business and various channels linked to the Koko family.” 

According to an Eskom report presented to the standing committee on public accounts (Scopa) earlier this month, ABB repaid about R1.56bn to Eskom for the unlawful contract and overpayments made by Eskom to the company. The report also recorded that ABB paid R2.5bn as punitive reparations to South Africa for serious crimes committed at Eskom during the state capture era.

The Koko case was not the first blow dealt to the NPA regarding state capture corruption prosecutions. In April, accused in the state’s Nulane state capture R24.9m money laundering and corruption case were acquitted due to evidence the court deemed inadmissible. The state’s attempt to appeal the acquittals also fell flat as the Bloemfontein high court in August dismissed the case. The NPA continues to fight for prosecution in that case.

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