ALLAN GREENBLO: Decoding Eskom’s ‘private arbitration’ with the Guptas
The parastatal’s argument does not offer sufficient ground to keep the background secret
Eskom has been invited to offer evidence that the “private arbitration” between itself and Tegeta Exploration & Resources — over the R2bn penalty imposed by Eskom on Optimum Coal Mine when it was owned by Glencore — existed at all. It can do so by providing information which, irrespective of any arrangement to set up the “private arbitration”, should be in the public domain: • Who instigated the “private arbitration”, and on what date? • Was Brian Molefe Eskom chief executive at the time? • When was the hearing held? • Who was the arbitrator? and • How was the arbitrator selected? Eskom has already said it cannot disclose the “contents of the agreement” (the settlement amount) because the arbitration was private. However, the contents of an agreement can normally be divulged with the consent of the parties to it.
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