UPDATE | Scopa to investigate allegations against Eskom’s De Ruyter by suspended procurement chief



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Chairman of the Standing Committee of Public Accounts, Mkhuleko Hlengwa.

Chairman of the Standing Committee of Public Accounts, Mkhuleko Hlengwa.

  • The Standing Committee on Public Accounts (Scopa) plans to investigate complaints made against Eskom’s CEO And rede Ruyter by suspended director of acquisitions Solly Tshitangano.
  • On Wednesday, the committee issued a statement indicating that it will proceed with an investigation into the allegations raised after a meeting.
  • Scopa members had received a letter from Tshitangano on Tuesday containing the allegations against De Ruyter.

The Standing Committee on Public Accounts (Scopa) plans to investigate complaints made against Eskom’s CEO And rede Ruyter by suspended director of acquisitions Solly Tshitangano.

On Wednesday, the committee issued a statement indicating that it will proceed with an investigation into the allegations raised after a meeting. Earlier, Scopa Chairman Mkhuleko Hlengwa said that legal advice will be sought on the structure of such an investigation, as Eskom itself has submitted its own internal investigation.

“The committee will investigate the very serious allegations made against Eskom’s Group Chief Executive Officer (GCEO) specifically, as well as procurement and contract management in general. The GCEO will be given the opportunity to respond to those allegations,” Scopa said in a sentence.

Scopa members had received a letter from Tshitangano on Tuesday containing the allegations against De Ruyter.

As a result, the committee decided not to proceed with a meeting scheduled for Wednesday, in which Eskom officials and the board were to brief it on the energy company’s annual report for 2019/20, an update on probes conducted by the Special Investigation Unit. (SIU) and deviations and extensions related to the procurement processes for the year 2020/21.

The committee learned that Tshitangano had been suspended, and a number of issues to be investigated required Tshitangano to provide answers.

Speaking on the matter, Eskom’s board chairman Professor Malegapuru Makgoba said that following his suspension, a disciplinary investigation, through an independent process, will be carried out on the matter, which has been dragging on for more than a year. According to Makgoba, Tshitangano had written both to him, to the office of the president and to that of the Minister of Public Enterprises, Pravin Gordhan.

He asked the committee to observe the internal process and allow results to be achieved so that Eskom can report back to members of Parliament at a later stage.

“My suggestion to the committee is to let Eskom’s internal process run its course and [we can] go back to the committee to give a full interpretation and answer on what has happened, “he said. He assured that Eskom was following the proper complaint procedures.

Committee members were divided on how to proceed with the meeting. DA MP Benedicta van Minnen expressed concern that the subject of the letter was a distraction from the work Scopa was supposed to do, as the briefing with Eskom had long been scheduled. Although the EFF deputy, Veronica Mente, was of the opinion that since the meeting touches on procurement issues, it could not continue without the presence of the procurement director.

Gordhan, who was present, disagreed with the fact that arrangements had been made for him and others to attend the meeting, and that it would be a waste not to continue.

Gordhan said the topics to be brought before the committee go beyond acquisitions-related expansions and diversions, but include the annual report. He explained that the senior executive was available to answer questions about the annual report. He added that with the suspension of the CPO, Tshitangano “does not have any status with Eskom at this time.” This means that “the board and the executive must decide who will be responsible for the procurement area to respond to inquiries.”

Treated with ‘caution and legal sensitivity’

However, Hlengwa opined that since the matter relates to public accounts, it should be treated with the “caution and legal sensitivity” it deserves, you cannot ask just anyone for explanations.

He said the issues raised in the letter were “substantive” enough to require the committee’s attention, and Eskom must provide clarity so that the committee can respond appropriately.

He said Scopa noted that the problems between Tshitangano and De Ruyter had been reported in the media. TimesLIVE in February had reported that there were tensions between the two. However, the fact that the letter was presented to the committee in which one chief makes accusations against another meant that he had to investigate further. “It’s a different ball game when the issues come up to us,” he said.

Hlengwa said it took the committee’s own investigation in meeting with Eskom officials last week to discover that Tshitangano had been suspended. “The lack of frankness (sic) is problematic,” he said. “We are now laden with accusations before us against the CEO,” he said.

Hlengwa said Scopa will seek legal advice on how to organize an investigative investigation by the committee on the issue, noting that Eskom had its own independent process on the matter.

“I don’t think we can proceed without addressing the letter when allegations are made against the chief executive and made by the CPO,” he added. “The seniority of the two people in the organization with such a large budget and one of such national strategic importance; once we receive the problems, we must take care of them.”

Hlengwa said De Ruyter should be allowed to respond to the allegations, but that the processes should be fair to both De Ruyter and Tshitangano. Once the committee receives legal guidance on the structure to investigate the matter, it will schedule how to move forward, he said. If necessary, Tshitangano will be subpoenaed if he responds “negatively” to such a process, Hlengwa said.

He added that the letter Scopa received will also be shared with De Ruyter and Eskom’s department and board.

* The article was updated at 3:53 p.m. on March 3, 2021 to indicate that the committee intends to launch an investigation into the allegations made against De Ruyter.

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