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An explosive report from Eskom CEO Andre de Ruyter to the Eskom board reveals Eskom’s position regarding the unproven allegations of corruption, nepotism, and victimization orchestrated against COO Jan Oberholzer on social media and others platforms.
Eskom’s report dated August 24, 2020 was presented to the Eskom board by De Ruyter at a board meeting on August 31, 2020, and deals with seemingly orchestrated and ongoing suggestions from the EFF, the union federation SAFTU, Corruption Watch and other shady elements that have suggested Oberholzer’s corrupt and contentious relationship with Stefanutti Stocks, Black & Veatch and Aveng.
Eskom’s report also extensively addresses the unproven allegations by former Eskom CEO: coal and cleantech, Mark Chettiar, who was also the portfolio’s project manager for the disastrous Majuba rail project, and the new dam project. ash at the Camden Power Station, where there have been delays. caused the entire 1600 MW power plant to shut down for several months in late May 2020, causing at least one stage of load shedding in South Africa.
The Eskom report is the third investigation into alleged wrongful actions by COO Jan Oberholzer. These three investigations have cleared Oberholzer of wrongdoing, and this latest Eskom report clearly states:
“None of the investigations found any basis in the allegations of wrongdoing presented by Chettiar. It is recommended that the board endorse the actions of the chief operating officer for having been fair, transparent, procedural and professional in advocating and fulfilling his contractual mandate to serve the interests of his employer Eskom. “
In the report, Eskom’s CEO warns of an “emerging pattern of low performers defining themselves as whistleblowers when called to account, a trend that is totally at odds with the desired high performer culture Eskom is holding. trying to instill in their employees ”.
According to the Eskom report, Chettiar was absent due to illness on January 29, 2020 after being transferred after a transparent process from his position of Managing Director: Coal and Cleans at Eskom to a similar position of the same grade in the human resources department. by Eskom. This was said to be due to poor performance and a breakdown in the trust relationship due to unproven and false accusations he made in a complaint process against the COO.
Since then to date, Chettiar has not returned to work, nor has he complied with any work instructions, however, he continues to receive his full salary with benefits as general manager of Eskom, while pursuing a victimization complaint at the CCMA. Chettiar also faces a disciplinary hearing that was presented to him on January 20, 2020 due to “serious unfounded and unproven allegations against the chief operating officer.”
Through his lawyers, Chettiar has also attempted to claim a R41 million compensation package from Eskom, while at the same time presenting allegations of corruption, nepotism and victimization through various channels including EFF, SAFTU and Corruption Watch to the media. communication against Eskom. Director of Operations Jan Oberholzer.
The severance package presented through Chettiar’s attorneys would require Eskom to drop all disciplinary charges against Chettiar; all your legal costs will be paid by Eskom; all your medical expenses not covered by Eskom medical care; the total present value of its Eskom pension fund (estimated at R7 million) to be transferred to a conservation fund designated by Chettiar; Eskom will pay her full salary until she reaches retirement age in around 12 years (estimated at around 24 million rand); and a 10 million rand compensation to be paid by Eskom for the alleged damage to its reputation.
Documents seen by EE Business Intelligence indicate a number of alleged reasons and justifications for Chettiar for the above, including suggestions that despite his efforts, Chettiar is unable to find another job because he alleges that Eskom has damaged his reputation and caused him distress and physiological and emotional damage.
Meanwhile, Chettiar’s former position as Managing Director – Coal and Cleans at Eskom was filled by Naresh Singh, Managing Director – Africa Strategy, who was attached to the Coal and Cleans portfolio as of February 1, 2020. This, according to the Eskom report, was to ensure the stability and continuity of service in this department, and to manage and oversee the execution of critical projects in Chettiar’s old portfolio.
In further development, a landmark high court ruling on September 15, 2020 appears to vindicate Eskom COO Jan Oberholzer’s stance on a disputed rand 40 million payment to Aveng, and undermines suggestions from Chettiar that Oberholzer irregularly authorized this payment to Aveng.
According to the Eskom report, the payment of R40 million to Aveng had been authorized by Oberholzer on the recommendation of Chettiar, an official opinion of an outside legal firm, Edward Nathan Sonnenbergs (ENS), and after an independent arbitration agreement to Aveng’s favor in his dispute with Eskom.
Chettiar later claimed to the Zondo commission that it was a corrupt and irregular payment by Oberholzer. As a result, Eskom suspended payment pending the outcome of a court action by Aveng to enforce the arbitration decision.
The ruling now orders Eskom to pay Aveng the 40 million rand, plus interest on Aveng’s debt, plus the costs of Aveng’s legal action. Furthermore, the arbitrator has since ruled in favor of Aveng on claims that exceed another 16 million rand. Eskom CEO Andre de Ruyter commented on September 19, 2020 that “the court ruling has now vindicated the COO position on this matter.”
Impeccable sources indicate that the Eskom board supports the Eskom CEO and COO following the presentation of De Ruyter’s report at the board meeting on August 31, 2020, and that the report has since been delivered to the Minister of Public Enterprises , Pravin Gordhan.
When asked for comment and response to a series of questions from EE Business Intelligence stemming from the Eskom report and the higher court ruling, the minister responded through his spokesman Sam Mkokeli that the matter should be referred to Eskom’s board.
The Acting Chairman of the Eskom board, Prof. Malegapuru Makgoba, responded in turn that: “The board will respond at the appropriate time.”
When given the opportunity to respond, Mark Chettiar replied: “Please note that I am receiving legal advice on this matter and therefore I am not in a position to comment further.”
Chris Yelland is the managing director of EE Business Intelligence.
Report from Eskom CEO Andre de Ruyter
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