National Prosecuting Authority confident of re-enrollment of Kusile Eskom matter

22 November 2023

The NPA is confident of re-enrollment of the Kusile Eskom matter as soon as outstanding aspects of investigations are completed

The NPA’s Investigating Directorate (ID) is confident that the Eskom Kusile R2.2 billion matter will be re-enrolled as soon as outstanding aspects of the investigation are completed. This follows the decision by the Middelburg Specialised Commercial Crimes Court, that the matter be struck off the roll, because of what the Court considered to be an unreasonable delay in the completion of the investigation, subsequent to an inquiry in terms of section 342A of the Criminal Procedure Act.

It should be noted that this decision is not tantamount to an acquittal or withdrawal of the charges. The ID will continue investigating the case in line with the original case strategy that it developed for this complex matter.

The issues raised by the court have been noted.   The delays were not anticipated at the time of the arrest of the accused; due to the complex nature of the case, the extent and the sheer volume, and the digital nature, of the evidence seized, in particular subsequent to the arrest and enrolment. Work on the compilation of the outstanding reports is ongoing. The ID will re-apply for the matter to be re-enrolled within a reasonable period of time, and as soon as the outstanding aspects of the investigation have been completed.

Issued by Sindisiwe Seboka, Investigating Directorate Spokesperson, 22 November 2023