Eskom lawyer scored R50k a day for Matshela Koko hearing

Fee raises eyebrows amid allegations case was designed to fail

22 October 2017 - 00:02 By MZILIKAZI wa AFRIKA and KYLE COWAN

Sebetja Matsaung, the axed evidence leader in suspended Eskom executive Matshela Koko's disciplinary hearing, milked the power utility for more than R50,000 a day to present its case.
One of the invoices he submitted to Eskom, seen by the Sunday Times, totals R804,384 for work done between August 12 and 30.
Matsaung, who was admitted as an attorney in 2010, was billing Eskom R20,000 a day for himself and about R30,000 a day for an attorney, an advocate and a researcher.
The invoice reflects that Matsaung and his team worked 10 hours a day, seven days a week, between August 12 and 30.
If he continued to work at the same rate, this would mean Eskom would be billed R3.4-million for his services as of yesterday, when he was axed by the state utility following a heated altercation with a journalist on Friday night.
Koko is charged with failing to declare a conflict of interest in tenders awarded by Eskom to a company of which his stepdaughter was a director and shareholder. He allegedly influenced internal processes for tenders to be awarded to the company.
The hearing was scheduled to continue on Monday, but Eskom said yesterday announcing Matsaung's axing it would take at least three days to appoint a new case presenter.
A senior advocate, who did not want to be named, equated the amount charged an hour on the invoice to robbery and said it was "overkill for a disciplinary hearing, which is a pedestrian matter".
"Around R750 an hour for a junior attorney in a disciplinary inquiry is roughly correct, and that's being generous. Context is important, if it was a complex energy matter in court, R2,500 an hour would be feasible."Another senior attorney said that, for the resources Matsaung was making available - Matsaung himself, two other lawyers and a researcher - charging R50,000 a day was not unreasonable.
Matsaung yesterday disputed the R800,000 figure as inaccurate and said he had invoiced "far less than that".
"I still need to review my invoice, but I haven't been paid anything by Eskom yet."
The Sunday Times has further established that, prior to the fiery altercation between Matsaung and Financial Mail deputy editor Sikonathi Mantshantsha, Eskom executives had been calling for Matsaung's head.At least two executives raised concerns about Matsaung in e-mails sent to senior executives on Friday morning, bemoaning his unprofessional treatment of witnesses.
In the e-mails, which the Sunday Times has seen, the executives wrote that Matsaung's conduct created the perception that the hearing was designed to fail.
Acting head of legal Wawa Xaluva was asked on Thursday to intervene and for a new case presenter to be appointed.
A witness scheduled to testify at Koko's hearing had been asked to travel from Witbank only to be told to return the next day. In another incident, a witness was only given two hours' notice to attend the hearing.
The witness apparently refused and asked for more time to prepare. The treatment of the witnesses was cited to motivate for Matsaung's removal.Eskom declined to comment yesterday on the latest development and the board did not respond to questions.
CHARGES AGAINST MATSHELA KOKO
Suspended interim Eskom group chief executive Matshela Koko is facing six charges:..

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