The head of the Special Investigating Unit (SIU), Andy Mothibi, says former Eskom CEO André de Ruyter engaged in maladministration by approving a covert investigation into the power utility’s operations, even if he had good intentions.
Mothibi informed Parliament on Tuesday that de Ruyter should be held accountable for actions that were inconsistent with his role.
Parliament’s Standing Committee on Public Accounts (Scopa) is investigating corruption allegations made by de Ruyter in a bombshell television interview and a subsequent book.
Also read: Extract from de Ruyter’s Truth to Power: My Three Years Inside Eskom
As reported by News24, Mothibi said, ‘The former CEO did not have authority to investigate the affairs of Eskom and it does appear that he had a distrust of law enforcement agencies. As the CEO, it was incumbent on him to raise the distrust appropriately… but he commissioned a parallel investigation.’
‘Consideration should be given to holding the former CEO to account… It becomes a legal question as he is no longer employed by Eskom, and in this regard, we will consider the options that are available, together with the board, and advise accordingly.’
The SIU found that the secret investigation into Eskom was contracted between Business Leadership South Africa and George Fivaz Forensic and Risk, with de Ruyter not informing the board about it, EWN reported.
‘It’s a very important governance issue and really points to a measure of maladministration,’ added Mothibi.
The investigation unit is considering formally reaching out to de Ruyter, who is currently working as a fellow at Yale University in America, as part of that process.
The investigation also reportedly implicated politicians in corruption at Eskom, but Mothibi suggested that further investigation was needed to assess the legal risk of these allegations.
‘There are names mentioned in the report, but of course, we would like the investigation to unfold before undergoing a legal risk,’ he said.
Mothibi said that despite the report being unauthorised, its value in terms of matters that should be investigated can’t be ignored.
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