The Special Investigating Unit (SIU) welcomes the Special Tribunal judgment declaring R11 million held in the bank account of Thephunokheja Projects (PTY) Ltd, a company linked to suspended Eskom senior manager, forfeited to the State. The funds were deemed to be nothing but proceeds of unlawful activities by the Special Tribunal.

The SIU approached the Special Tribunal for forfeiture of the funds after it received allegations from a whistle-blower that Petrus Mazibuko, Senior Manager: Coal Operations at Eskom was receiving unauthorized gratification from two Eskom suppliers, Commodity Logistix Managers Africa and Thembathlo Pty Ltd, through a bank account held by Thephunokhetja Projects. SIU investigation revealed that the only source of income into the account is from the two Eskom suppliers.

Furthermore, SIU investigation uncovered no evidence that could point to a proposition that Thephunokhetja Projects rendered services or was legally entitled to claim for goods or services rendered to either Commodity Logistix Managers Africa and Thembathlo Pty Ltd. In its 4 October 2021, the Special Tribunal found that Petrus Mazibuko, and his brother Shadrak Mazibuko together with Thephunokheja Projects have contravened section 3 of the Prevention and Combating of Corrupt Activities Act 2004 by accepting gratification from Eskom suppliers for their benefit in order to influence unjust result. Petrus and Shadrack Mazibuko are the directors of Thephunokheja Projects.

The Special Tribunal also found that the conduct of Patrick Mazibuko was in contravention of section 17(1) of the Prevention and Combating of Corrupt Activities Act 2004, in that he, as a public official who acquired or holds a private interest in any contract, agreement or investment emanating from or connected with the public body. The parties were also ordered to pay costs of the hearing, including the costs of Senior Counsel.

The SIU was, in terms of Proclamation R11 of 2018, directed by the President to investigate allegations of corruption, malpractice and maladministration in the procurement of or contracting for services by Eskom and payments that were made in respect thereof. SIU investigations in the affairs of Eskom are continuing.

Source: Government of South Africa

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