An explosive report by Eskom CEO Andre de Ruyter to the Eskom board reveals Eskom’s position in respect of unproven allegations of corruption, nepotism and victimisation orchestrated against chief operating officer Jan Oberholzer on social media and other platforms.
The Eskom report, dated August 24 and presented by De Ruyter at a board meeting on August 31, deals with apparently orchestrated and ongoing suggestions by the Economic Freedom Fighters (EFF), the South African Federation of Trade Unions (Saftu), Corruption Watch and murky elements that have suggested a corrupt and conflicted relationship by Oberholzer with Stefanutti Stocks, Black & Veatch, and Aveng.
The Eskom report also deals extensively with unproven allegations by former Eskom GM of coal and clean technologies, Mark Chettiar, who was also the portfolio project manager for the disastrous Majuba rail project and the new ash dam project at Camden Power Station, where delays caused the whole 1600 megawatt (MW) power plant to shut down for several months at the end of May, leading to at least one stage of load shedding in South Africa.
The Eskom report is the third investigation into alleged wrongful actions by Oberholzer.
All three of these investigations have cleared Oberholzer of wrongdoing.
The latest Eskom reports clearly states: “None of the investigations found any substance to the allegations of wrongdoing as put forward by Mr Chettiar. It is recommended that the board endorses the COO’s actions as having been fair, transparent, procedural and professional in upholding and fulfilling his contractual mandate in serving the interests of his employer Eskom.”
Underperformers masquerading as ‘whistleblowers’
In the report, the Eskom CEO warns of an “emerging pattern of underperformers to style themselves as whistleblowers when called to account, a trend that is entirely at odds with the desired high-performance culture that Eskom is seeking to inculcate in its employees”.
According to the Eskom report, Chettiar went on sick leave on January 29 after he was transferred, with a transparent process followed, from his position as GM: coal and clean technologies at Eskom to a similar position of the same grade in the human resources department at Eskom. This was said to be due to underperformance and a breakdown in the trust relationship because of false and unproved allegations he made in a grievance process against the COO.
Nearly eight months later and Chettiar has still not returned to work nor complied with any work instructions, yet he continues to receive his full salary with benefits as a GM at Eskom – while he pursues a claim of victimisation at the CCMA.
Chettiar also faces a disciplinary hearing served to him on January 20 due to “serious unfounded and unproven allegations against the COO”.
Through his attorneys, Chettiar has also been attempting to claim a severance package of R41 million from Eskom.
At the same time he has been making allegations of corruption, nepotism and victimisation against Oberholzer to the media through various channels, including the EFF, Saftu and Corruption Watch.
The severance package tabled through Chettiar’s attorneys would require:
- Eskom to withdraw all disciplinary charges against Chettiar;
- All his legal costs to be paid by Eskom;
- All his medical costs not covered by medical aid to be paid by Eskom;
- The full current value of his Eskom pension fund (estimated at R7 million) to be transferred to a preservation fund nominated by Chettiar;
- His full salary to be paid by Eskom until he reaches retirement age in about 12 years (estimated at about R24 million); and
- Compensation of R10 million to be paid by Eskom for the alleged reputational harm he has suffered.
Documents seen by EE Business Intelligence indicate a number of alleged reasons and justifications by Chettiar for the above, including suggestions that despite his efforts Chettiar cannot find other employment because he alleges Eskom has damaged his reputation and caused him physiological and emotional distress and damage.
In the meantime, Chettiar’s former position as GM: coal and clean technologies at Eskom has been filled by Naresh Singh, GM: Africa strategy, who was seconded to the coal and clean technologies portfolio with effect from February 1. This, according to the Eskom report, was to ensure stability and continuity of service in this department, and to manage and oversee the execution of critical projects in Chettiar’s former portfolio.
R40m Aveng payment
In a further development, a landmark high court judgment handed down on September 15 appears to vindicate Oberholzer’s stance on a R40 million disputed payment to Aveng, and undermines the suggestions by Chettiar that Oberholzer irregularly authorised this payment to Aveng.
According to the Eskom report, the R40 million payment to Aveng had been authorised by Oberholzer on the recommendation of Chettiar, an official opinion from external legal company Edward Nathan Sonnenbergs (ENS), and after an independent arbitration award settlement in favour of Aveng in its dispute with Eskom.
Chettiar subsequently claimed to the Zondo Commission of Inquiry into allegations of state capture that this was a corrupt and irregular payment on the part of Oberholzer. As a result, payment was suspended by Eskom pending the outcome of a high court action by Aveng to enforce the arbitration decision.
The judgment now orders Eskom to pay Aveng the R40 million, plus interest on the debt to Aveng, plus costs of the legal action by Aveng.
In addition, the arbitrator has since ruled in favour of Aveng on claims in excess of a further R16 million. De Ruyter commented on September 19 that “the court judgment has now vindicated the COO’s stance on the matter”.
Report given to Gordhan
Sources indicate that the Eskom board is supportive of the Eskom CEO and COO following the presentation of the report by De Ruyter, and that the report has since been given to Public Enterprises Minister Pravin Gordhan.
When approached for comment and response to a number of questions from EE Business Intelligence arising from the Eskom report and high-court judgment, the minister responded through his spokesman Sam Mkokeli that the matter should be referred to the Eskom board.
The interim Eskom board chairman Professor Malegapuru Makgoba in turn responded that: “The board will respond at the appropriate time.”
When afforded opportunity for right of response, Chettiar replied: “Kindly take note that I am taking legal advice on this matter and therefore am not in a position to comment further.”
Chris Yelland is managing director of EE Business Intelligence.
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