Former Eskom acting CEO Matshela Koko, who feels his name was dragged through the mud for a number of years is ready to fight back against the National Prosecuting Authority (NPA).
The NPA suffered a blow in the matter involving Koko last week.
On Thursday, Koko took to social media platform X, where he said he had suffered long enough after posting an order by the Gauteng High Court, Johannesburg, between him as the applicant and the NPA as first respondent, and ABB South Africa as second respondent.
The court ordered: “The application is removed from the roll. The first respondent is to pay the costs of the applicant on an attorney-client scale.”
Speaking to The Star, Koko said he will soon be back in court again dealing with the NPA.
“I will not rest until the private treaty between the NPA and ABB is reviewed and set aside. I am requesting a declarator that the NPA has committed gross misconduct by shielding ABB. This is not the time to celebrate, that time will come,” said Koko.
The NPA’s Investigating Directorate (ID) spokesperson Henry Mamothame spoke to The Star and said it took note of queries around an application by Koko which was set down for June 6 2024.
“Koko brought an application that the alternative dispute resolution agreement between the NPA and ABB is unlawful (the main application). The NPA is opposing the application and the matter is pending.
In the application Koko has also requested certain documents from the NPA. The NPA provided the documents but only after Koko’s application to compel the delivery of those documents had been enrolled.
Both the NPA and Koko agreed that the application to compel the delivery of the documents must be removed from the court roll since the documents had been delivered. The only issue between the parties were the costs,” said Mamothame.
He further said: “The court awarded costs on an attorney-client scale. The main application is still ongoing and must still be heard. The ID is opposing that application. The Investigating Directorate is still pursuing the criminal matter against Koko and others.”
Responding to the The Star ABB South Africa head of media relations and crisis management Eike Christian Meuter said ABB took the Kusile matter seriously.
“Since it was reported, ABB has cooperated fully with all the authorities and spent considerable time and effort – including launching a new code of conduct, educating employees and implementing an enhanced control system – to prevent something similar from happening again.
“We have a clear zero-tolerance approach to non-ethical behaviour within our company. ABB has reached a full and final settlement with the National Director of Public Prosecution in South Africa; the US Department of Justice; the US Securities and Exchange Commission; the Office of the Attorney-General of Switzerland; and Germany’s Mannheim Regional Court related to the legacy Kusile project in South Africa awarded in 2015.
“ABB does not expect further enforcement proceedings regarding its conduct in the Kusile matter and considers this matter closed,” said Meuter.
The Star