More state capture cases lined up – ID boss

Advocate Andrea Johnson, head of the NPA’s Investigating Directorate (ID), has promised more action this year 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, reportedly 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 NDPP, 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 step-daughters 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. It was postponed to April. 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.

* 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 & Energy 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 this month.

* Mohammed Essop Mooidheen – a former employee of Swiss engineering firm ABB – and his wife Raeesa, his ABB colleague Vernon Pillay and Pillay’s 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 this month.

* Former Mineral Resources & Energy Department deputy DG 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 early this year.

* Former Police Commissioner Khomotso Phahlane and five co-accused, including two senior officers, 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 that 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 succeeded in its efforts to win permission to extradite UK fugitive Michael Lomas after the Justice Department and UK-based lawyers made a successful argument. A TimesLIVE report says the ID has been fighting for two years to get Lomas back to SA to stand trial in connection with the R745m Eskom Kusile fraud and corruption case. Johnson, said: ‘The legal process has been lengthy, and we are pleased with the judgment.’ Sindisiwe Seboka, spokesperson for the ID, said Lomas was arrested in London in April 2021 and granted hefty bail of £100 000 (R1.7m at the time). He submitted an additional surety of £250 000 (about R4.3m). She said his arrest came after months of talks with the UK authorities about the fraud and corruption case in which Eskom paid R745m to Tubular Construction Projects, exposing it to R1.4bn costs as the contract escalated. Lomas has been indicted along with four other accused in SA who are due to appear in the Palm Ridge Specialised Commercial Crimes Court on 5 April in relation to the case. Lomas was out of the country when his co-accused were arrested and allegedly failed to co-operate with law enforcement to stand trial. Seboka said this prompted the ID to apply for his extradition through the UK central authorities to invoke the European Convention on Extradition and the UN Convention against Corruption for assistance to bring Lomas back to SA.