Batohi says setbacks in Koko case due to delays in analysing additional evidence

National director of public prosecutions Shamila Batohi says the authority’s “setback” in former Eskom boss Matshela Koko’s R2.2bn corruption case, which was struck off the court roll in November, was due to delays in the analysis of additional evidence.

Batohi has been in the hot seat after the Middelburg specialised commercial crimes court struck the case against Koko, his wife Mosima and stepdaughters Koketso Aren and Thato Choma — who were charged with fraud, corruption and money-laundering — due to delays. 

Batohi said analysis of evidence received after the arrests in  October 2022 led to delays in the high-profile case.

“There was a lot of digital evidence that was secured after the arrest. The question is whether it could have been dealt with quicker. We are looking at those processes in analysing and properly understanding that evidence,” Batohi said on eNCA.

The additional evidence made the case complex and the NPA needed more time, she said.

“The investigations will be completed and the matter will be enrolled, but this is a setback NPA can do without. We are trying hard to ensure the public has confidence in the NPA’s ability to deal with these matters.“At the time of enrolment there was sufficient evidence to enrol the matter."

Last week Koko wrote to Batohi complaining about the legal rodeo. In his letter he pushed for the NPA to criminally charge Swiss engineering company Asea Brown Boveri (ABB), in his corruption case. The Special Investigating Unit found Eskom irregularly appointed ABB to do work at Kusile and linked Koko to the R2.2bn tender.

The company finalised a settlement agreement with the NPA to pay more than R2.5bn in punitive reparations for the alleged corruption. The NPA said the settlement did not mean individuals involved in criminal conduct, including directors, staff and contractors of ABB, would not be criminally charged.

“The settlement does not indemnify ABB’s directors, employees and agents, but it indemnifies ABB from criminal prosecution,” Koko said.

“In these circumstances, the NPA agreement with ABB SA to resolve the corruption charges related to the Kusile control and instrumentation contracts with Eskom in exchange for R2.56bn without the indulgence of the courts is unlawful. It constitutes gross prosecutorial misconduct.”

Batohi’s office said it will look at Koko’s complaints.

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