The National Prosecuting Authority (NPA), led by National Director of Public Prosecutions Advocate Shamila Batohi, and Eskom CEO André de Ruyter, met on May 5 to discuss appropriate collaboration on State capture cases and other organised crimes against Eskom.

Batohi and De Ruyter were accompanied by their top leadership and executive teams at the NPA’s head office.

Holding to account those most responsible is a priority for both entities, considering the devastating impact these crimes are having on South Africa’s development and economic prospects, and which disproportionately affect the poor and the vulnerable.

The NPA and Eskom agreed to enhance existing collaboration, to ensure the most effective coordinated responses to serious crimes – including those stemming from the State Capture Commission of Inquiry. This includes increasing the sharing of information and high-level and operational coordination while protecting the NPA’s independence and mandate.

Where possible, the NPA and its investigating directorate will engage appropriately with Eskom investigators and legal experts to support its efforts to ensure accountability of alleged perpetrators, especially in complex and seminal cases.

The two entities also agreed to continue to cooperate on top law enforcement coordination structures that focus on other crimes, such as cable theft and damage to essential infrastructure, which seriously hampers the daily operations at Eskom and other State-owned entities (SOEs).

There is an appreciation by the NPA and Eskom of the urgency necessary to deal with all the crimes negatively impacting Eskom’s ability to deliver on its key task of providing stable and sustainable electricity to drive South Africa’s wellbeing and economic growth prospects.

The NPA says it has made important progress on seminal cases impacting various SOEs, including Eskom. The NPA has committed to enrolling these cases in the coming months.

“Impunity for these crimes committed against the people is no longer an option,” the NPA and Eskom say in a statement.

Eskom commits to be readily available and to continue providing all assistance required to successfully prosecute these crimes against the people of South Africa.

In this regard, Eskom reiterates that it has proactively established a project team, supported by its internal and external lawyers, to ensure that the judicial commission of inquiry into allegations of State capture, fraud and corruption report is reviewed, understood and that appropriate actions are taken to address recommendations made therein and to protect Eskom’s interests.

Under the leadership of Eskom’s group executive for legal and compliance, the panel will work closely with the NPA to expedite the sharing of information, as appropriate, with a view to the prosecution of State capture crimes.