Advocate Andrea Johnson, head of the national prosecuting authority’s Investigating Directorate (ID), has promised more action in 2023 after narrowly failing to meet a self-imposed deadline on the number of state capture matters placed before the courts in 2022.
Johnson, appointed in March, told the Sunday Times that she's proud of her team, which placed eight of the nine promised “seminal” state capture cases before the courts in six months. The national director of public prosecutions, Shamila Batohi, told parliament in May that the nine cases would be enrolled.
“It was no easy feat,” said Johnson. “Much has already been done. More will be done. The public must brace themselves for what law enforcement will be doing [in 2023].”
Those accused in the eight cases are:
• Former Eskom boss Matshela Koko who, with his wife Mosima and stepdaughters Koketso Aren and Thato Choma, faces a series of charges related to more than R2bn in “irregular contracts” in the construction of Kusile power station. They return to court in March;
• Former Transnet executives Brian Molefe and Siyabonga Gama (both CEOs), Anoj Singh and Garry Pita (CFOs), and Phetolo Ramosebudi (group treasurer), who are charged in a R398m fraud and corruption case. Others implicated in the matter, which involves more than 50 criminal counts, are Regiments Capital directors Niven Pillay and Litha Nyhonyha, former Regiments shareholder and Trillian boss Eric Wood and his employee Daniel Roy, and Gupta fixer Kuben Moodley. They will appear in court again in April;
• Pretoria chief magistrate Desmond Nair, who is charged with corruption for accepting R200,000 worth of security equipment for his home from Bosasa. He returns to court in February;
• Former mineral resources minister Mosebenzi Zwane, who is charged with fraud and corruption alongside others including Gupta lieutenant Ronica Ragavan in the R280m Estina dairy matter. They return to court in January;
• Mohammed Essop Mooidheen — a former employee of Swiss engineering firm ABB — his wife Raeesa, his ABB colleague Veron Pillay and his wife Aradhna, who face corruption and money laundering charges relating to the R2.2bn contracts awarded to the company for Eskom’s Kusile and Matla power stations. They are back in court in February;
• Gupta brothers Rajesh and Atul, against whom extradition processes are under way in connection with the R24.9m fraud and money laundering case involving Iqbal Sharma's company, Nulane. Sharma and the other accused officials from the Free State agriculture department will appear in court again in January;
Much has already been done. More will be done. The public must brace themselves for what law enforcement will be doing
— Advocate Andrea Johnson
• Former mineral resources department deputy director-general Joel Raphela, Ragavan and former Optimum Coal Mine trustee Pushpaveni Govender, who are charged with fraud, forgery, uttering, perjury and money laundering in connection with fraud involving R107.5m meant for the rehabilitation of the Tegeta-owned mine. They will appear in court again in early 2023; and
• Former police commissioner Khomotso Phahlane and five co-accused including two senior cops, who were arrested in September for fraud, corruption, theft and public finance violations regarding two police tenders worth R54m. They return to court in March.
Johnson said though her team was “yet to achieve in dealing with the demon which is corruption”, she was happy with what had been accomplished.
Among the highlights of 2022 for the ID was the preservation order obtained for the Guptas’ R3.4bn Optimum mine, the biggest asset yet to become subject to such an order.
The ID has been on a recruitment drive to increase its capacity to deal with the findings of the Zondo commission.
President Cyril Ramaphosa’s announcement in October promising the ID permanent status was a major shot in the arm, Johnson said, because the unit’s “lack of permanency was the biggest stumbling block”.
“The next hurdle is to ensure the permanence is legislated to ensure security of tenure and improve employee morale,” she said.
The next hurdle is to ensure the permanence is legislated to ensure security of tenure and improve employee morale
— Advocate Andrea Johnson
She said key positions had been filled to beef up the staff seconded to them by other law enforcement agencies such as the Hawks and the Independent Police Investigating Directorate.
She declined to be specific, saying: “We do not normally speak on operational matters for security reasons.
"However, we have strengthened forensic, legal, and investigational both criminal and financial capacities.”
Johnson said the unit received assistance from external advocates on some cases. These included Zondo commission evidence leaders Kate Hofmeyr and Matthew Chaskalson.
The Hawks have come under fire for their slow progress on state capture cases they took on before the establishment of the ID.
One such case involves former SAA board chair Dudu Myeni and SAA technical board chair Yakhe Kwinana, who Zondo recommended a year ago already should be investigated for possible corruption and fraud.
Hawks' spokesperson Brig Thandi Mbambo said the unit was not dragging its feet and staff seconded to the ID were making arrests.
“The merits and status of the [SAA] investigation cannot be divulged at this stage.”
Another success Johnson cites is the recent agreement with ABB to pay South Africa, through the criminal asset recovery account, R2.5bn in punitive reparations by the end of January. This amount is in addition to R1.6bn ABB paid to Eskom in 2020.
Johnson said the settlement with ABB was evidence that investigations into Eskom matters were now at an advanced stage.
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