Eskom this week starts the disciplinary process against suspended executive Matshela Koko, but irregular interventions by its board may ensure that it delivers an outcome favourable to the accused. The board asked Koko to choose the presiding officer. Then Eskom contracted lawyer Sebetja Matsaung to lead evidence, despite its legal head advising against this because he was "too junior, inexperienced and does not have the expertise". Through his lawyers, Koko was asked to "elect one name from a list of three" possible presiding officers — all senior and experienced advocates. Asger Gani attorneys rejected them on September 5 on the grounds that they were white men. Koko was suspended in May after allegations that a division he headed irregularly awarded contracts to Impulse International, in which his stepdaughter owned shares. Koko failed to declare the conflict of interest and paid the company more than R1bn in contravention of Eskom’s procurement policies, including not producing ...

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