ANC threatens De Ruyter with legal action should he not produce evidence of Eskom looting

The governing ANC has given former Eskom CEO Andre de Ruyter until March 7 to produce evidence of the party’s alleged involvement in corruption at the power utility, failing which the ANC says it will lay charges. 

In a letter served to Eskom chair Mpho Makwana on Tuesday, the ANC demanded that De Ruyter give evidence of alleged political meddling at the power utility, which has a near monopoly on providing electricity to SA but has in recent times plunged the country into darkness for up to 10 hours a day. 

This is after the former Eskom CEO laid bare the extent of the ANC’s alleged complicity in corruption at Eskom in a television interview on eNCA on the eve of his departure from the power utility. 

He told journalist Annika Larsen there was evidence to indicate that some in the ANC saw Eskom as a “feeding trough.” The interview has enlisted rebukes from President Cyril Ramaphosa and public enterprises minister Pravin Gordhan who have all publicly called on De Ruyter to come forward with evidence of corruption by ANC members at Eskom.  

Business Day previously reported there are two members of cabinet with links to at least four cartels who are at the heart of corruption and looting at the ailing power utility. The names of the cabinet members however have been withheld for legal purposes. 

The ANC has demanded a retraction from De Ruyter, saying his comments during the interview are “false” and “defamatory” and imply that the party had received money from Eskom through unethical means.

“Corruption and theft are very serious offences which may attract a term of imprisonment of 15 years. In the case of the African National Congress, for the organisation is prosecuted and convicted of corruption under existing legislation, it is the elected representatives, including the Top 7 National Officials and the members of the National Executive Committee, who run the risk of imprisonment,” the letter, which Business Day has seen, reads. 

“Mr De Ruyter is also required to explain why he should not be referred to the Hawks in terms of section 34 of the Prevention and Combating of Corrupt Activities Act 12 of 2004 for intentionally withholding “evidence” of criminal conduct while he held a position of authority at Eskom. In this regard, our client reserves the right to lay charges against Mr de Ruyter for failing to comply with his legal obligation.” 

ANC secretary-general Fikile Mbalula on Friday said de Ruyter’s comments are without “a shred of evidence.” 

“We think that there is something illegal committed by De Ruyter. The ANC is a political party that has not instructed anyone to go to Eskom and mess things up,” Mbalula said during a media briefing. 

“I cannot accuse the DA or any other political party of things that I don’t have evidence of, because that would be hearsay. Still, when we challenge De Ruyter over his sentiments, they accuse the ANC of suppressing whistle-blowers.” 

maekot@businesslive.co.za