Eskom has shelved plans to go to court to recover R1.6bn paid unlawfully to global consultancy McKinsey and Gupta-linked financial advisory firm Trillian. McKinsey has offered to pay back the money regardless but the firm wants Eskom to follow due process and go to court, which the utility now appears reluctant to do. Trillian confirmed this week that it had not heard from Eskom since October 4. "Trillian has responded to Eskom’s letter of demand which was, as stated by their lawyers, based on an incomplete investigation," the company said on Tuesday. "To date Trillian has had no reply from Eskom nor its legal representatives on the matter," it said. Sources at Eskom told Business Day this week that the state-owned utility had instructed its lawyers not to proceed with the case shortly after suspending legal head Suzanne Daniels because it did not want dirty linen aired in open court.

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