If McKinsey had wanted to repay Eskom it could have done so any time since last October, says National Prosecuting Authority spokesman Luvuyo Mfaku. The Asset Forfeiture Unit (AFU) has made a forfeiture application to the High Court in Johannesburg to have the R1bn Eskom paid McKinsey for its consulting work in 2016 and 2017 forfeited to the state. It launched its application a day after it had been expected to sign a final settlement with McKinsey and Eskom, which would have seen the money returned immediately to Eskom. The matter now threatens to become protracted as McKinsey insists for its own security that it cannot return the money to Eskom without the settlement being made an order of court. It has given notice that it will oppose the forfeiture. This will mean that the NPA will likely have to go the full distance in proving a crime was committed before it can lay claim to the money. Mfaku would not comment on the settlement talks that the AFU had engaged in with the parties ...

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