Defend Truth

PARLIAMENT

SAPS knew of private Eskom corruption probe while significant portions of De Ruyter statements corroborated

SAPS knew of private Eskom corruption probe while significant portions of De Ruyter statements corroborated
Police Minister Bheki Cele and his deputy Cassius Mathale, SAPS National Commissioner Fanie Masemola, SIU head Andy Mothibi and Hawks head Godfrey Lebeya appeared before Scopa in Parliament after allegations were made by former Eskom CEO André de Ruyter about politically connected cartels looting Eskom. (Photo: Xasbiso Mkhabela)

The top echelons of the SA Police Service already knew in July 2022 of the private intelligence-driven investigations at Eskom. This emerged after three hours of persistent questioning by lawmakers. On Tuesday, significant portions of former Eskom CEO André de Ruyter’s controversial public statements were corroborated.

Two immediate take-outs emerge from Tuesday’s Standing Committee on Public Accounts (Scopa) proceedings: one, officials have become accustomed to accountability to Parliament being a PowerPoint presentation; and two, the SA Police Service (SAPS) and Hawks seemed to take a political line in dismissing the cartel corruption claims made by ex-Eskom CEO André de Ruyter in an e.tv interview, and later in statements to Scopa.

Controversy erupted when De Ruyter talked of the involvement of unnamed “high-level politicians” of the governing ANC in organised crime and corruption that bleeds more than R1-billion a month from Eskom.

Within days he departed from the power utility – some five weeks earlier than agreed in his resignation of December 2022. The fallout also cost him the public backing of Public Enterprises Minister Pravin Gordhan, under whose umbrella Eskom falls.

And, the ANC is suing De Ruyter over his comments.

Downplayed

On Tuesday, it seemed the SAPS and Hawks took their cue from their political bosses to downplay De Ruyter’s statements on organised crime at Eskom, informing top law enforcement agencies about this while also reporting cartel conduct involving at least R100,000 as required in Section 34 of the Prevention and Combating of Organised Activities Act (Precca).

Hawks head Godfrey Lebeya at Scopa in Parliament on Tuesday. (Photo:Xasbiso Mkhabela)

Hawks boss Lieutenant-General Godfrey Lebeya repeatedly told Scopa they received a statement from De Ruyter only a day before his appearance before Scopa in late April, and it remained to be “tested” to see if it complied with Precca requirements, including a so-called prescribed form.

SAPS national commissioner Lieutenant-General Fannie Masemola confirmed the 4 June and 5 July 2022 meetings involving De Ruyter, while repeatedly telling MPs nothing specific was brought to the table. 

scopa masemola

SAPS National Commissioner Fannie Masemola appeared before Scopa in Parliament on Tuesday. (Photo:Xasbiso Mkhabela)

But lawmakers’ persistent questions across the party political divide, and their clearly stated dissatisfaction about police responses, shifted the meeting from official fudginess to actual detail.

“I became aware there is a private investigator that is involved. Not intelligence…” responded Masemola in an exchange with Scopa chairperson IFP MP Mkhuleko Hlengwa, saying this had been “recently” – before settling on July 2022. 

scopa hlengwa

Scopa chairperson Mkhuleko Hlengwa. (Photo:Xasbiso Mkhabela)

It was the response to direct questions from DA MP Alf Lees about what exactly was reported to the national commissioner by Brigadier Jaap Burger who Masemola appointed as liaison, as De Ruyter told Scopa on 26 April, although he kept mum on the name, saying it was up to the police to disclose that.

Read more in Daily Maverick: Tight-lipped De Ruyter rejects ANC claims of Eskom corruption inaction — points to Gordhan, Mufamadi for answers

Read more in Daily Maverick: Gordhan and Mufamadi to brief MPs on corruption at Eskom after De Ruyter refuses to name names

According to Masemola, it had been enough for him to learn from the brigadier that matters raised by De Ruyter were already under investigation by the Hawks, and later also by the Investigating Directorate of the National Prosecuting Authority.

scopa mothibi

SIU head Andy Mothibi. (Photo:Xasbiso Mkhabela)

But around this time in mid-2022, the SAPS established a centralised team including the uniform branch, special forces and investigators from both the SAPS and Hawks. Eventually, it based itself at Megawatt Park, Eskom’s head offices in Johannesburg.

