DA lays criminal charges against Brian Molefe

17 November 2016

The DA has today laid criminal charges against Eskom CEO, Brian Molefe, based on the prima facie evidence contained in the Public Protector’s report, State of Capture..

The affidavit filed this morning concerns possible criminal and/or statutory offences committed in terms of the Public Finance Management Act (PFMA), Act 1 of 1999, the Prevention and Combating of Corrupt Activities Act (PACCA), Act 12 of 2004 and the Powers Privileges and Immunities of Parliament and Provincial Legislatures Act, Act 4 of 2004.

For too long people in positions of power have been given free rein to abuse public money with impunity.

The PP’s report details the close relationship between Mr Molefe and how key decisions were taken by Molefe, as the head of Eskom, for the ultimate benefit of the Gupta’s and at the expense of the people of South Africa.

It appears that Mr Molefe has violated procurement procedures prescribed in key legislation regulating the conduct of executive members of state-owned institutions (SOE) as well as a failure to curb corruption in the use of public funds.

The affidavit also sets out possible criminal offences in terms of the Prevention and Combating of Corrupt Activities Act,  specifically:

- Mr. Molefe’s relationship with Ajay Gupta and his family, and with the directors of Gupta-owned Tegeta, as well as his role in the awarding of contracts to Tegeta and other companies linked to the Gupta family.

Furthermore it must be determined whether or not any offence has been committed in terms of section 50 of the PFMA, or in terms of any other relevant laws which pertain to the use of state procurement in order to benefit the ANC and associated individuals as illegal.

The DA will not stand by while state machinery and money is used to benefit a small Zuma-aligned political click.

These charges are a first important step in making sure that Brain Molefe is the first of many that will be held accountable for the blatant abuse of power for narrow financial gain.

Corruption steals opportunities,damages our economy, and hinders service delivery. The DA will not rest until this matter is fully investigated and action is taken against all those found guilty.

Issued by Natasha Mazzone, DA Shadow Minister of Public Enterprises, 17 November 2016