Untruths about Eskom investigation make red lights flicker

2 June 2015

An investigation by the FF Plus has revealed that the FF Plus has received contradictory information regarding Dentons, the legal firm which had received R22 million to undertake an investigation into Eskom within three months.

Adv. Anton Alberts, the FF Plus’ parliamentary spokesperson on Energy, says he has already expressed his doubts regarding the fact that the investigation, which would require underlying applicable technical and engineering knowledge as well as financial expertise, will be done by a legal firm.

In one of many questions about the investigation that Adv. Alberts had asked the minister of public enterprises, Lynne Brown, on 20 March of this year and through which he attempted to establish the impartiality of the investigation, the minister denied that the company had any prior existing relationship with Eskom.

On Dentons’ website however, the company openly boasts that it had done work for Eskom previously (see extracts below).

The question of Adv. Alberts asked “what measures are in place to ensure that the investigation is conducted independently and impartially?”

The reply stated that “The attorneys have not done any work for Eskom previously and do not have a prior existing relationship with Eskom”.

Adv. Alberts said it is clear that the issue is highly irregular.

“This isn’t an ordinary instruction which Dentons had received from Eskom. Dentons has been asked to do a probing investigation with the possibility of the process leading to senior heads rolling.

“Now it appears that some of these senior heads had previously possibly given Dentons work in the past and had possibly also now seen to it that the work has now again been given to the company. To top it all, Eskom will itself oversee the expensive investigation.

“It is appears that there is an improper relationship between Eskom and Dentons in terms of the investigation. The FF plus will do everything within its ability to see to it that the investigation is done by an independent body, such as the Public Protector, which we have been proposing the whole time.

The FF Plus has now requested the minster in a parliamentary question to clarify the possible irregularities. We are of the opinion that it is merely a very expensive cover-up attempt to mislead the public,” Adv. Alberts says.

Statement issued by Adv. Anton Alberts, FF Plus parliamentary spokesperson: Energy, June 2 2015

Extracts from the Denton website:

1. "We have advised some of the most trusted brands and leaders in their respective industries including Addax Petroleum, Alexkor SOC LTD, Engen Petroleum, Eskom Ltd, The Central Energy Fund, Old Mutual, The Strategic Fuel Fund and Total."

2. "Zithu Twala is a Litigation partner at Dentons and one of KapdiTwala's [now Dentons] founding partners. Prior to founding KapdiTwala in 2011, he started his career as a State Prosecutor over a decade ago before moving on to become a director in one of the largest firms in Southern Africa. He has represented and some of the largest State owned enterprises in South Africa as well as private enterprises, spanning a range of industries from oil and gas to media, broadcasting and insolvency....

Experience

Eskom: Providing general commercial and civil litigation advice...."

ENDS