SIU seeking to hold De Ruyter accountable for 'unauthorised' Eskom probe

SIU seeking to hold De Ruyter accountable for 'unauthorised' Eskom probe

The Special Investigating Unit (SIU) told Members of Parliament on Tuesday that the unit is considering legal action against former Eskom CEO André de Ruyter.

SIU head Andy Mothibi

The move relates to the commissioning of an unauthorised investigation into allegations of rampant corruption and maladministration at the embattled power utility.

The SIU, together with the Hawks, briefed Parliament's Standing Committee on Public Accounts (Scopa) on the intelligence report commissioned by De Ruyter. 

Last year, De Ruyter appointed former police commissioner George Fivaz's forensic firm, George Fivaz Forensic and Risk to look into maleficence at the utility’s power stations.

The forensic investigation is believed to have cost R50 million, which Business Leadership South Africa and other unknown private funders funded.

SIU head, Advocate Andy Mothibi, told the committee that their investigation found that De Ruyter commissioned the investigation without the approval of the board.

"Former Eskom GCEO Andre de Ruyter was not authorised to undertake the investigation. It appears that this investigation was not authorised. The reports are disclaimed as intelligence that requires further investigation.

“Some of the information in the reports suggests that George Fivaz Forensics and Risk has had access to Eskom information. If this is confirmed, then GFFR will have to explain how it came to be in possession of the said information," said Mothibi.

Mothibi says the SIU will take legal advice on how to hold De Ruyter accountable as the power utility no longer employs him.

It has been reported that De Ruyter landed a job at Yale University in the US as a lecturer on renewable energy.

Mothibi also emphasised that the SIU will be considering action against the Fivaz Company and Business leadership in South Africa.

"They should know, or alternatively reasonably ought to have known, that they can't conduct an investigation in a State Institution without the necessary authority. 

“SIU will consider the nature of the action to be recommended and advise the Board.

“Other Eskom employees who cooperated with the unauthorised investigation and provided information and support to the investigation will be identified, and appropriate action will be recommended against them," he added.

But Mothibi assured MPs that the report would not be disregarded.

"The report may be unauthorised, but the usefulness of the information has to be treated differently. So, we are using it as a source of information that could assist our investigation.”

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