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Suzanne Daniels said that while Matshela Koko directed her to draft a board resolution to prepay the Optimum Coal Mine R1.68 billion, he did not specifically say ‘issue a guarantee’, however it was ultimately done. .
JOHANNESBURG – Suzanne Daniels, Eskom’s former chief legal and compliance officer, said former CEO of the utility, Matshela Koko, was misleading the state capture commission when she said she believed the controversial email, with the name of “businessman”, belonged to the chairman of the board of directors Ben Ngubane.
Daniels said that it was also not true that he told Koko that the email belonged to Ngubane.
READ: Koko was ‘shocked’ to find out the email address she thought was Ngubane’s and Essa’s
She had been testifying at the state capture commission remotely from an undisclosed location on Friday, but the commission said her affidavit was certified by the South African Consulate in Los Angeles in the United States.
“My instruction regarding the guarantee came from Mr. Koko.”
Daniels said that while Koko asked him to draft a board resolution to prepay the Optimum Coal Mine R1.68 billion coal mine, he did not specifically say ‘issue a guarantee’, but it was ultimately done.
And for that, Supreme Court Vice President Raymond Zondo blames the board.
“It seems to me that the board cannot complain or blame officials for issuing a guarantee in circumstances where they had been authorized to pay even in cash.”
Daniels said he now knew the idea for a guarantee came from outside an email called an “entrepreneur” linked to Gupta’s associate, Salim Essa.
Koko denied knowing this, but Daniels maintained that she did.
Zondo asked, “Did you say that he told you that the ‘businessman’ was the chairman of the board, Dr. Ngubane?”
Daniels responded that: “Without a chairman, Mr. Koko is trying to mislead the commission. At no point did I tell him that the address of the ‘businessman’ belongs to Mr. Ngubane. “
Former board members told the commission that they believed they were approving an advance payment to Optimum Coal Mine which is still owned by Glencore, but it appears that the energy company was paying the proposed owners – Gupta-linked Tegeta.
WATCH: Former Eskom Chief Legal Officer Suzanne Daniels testifies before Zondo
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