Court dismisses Masango and Trindade applications to compel state for further disclosure in R745 Eskom Kusile matter

26 July 2023

The Palm Ridge Specialised Commercial Crimes Court dismissed two applications brought by former Eskom Group Executive for Group Capital Division Abram Masango and CEO of Tubular Construction, Antonio Trindade. The first application was brought by Trindade for access to the B and C section of the case docket. The second was brought by Masango under section 87 of the Criminal Procedure Act, to compel the state to provide further and better particulars.

Magistrate Philip Venter, when handing judgment, remarked that the charge sheet and the preamble read like a well written fact book. The request for further and better particulars amounts to an abuse of process and subsequently, dismissed the application. Trindade's application was subsequently dismissed in relation to the B section. The state, which had in argument agreed to provide the C section of the case docket, was ordered to continue granting access to the C section until the accused plead.

The dismissal is in relation to two interlocutory applications brought in the Eskom Kusile’s R745m case that were argued in May and June 2023. The matter has also been postponed to 08 September as a provisional date. The other accused in the matter are former Eskom Contracts Manager, France Hlakudi, businessman Maphoko Kgomoeswana and seven other companies.

They face charges of fraud, corruption and money laundering. The allegations stem from their various roles in defrauding Eskom in Mpumalanga Kusile Power Station, a contract initially valued at R745m between 2014 and 2017.

Issued by Sindisiwe Seboka, Investigating Directorate Spokesperson, 26 July 2023