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Former head of legal and compliance affairs at Eskom Suzanne Daniels testifies at the state capture investigation in Johannesburg on September 15, 2020 (Photo by Gallo Images / Luba Lesolle)
Suzanne Daniels says Ajay Gupta planned to stall a court case over the payment of Eskom’s Brian Molefe’s Rand 30 million pension until Nkosazana Dlamini Zuma was in power. Daniels alleges that Duduzane Zuma and Ben Martins were present when Gupta’s older brother said so in 2017.
Suzanne Daniels, former director of legal and compliance affairs at Eskom, claims she met a “sloppy” Ajay Gupta in the presence of Jacob Zuma’s son, Duduzane Zuma, and others in late July 2017.
Testifying in the State’s Capture Investigation on Tuesday, Daniels described how Gupta looked “scruffy” to her as he was wearing an old T-shirt and tracksuit. “This man is sitting here and he thinks he owns the country, the way he was talking,” Daniels said.
Daniels said he feared for his life at the end of that meeting:
“Are they going to kill me?” she asked herself.
Daniels claims that Gupta’s wheel merchant Salim Essa introduced him to Gupta’s older brother, Ajay, in the presence of Duduzane Zuma, former transportation minister Ben Martins, and a woman whose name he cannot recall.
Banking in NDZ
Daniels said Ajay Gupta wanted details about the dispute over the payment of Eskom’s Brian Molefe’s rand 30 million pension. Daniels told Gupta about an upcoming case management meeting with the Deputy Chief Justice (DJP) office and scheduled for early August 2017.
“I think he was talking to the people in the room, you know? He just said this, you know, we would need to find someone in the DJP office to take this case out, ”Daniels testified.
Gupta reportedly announced that “this matter would be easier to deal with” when Nkosazana Dlamini Zuma “came to power” and this surprised Daniels. His skepticism about the Gupta family and their influence in South Africa waned. Daniels said, “This was it.”
No, Miss Daniels!
However, he was the subject of increasing rebuke from Supreme Court Vice President Raymond Zondo, even for agreeing to meet Essa in a Melrose Arch hotel lobby in July 2017. Zondo criticized Daniels for agreeing reuniting with Essa two years after a meeting that he said ended. its unhappy.
Daniels testified that he met Essa at his office at Melrose Arch in March 2015, when he predicted the suspension of four Eskom executives (more on that below). Leading evidence advocate Pule Seleka SC asked the obvious question about the meeting in the same area in 2017: “Why did you go?”
Daniels began, “Well, Mr. President. As I mentioned earlier, at this point I was morbidly curious. This was the same … ”
Zondo chimed in: “No, Miss Daniels. You couldn’t have gone there out of curiosity. No, you couldn’t. ”
The witness began: “Let me, let me explain …”
Zondo intervened again. “This is the man who told you in 2015 about the executives who said they would be suspended and you were surprised that he is not part of Eskom,” Zondo said. “And now you say that two years later, he calls you for a weekend, do you agree to go where he wants you to go because you are curious?”
His voice rose. “After offering 800 million rand to you, CORRUPTION! – You say he called you during a weekend, do you agree to go meet him because you are curious?
Daniels began, “I found it quite amazing that someone I had rejected so outright …”
“Sorry?” Zondo interrupted abruptly.
The witness repeated her point. Zondo was outraged: “You shouldn’t want to TALK to that person after that, Ms. Daniels. You shouldn’t want to take her calls after she offered you R800 million for doing something wrong. ”
Zondo further berated Daniels, saying that after what happened in 2015 she should not have taken Essa’s calls, and should have blocked her number.
“So what are you doing wanting to meet him for a weekend?” Zondo paused. “Out of curiosity?”
Ignite my anger
Several times during the day’s procedures, Daniels drew Zondo’s ire. His body language, tone of voice and speech demonstrated his growing reservations regarding significant parts of his evidence.
At first, Zondo asked Daniels questions about a claim he made about Essa. Daniels testified that she met Essa on March 10, 2015 after Matshela Koko, then an Eskom executive, met her at JB Rivers in Melrose Arch.
Daniels claims that Koko took her to a nearby office block where, upon reaching a reception area, she was asked to hand over her cell phone. They waited in a boardroom, he said.
Then this gentleman comes in, introduces himself to me as Salim Essa and [says] who is the minister’s advisor [of Public Enterprises Lynne] Brown, ”Daniels testified.
He said Essa sought his opinion on how to suspend Eskom executives and predicted that four executives, including Koko, would be suspended. Koko was unfazed, said Daniels, who reported that she was not happy to meet Essa.
Seleka streamed Koko’s version, in which she met Daniels at JB Rivers in Melrose Arch and they stayed at the restaurant to discuss a work matter. “With respect, Mr. President, Matshela Koko is lying,” Daniels replied. “He definitely didn’t ask me for advice on an impending suspension.”
Zondo objected to Daniels’ version, in which Essa predicted executives would face a suspension followed by an investigation. She lobbied Daniels on why this important information was absent from her investigation affidavit.
Money bags
Seleka tried to establish why Koko would have selected Daniels to attend a meeting with Essa in 2015. In other words, was Daniels a trusted ally of the captors in Eskom or a puppet in a much larger scheme, as he has tried to describe herself since she blew the whistle?
“I just urge you to look at the Gupta’s modus operandi. They didn’t offer me bags of cash. I was not entertained at the Saxonwold residence. I was not in Dubai with the generosity of the Guptas. He was certainly not a member of the Oberoi club, ”Daniels said.
However, later Daniels testified that he was offered a bribe. She claims that Essa approached her in a gasoline garage near Eskom’s Megawatt Park headquarters in 2017 and offered her 800 million rand to help Koko (then suspended) return as Eskom CEO.
That same day, Daniels said, during a telephone meeting, he presented the findings about Koko’s conduct to Eskom’s audit and risk committee. She argued against Koko’s return.
Say your price
After leaving Megawatt Park, Daniels pulled into a nearby gas garage and noticed a black Maserati pull up. It was Essa, Daniels said, who relayed her comments verbatim during the phone meeting. He asked her why she didn’t support Koko’s return.
“The next minute he said, ‘I’ll offer you 800 million rand if you help us and we’ll do what you say,'” Daniels said. “I looked at him and said, ‘Don’t be ridiculous.’ And I actually scoffed and laughed. “Daniels claims he then got into his car and drove off.
Daniels provided the investigation with valuable information on Eskom’s affairs during a torrid time of illegality and near absence of government. His testimony has revealed his own guilt and his motives have understandably come under scrutiny.
While he advertised himself as brave in some quarters, an investigation into his conduct at Eskom found Daniels guilty on three counts. She was fired from Eskom in 2018, after several months of suspension. Daniels’ appearance against Zondo demonstrates the risks and complexities involved in blowing the whistle. DM
