BOSA opens criminal case legally compelling Andre De Ruyter and Pravin Gordhan to divulge all on Eskom looting

Note to editors: the following statement was delivered today by Build One South Africa (BOSA) Leader. Mmusi Maimane, outside the Cape Town Central Police Station. A copy of the affidavit can be found here.

Introduction

Today Build One South African (BOSA) formally opens a criminal case with the South African Police Service (SAPS) to ensure the immoral and corrupt politicians siphoning money out of Eskom for themselves are investigated, prosecuted and, when found guilty, sentenced to prison.

The explosive allegations by outgoing Eskom CEO. Andre De Ruyter, last week on a television programme, act as prima facie evidence of corruption at Eskom implicating government. the ANC and power individuals connected thereto.

What South Africans want to see is swift action in investigating. prosecuting and imprisoning these looters. That is what BOSA seeks to initiate today.

Andre De Ruyter

Mr. De Ruyter has disclosed that. whilst in the course and scope of his position of authority at Eskom, he had personal knowledge of various streams of evidence that prove corruption. theft and fraud from both within, and outside of, Eskom.

We are asking the SAPS to investigate these allegations by Mr De Ruyter. the first step of which is to obtain an affidavit under oath from De Ruyter to confirm the following:

1.   The identity of the high-ranking ANC politician

2.   The identity of the Cabinet Minister

3.   Whether De Ruyter complied with his obligations under Section 34(2) of PRECCA in respect of the high-ranking ANC politician

4.   Whether De Ruyter complied with his obligations under Section 34(2) of PRECCA in respect of the Cabinet Minister

Section 34(1) of the Prevention and Combating of Corrupt Activities Act (PRECCA) requires any person who holds a position of authority. who knows or ought reasonably to have known or suspected that any other person has committed an offence of corruption in terms of sections the Act involving an amount of R100 000.00 or more, must report such knowledge or suspicion to the police.

If he has reported this knowledge of corruption to the police, he and the SAPS would have proof of reporting.

The reporting guide as published by the SAPS. refers to the Directions as published in the Government Gazette No. 35949 on 7 December 2012 under 1028. Importantly the reporting guide refers to an Annexure B as proof of reporting.

De Ruyter has stated in the television interview that he acknowledges his obligation to report all such crimes by law. If indeed he has done so. then he would have the "receipt" envisaged by the reporting guides of the SAPS to prove that he has done so.

Pravin Gordhan

Secondly. various reports now allege that Pravin Gordhan as Minister of Public Enterprises was informed by De Ruyter of the corrupt dealings and individuals implicated. Therefore, it is incumbent on SAPS to obtain a sworn affidavit from Mr Gordhan confirming the following:

1.   Whether he in fact was informed by Mr De Ruyter

2.   When he was informed by Mr De Ruyter

3.   Whether he raised it in Cabinet, or with the President

4.   What transpired from there, if anything

5.   Whether he reported it to the police in terms of PRECCA

Cyril Ramaphosa

Finally, President Ramaphosa is not off the hook. It must be ascertained what he knew about this matter and what he did about it. De Ruyter was clear in saying he took the matter up with the President's advisor. I have already written to President Ramaphosa, asking him the following questions:

1.   Whether his advisor informed him of these allegations

2.   When he was informed

3.   What action he took after being informed

We await the President's response to this. and urge him to break with his usual posture of staying "hands off" and passing responsibility to others.

Conclusion

What the state capture saga has shown citizens is the authorities' resistance to acting against known perpetrators and criminals masquerading as political leaders and public representatives. They have the names and the dirty deeds. but the dockets sit gathering dust.

Due to the nature of Eskom and its threat to the country's stability, it cannot be business as usual. The SAPS must move with haste in order to stop the looting which has the risk of literally plundering our country into total darkness

Statements issued by Mmusi Maimane, Bosa national leader, 27 February 2023