NPA and Eskom commit to collaborate on state capture cases

5 May 2022

Today the National Director of Public Prosecutions, Adv Shamila Batohi and her top leadership team met with the CEO of Eskom, Mr André de Ruyter and members of his executive team, at the NPA head office. The meeting was arranged to discuss appropriate collaboration on state capture cases and other organised crimes against Eskom. Holding to account those most responsible is a priority for both entities, considering the devastating impact these crimes are having on SA’s development and economic prospects, and which disproportionately affect the poor and the vulnerable.

The NPA and Eskom agreed to enhance existing collaboration, to ensure the most effective coordinated responses to serious crimes, including those stemming from the State Capture Commission of Inquiry. This includes increasing the sharing of information and high-level and operational coordination while protecting the NPA’s independence and mandate. Where possible, the NPA and its Investigating Directorate (ID) will engage appropriately with Eskom investigators and legal experts to support its efforts to ensure accountability for alleged perpetrators, especially in complex and seminal cases.

The two entities also agreed to continue to cooperate on top law enforcement coordination structures that focus on other crimes like cable theft and damage to essential infrastructure which seriously hamper the daily operations at Eskom and other state-owned entities.

There is an appreciation by the NPA and Eskom for the urgency in dealing with all the crimes negatively impacting Eskom’s ability to deliver on its key task to provide stable and sustainable electricity to drive SA’s wellbeing and economic growth prospects. The NPA has made important progress on seminal cases impacting various SOEs, including Eskom.

The NPA has committed to enrolling these cases in the coming months. Impunity for these crimes committed against the people is no longer an option.

Eskom commits to be readily available and to continue providing all assistance required to successfully prosecute these crimes against the people of South Africa.

Issued by Eskom, 5 May 2022