NPA still waiting for affidavits from abroad for Matshela Koko case
Magistrate Stanley Jacobs is questioning the investigating officer as he seeks more clarity on outstanding issues of the probe
The National Prosecuting Authority (NPA) is awaiting affidavits to be obtained from witnesses based abroad in support of the fraud, corruption and money-laundering charges in the R2.2bn Kusile case involving Matshela Koko.
This emerged in the Middelburg specialised commercial crimes court on Thursday, where the investigating officer — who cannot be named for safety reasons — is on the stand.
In September, when the state requested another postponement, the accused asked for an unreasonable delay in the investigation in terms of section 342 of the Criminal Procedure Act.
Magistrate Stanley Jacobs is questioning the investigating officer as he seeks more clarity on outstanding issues of the probe before ruling on the matter.
The investigating officer has told the court that consultations have been completed relating to three affidavits that will be obtained from witnesses in the US. Two other affidavits were almost complete with one being translated and the other being attended to by a NPA official.
The investigating officer indicated the affidavits contained evidence that supported some of the charges.
Jacobs also questioned the investigating officer on the 11TB of evidence seized in September and wanted to know how many pages it contained and if they have all been read.
The officer said a report by law firm Bowmans detailing the flow of funds, which the prosecution had been waiting for, had been finalised.
Koko faces charges of fraud, corruption and money-laundering alongside his wife, Mosima, and stepdaughters Koketso Aren and Thato Choma.
He was arrested in October 2022 regarding alleged irregular contracts granted for the building of Kusile power station amounting to about R2.2bn.
The other accused are Hlupheka Sithole, Eskom's former project director at Kusile and the most senior official on site; lawyer Johannes Coetzee; Watson Seswai; Lese’tsa Johannes Mutchinya, and former SA Local Government Association (Salga) CEO Thabo Mokwena.
Defence lawyers are expected to cross-examine the investigating officer on his evidence.
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