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By Staff Reporter 
7h ago
Former Eskom executive Matshela Koko has raised concerns with the Zondo Commission’s legal team and investigators whom he accused of failing to go to investigate the wrongdoing and corruption that he has pointed out to them.
Koko made the accusations in a letter that her attorneys Ndou Incorporated Attorneys wrote to the chairman of the commission, Supreme Court Vice President Raymond Zondo.
The former Eskom boss, who has been pointed out by some witnesses, testified before the commission this week on Thursday.
In their letter, Ndou’s lawyers said that Koko has concerns about aspects of the commission’s procedures and investigations.
They said there is no right to cross-examine witnesses before the commission, except with the permission of the president.
The legal team had the right to ask interesting questions and questions aimed at attacking the veracity of the witnesses.
“The nature of the proceedings before you is not contentious,” Ndou’s attorneys wrote.
“However, the procedures have largely evolved to resemble a contradictory litigation process with all the trappings of courtroom trial proceedings.
“In this process the legal team of the commission acts and is essentially the dominus litis.”
They also said that the commission’s investigators sought affidavits from individuals who may have knowledge of alleged cases of conduct that fall within the Commission’s terms of reference.
“The witnesses are then subjected to questioning by members of the Commission’s Legal Team … Such questioning is and has proven to be cross-examination.”
Ndou’s lawyers also stated that the witnesses could only be directed by their own legal representatives in the re-examination.
“Consequently, witnesses are kept within narrow limits governed by the subject (s) with respect to whom, under the authority of directives, they have been required to provide information to the Commission.”
The law firm accused the legal team and investigators of setting and controlling the schedule of events before the commission.
“Given the broad mandate of the Commission, the methodology adopted is understandable and not necessarily unreasonable or unfair to witnesses.
“However, according to our client’s perception, it is inevitable that under this methodology the Commission’s Legal Team and the investigators develop a ‘theory of the case'”
The lawyer told Zondo that the Special Investigation Unit, on behalf of Eskom and in his own name, has initiated actions against 12 people of various kinds on the basis of an alleged conspiracy between them and several other named persons.
“It is quite evident to any reasonable and informed observer of the proceedings before the Commission to date, which includes our client, that the Commission’s Legal Team and investigators have accepted the theory of the case as set forth in the subpoena from Eskom / SIU and they are chasing if before you. “
They said that after Koko’s affidavits were delivered to the commission, investigators came out and obtained affidavits from witnesses who have already testified in the process to contradict aspects of the events that he has denounced.
“From the discussions we had with Seleka and others on November 17, 2020, it became very apparent that they have no interest and do not intend to seek evidence that can confirm our client’s version of events. Their theory of the case demands what otherwise. “
They alleged that the facts raised by Koko were followed “simply because they are not interested in obtaining or presenting evidence to confirm their version of the facts.”
Ndou’s lawyers said that Koko has been the target of a relentless media attack since 2017, after he, in his capacity as Acting Executive Director of the Eskom Group, took steps to prosecute the perpetrators of bribery and corruption in connection with the Kusile and Medupi projects from Eskom. .
“You are looking for a fair opportunity to present your case and clear your name before the Commission.
“At first glance, the Commission Legal Team and investigators in Eskom’s workflow simply intend to go after Mr. Koko because without their involvement, the fantastic conspiracy they apparently believe in fails.”
They charged that the legal team and investigators also failed to provide information or conduct an investigation that would help Koko to demonstrate that he was not a party to any of the behaviors mentioned in the Commission’s terms of reference related to Eskom.
“It is evident that the Legal Team of the Commission and the investigators have not set out to investigate and report to the Commission, among others, the instances of irregularity and corruption, referred to above, of which they have or should have knowledge. This requires for be explained to and by the Commission, “the letter to Zondo reads.
Political Bureau
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