Siphiwe Dlamini
The National Prosecuting Authority’s (NPA) corruption case against former Eskom executive Matšhela Koko has encountered a significant setback following a key witness’s change of stance. Engineering multinational ABB has retracted its previous position, admitting in court papers that it possesses no incriminating evidence against Koko.
In documents filed with the High Court, ABB acknowledged that it had no evidence suggesting Koko was involved in any bribery. Maryjane Simani, legal representative for ABB, confirmed this absence of proof.
“I admit that ABB does not have any evidence of payments made directly to Koko,” Simani stated.
ABB’s earlier testimony had been central to the NPA’s efforts to demonstrate Koko’s alleged involvement in corrupt activities during his tenure as Eskom’s acting CEO. The NPA had relied on ABB’s admissions as the cornerstone of its argument that Koko accepted bribes. However, the lack of concrete evidence has now weakened this claim, and ABB’s withdrawal marks a pivotal moment in the case.
Koko has consistently denied any involvement in corruption, asserting that the allegations against him are based on false information. In court proceedings, he maintained that there is no proof linking him to kickbacks or illegal payments.
The NPA’s case also implicates other former Eskom officials, but the emerging lack of evidence has cast doubt on the prosecution’s overall position. This development is particularly noteworthy given the NPA’s multiple requests to delay proceedings, citing ongoing investigations.
Responding to the High Court, Advocate Andrea Johnson, representing the NPA, acknowledged ABB’s recent statements. However, she argued that the civil proceedings should not be conflated with the criminal case. Johnson emphasized that while ABB’s retraction impacts the civil matter, it does not automatically affect the ongoing criminal investigation.
Despite this, Koko remains steadfast in his defense, highlighting the prolonged nature of the case and the damage to his reputation. He criticized the NPA for extending the case over more than six years without presenting substantive evidence against him.
As the situation stands, Koko’s legal team has called for the dismissal of all charges. Meanwhile, the NPA continues to assert that the matter should be resolved within the criminal court system.
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