NPA Refers Magistrate’s Alleged Conflict of Interest in Matshela Koko Case to Commission

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Matshela Koko is former Eskom executive.

Matshela Koko


The National Prosecuting Authority’s (NPA) Investigating Directorate (ID) has taken decisive action by referring a matter to the Magistrate’s Commission over a potential conflict of interest involving Magistrate Stanley Jacobs.

This development follows concerns raised after the Middelburg Specialised Commercial Crimes Court struck the R2.2 billion fraud and corruption case against former Eskom CEO Matshela Koko and others off the roll in September 2023. The court’s decision came after an inquiry into whether there had been unreasonable delays in bringing the matter to trial.

In a statement issued recently, the NPA confirmed that after an investigation, which included engagements with the Special Investigating Unit (SIU), there was “merit in the allegations aired in the media about a possible conflict of interest by said Magistrate.” The NPA’s ID formally referred the matter to the Magistrate’s Commission for further investigation and will also alert the Legal Practice Council to this referral. “The NPA remains confident in the strength of its case and the expertise of its prosecution team. It will re-enroll the matter shortly,” said Henry Mamothame, ID spokesperson.

NPA
NPA

The Case Against Matshela Koko

Matshela Koko, former CEO of Eskom, was arrested in October 2022 along with his wife Mosima, stepdaughters Koketso Aren and Thato Choma, Eskom project director Hlupheka Sithole, lawyer Johannes Coetzee, Watson Seswai, and Lese’tsa Johannes Mutchinya. They faced charges of fraud, corruption, and money laundering related to the irregular awarding of multibillion-rand contracts for work at the Kusile Power Station to companies connected to Koko’s associates and family members.

Last year, following the court’s decision to strike the case off the roll, Koko expressed relief but also launched a scathing attack on the ANC and President Cyril Ramaphosa, accusing them of “weaponising” the NPA against him and his family. He asserted that he had been targeted as part of a broader political agenda, describing the past six years as “stressful” and “tragic” for him and his co-accused.

Koko claimed that his dismissal from Eskom in 2018 was part of a Cabinet decision driven by unfounded accusations of corruption. He further stated that the NPA’s actions against him were part of a calculated effort to destroy his reputation and livelihood. “The NPA misdirected itself by charging me. It did not act without fear, favour or prejudice. They were doing somebody a favour,” Koko said, emphasising that the legal proceedings have led to severe personal and financial consequences for him and his family.

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