Clearly, two-way communication existed between the SAPS and Eskom. It was only this feedback that would have made it possible for De Ruyter to tell Scopa on 26 April of 43 arrests and “raids on black sites”.  

To De Ruyter, such action was proof that reaching out directly to law enforcement bosses and sharing the intelligence-driven private investigations had produced results.

It’s a view shared by Business Leadership South Africa, which has publicly confirmed it helped fund the Eskom private investigations, just as it is assisting government’s National Energy Crisis Committee with R100-million through the Resource Mobilisation Fund, according to CEO Busi Mavuso’s newsletter on Monday.

Rolling power cuts leave South Africans without electricity for up to 12 hours a day. The blackouts impact businesses whose operational costs have exploded over the need to invest in alternate sources of power like generators and diesel. Small business has particularly suffered because of a lack of resources to buffer against the blackouts. 

The SA Reserve Bank has cut expected economic growth to 0.2% in 2023.

Political posturing

The seemingly politically influenced posturing of the police and Hawks in the political controversy surrounding De Ruyter’s comments undercuts what’s being done – even if questions must be asked about security services outsourcing their constitutional responsibilities to an entity not established in law or regulation: the National Joint Operational and Intelligence Structure (NatJoints).

Aside from the national energy security priority committee under NatJoints, 20 energy infrastructure task teams have been established. A total of 10,971 searches were conducted, 118 unregulated dealers closed down and 356 people were arrested, according to the SAPS PowerPoint presentation.

The SAPS has 1,660 general Eskom-related cases on its books, from theft to assault, with 103 arrests and 143 more complicated cases under investigation.

Inspections at 601 scrapyards and 154 unregulated coal yards – one 40-hectare farm had 28 such sites – were conducted alongside 388 visits to 14 coal power stations and 1,470 at-risk substations.

“Operational measures have clearly disrupted the activities of criminals. We are not out of the woods yet,” said Lieutenant-General Peter Jacobs, who chairs the energy security priority committee.

With the SAPS’ knowledge of the Eskom private investigations dating back as far as July 2022 now on public record, it could open different perspectives in a toxic mix of politics, policing and rolling blackouts.

‘Failed to act’

Or, as ANC MP Sakhumzi Somyo later put it to Police Minister Bheki Cele: “It is a fact your commissioner is not responding satisfactorily. It looks like the former (Eskom) CEO is correct… the police have all this kind of information, but they failed to act somewhat.”

Substantial questions remain.

De Ruyter told Scopa on 26 April that Eskom had established a system to inform the Hawks in line with Section 34 of Precca.

“There are many of these incidents… more than 100 incidents. Those reports are made. There is a distinct process that is in place to ensure we keep the DPCI (Hawks) informed.”

Yet, on Tuesday, the Hawks boss told MPs De Ruyter’s statement of 25 April was the first they had received from him. Even if semantics leave the door open to the possibility of other Section 34 reports from Eskom – the Hawks are investigating 60 cases involving organised crime syndicates – it fudges matters.

And the whereabouts of the report, or reports, of the private, intelligence-driven investigation are unclear.

Special Investigating Unit boss Andy Mothibi told MPs that when they requested a copy from Eskom, “We were advised on 5 May Eskom is not in possession of that report.” DM

Gallery

Comments - Please in order to comment.

  • David Nesbitt says:

    Blather. The ANC: when all is said and done there’s more said than done.

  • Fanie Rajesh Ngabiso says:

    Well gee, what a surprise.

  • Richard Bryant says:

    That’s exactly why an independent corruption fighting unit is reestablished. The ANC disbanded the scorpions to open the door to looting. Now we are paying the price. If the scorpions had remained in place, this widespread corruption at Eskom would never have happened and we would likely still have the lights on.

    The political excuses given by the Hawks head tells us exactly how things work. The Hawks will only investigate if they are given the OK by the ANC.

    • Jon Quirk says:

      Exactly, Richard. What it also reveals is the dithering of Ramaphosa as he knows better than anyone who the rotten apples are (there are many), and that he is too fearful to make a move tells us they are powerful indeed.

