Wednesday, 15 April 2020: After a
series of allegations of corruption, dishonesty, conflict of interest and abuse
of power were levelled by an employee against Eskom’s Chief Operating Officer
(COO) in both the media and to some civil society organisations in March this
year, the Eskom board appointed an external Senior Counsel to conduct an
investigation into the allegations and to advise the board and the Group Chief
Executive Officer on the way forward.
The Senior Counsel was entitled to interview any
person, to review any documentation, including documentation provided by any
Eskom employees and third parties that he deemed appropriate for the purposes
of the investigation. The Senior Counsel commenced his investigation from 20
March 2020 and his report was submitted to the Board on 4 April 2020.
In his Terms of Reference, among others, the Senior
Counsel was briefed specifically to investigate:
The Senior Counsel conducted his investigation by
interviewing witnesses and reviewing the information and documentary evidence
provided by the witnesses, including the complainant and other Eskom officials.
On 04 April 2020 the Senior Counsel submitted his
findings to Eskom and the board has considered the findings.
The Senior
Counsel has found no basis to the allegations of dishonesty, corruption,
conflict of interest and abuse of power levelled against the COO. With regard
to the allegations of a conflict of interest regarding Stefanutti Stocks, the
Senior Counsel found that proper disclosure had been made of Mr Oberholzer’s
shareholding in Stefanutti Stocks, and that “this is not a matter in which he
should face a disciplinary hearing”.
In
considering the Black and Veatch contract, the Senior Counsel could “find no
fault or other improper conduct on the part of Mr Oberholzer insofar as this
transaction is concerned.”
With
reference to the transfer of the alleged whistle-blower, the investigation
could “find no wrongdoing in the process followed by Mr Oberholzer in this
regard.” While the investigation found that the relationship between Mr
Oberholzer and the employee who made allegations of victimisation had been
characterised by tension, the Senior Counsel did “not find that there was
victimisation or that any further legal processes should follow”.
Eskom is defending a claim of R42 million against
Aveng, which is scheduled to be argued in the South Gauteng High Court during
May 2020. The Board will therefore await the outcome of these proceedings
before deciding whether there is a need for any disciplinary action against any
employee.
On all the other
allegations against Mr Oberholzer that were put before the Senior Counsel, the Board is satisfied that these have been fully and adequately ventilated and
investigated, and that there is no cause for any action against Mr
Oberholzer. The Board is committed to the highest principles of ethics
and good corporate governance, and will investigate any and all allegations
made against any Eskom employee, regardless of their position or
seniority.
ENDS