04 Sep 2024

The Special Investigating Unit is set to investigate Eskom Holdings SOC Limited.

Proclamation 178 was published in Government Gazette 51131 in terms of the Special Investigating Units and Special Tribunals Act of 1996.

The investigation will focus primarily on the period between 1 March 2006 and the date of publication of the proclamation.

Under the microscope will be the procurement of and contracting for coal from Tegeta Exploration and Resources (Pty) Limited for coal supplied by Optimum Coal Mine (Pty) Limited and the Brakfontein Colliery Mine; and various services including information technology services in terms of a master services agreement concluded with T Systems International GmbH; information technology services related to software licence and support agreements concluded with SAP South Africa (Pty) Limited; services in respect of Task Order SM008 for “capital scrubbing”; security services from Combined Private Investigations (Pty) Limited, with registration number 2021/838939/07; forensic investigation services from Kapditwala Incorporated trading as Dentons South Africa; and information technology services from Cutting Edge Commerce (Pty) Limited, with registration number 2004/005321/07, (formerly Leonardo Business Consulting).

The SIU is also tasked with investigating alleged serious maladministration in connection with the affairs of Eskom relating to a pre-payment by Eskom of approximately R1.68 billion for coal from Optimum Coal Mine to Hendrina Power Station, which pre-payment was later changed to a guarantee; and alleged serious maladministration in connection with the affairs of Eskom relating to a pre-payment by Eskom of approximately R659 million to Tegeta Exploration and Resources (Pty) Limited.

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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)