  • Dee Bee says:

    So it seems that the highest ranking law enforcement officials have all lied under oath in parliament, if my reading of this is correct? Toeing the party line to keep high ranking comrades out of trouble. And Cyril the Weak twiddles his thumbs (he probably looks on in amazement as he manages to synchronise them) and dreams of farming whilst all of this goes on.

  • Hiram C Potts says:

    The mind boggles, as the country is being economically decimated, plenty of fudging, fumbling, dodging & deflection by this inept mob.

    In the midst of this shambles Cyril the somnambulist is nowhere to be seen.
    The clowns are firmly in control & running the circus.

  • Jon Quirk says:

    Clearly, the National Joint Operational and Intelligence Structure (NatJoints), along with several highly placed ANC politicians, within and without the cabinet, many of who will now be aligned with both the Zuma/RET forces and/or organised crime cartels, are heavily and deeply compromised and doing all in their powers both to keep their lucrative Eskom/Transnet and other SOE enterprises still delivering their R1 billion monthly.

    They are neither going to just go away, fall on their swords, but will fight tooth and nail to eject Ramaphosa, if present “lines of enquiry” are pursued.

    This is going to get much messier and more dangerous for many people, for, as Sun Tzu said, “an evil man will burn his own nation to the ground to rule over it’s ashes”; and we have very many such evil men.

  • Stephen Paul says:

    “Eskom is not in possession of the reports”. Incredible. Why does SIU boss have to request a copy from Eskom ? Astounding. South Africa has become like living in cloud cukkoo land. It is not clear whether Parliament and its SCOPA committee, which has ultimate oversight authority under our much vaunted Constitution, has been given copies of the reports directly ? If not, why not ?

  • Wayne Gabb says:

    The feedback from these heads of security forces sounds very suspicious in that they rather fudge around semantics of procedure instead of acting on the substance that everyone has heard about, sounds deliberate !

  • Fanie Rajesh Ngabiso says:

    The pic above reminds me weirdly of the scene in the Jungle Book where the vultures Buzzy, Dizzy, Flaps and Ziggy sit on the branch going:

    What are we going to do?
    I dunno, what do you want to do?
    Errm, well we should definitely do something.
    Ok, so what you wanna do?

    \.\.\.too many similarities to even begin unpacking.

  • Andile Mjwara says:

    I take it the ANC paid the moderators off? Or perhaps there aren’t any moderators? Or Worse, they are firing the competent ones? What a rotten state of affairs!

  • Cecilia Wedgwood says:

    Reading the comments is so therapeutic- thank you to commenters. Please DM could we have an ability to give a thumbs up , and, maybe also a thumbs down.

  • Neil Parker says:

    Or, as ANC MP Sakhumzi Somyo later put it to Police Minister Bheki Cele: “It is a fact your commissioner is not responding satisfactorily. It looks like the former (Eskom) CEO is correct… the police have all this kind of information, but they failed to act somewhat.”

    Strength to your arm Honourable MP Sakhumzi Somyo ! What a pity we could not hear similarly from the President.

Please peer review 3 community comments before your comment can be posted

X

This article is free to read.

Sign up for free or sign in to continue reading.

Unlike our competitors, we don’t force you to pay to read the news but we do need your email address to make your experience better.


Nearly there! Create a password to finish signing up with us:

Please enter your password or get a sign in link if you’ve forgotten

Open Sesame! Thanks for signing up.

Make your taxes work for you

Donate to Daily Maverick’s non-profit arm, the Scorpio Investigative Unit, by 29 February 2024 and you’ll qualify for a tax break.

We issue Section 18A tax certificates for all donations made to Daily Maverick. These can be presented to SARS for tax relief.

Make your donation today

Support Daily Maverick→
Payment options

Daily Maverick The Gathering 2024 banner

Daily Maverick has secured an esteemed speaker line-up...

to help make sense of Elections 2024.

Trevor Manuel, Prof Thuli Madonsela and Minister Ronald Lamola are among the latest panellists confirmed for Daily Maverick The Gathering Twenty Twenty-Four.

Join us, on Thurs 14 March 2024 at CTICC Cape Town or online wherever you are, for an event that will put the election in perspective.

Become a Maverick Insider

This could have been a paywall

On another site this would have been a paywall. Maverick Insider keeps our content free for all.

Become an Insider