AFU and SIU secure another preservation order in matter related to corruption at Eskom’s Kusile Power Station
The Pretoria Asset Forfeiture Unit (AFU) of the National Prosecuting Authority and the Special Investigating Unit (SIU) have secured yet another preservation order in terms of the Prevention of Organised Crime Act, 121 of 1998, in relation to the corruption at Eskom’s Kusile Power Station at the Pretoria High Court.
The order, dated 16 February 2023, authorises the AFU and SIU permission to preserve two portions of a farm that is used as a lodge, a commercial property in Mbombela, a house in an estate, five cars, a golf cart, and a quad bike which are the proceeds of unlawful activities at the Eskom’s Kusile Power Station following allegations of serious maladministration and corruption. Assets under preservation are:
1. Two portions of Casambo Exclusive Guest Lodge in Mbombela,
2. A house in Stonehenge Ext 1 Mbombela, registered in the name of Muzi Sambo,
3. A house in White River Mbombela, registered under Casambo property development
4. Lotus Europa vehicle
5. Subaru Impreza, registered in the names of Zenzile Sanderson
6. VW Polo Vivo Blue Line, registered in the name of Phuwanda
7. VW Polo Vivo, registered in the name of Phuwanda
8. Hilux 2,5D-4D 4X4, registered in the name of Mwakasambo
9. Yamaha Golf Cart
10. Yamaha Raptor 90 Quad Bike
Companies and individuals who benefitted are the following:
1. Carol Zenzile Sanderson, owner of Casambo Exclusive Guest Lodge
2. Siphiwe Musa Wandile Mkhwanazi, previously employed by Tamukelo as an Operations Manager, sole member of Phuwanda Trading CC from October 2012, which was a sub-contractor to Tamukelo
3. Lloyds Muzi Sambo, a Chief Operating Officer and sole member of Tamukelo, appointed on 01 March 2018
4. Mukelo Pertunia Sambo, founder of Tamukelo and former Member of Tamukelo from 07 June 2002 to 13 October 2017
5. Zenzile Carol Sanderson, wife of L Sambo and former Member of Tamukelo from 27 June 2012 to 01 March 2018
6. Casambo Property Development
7. Judith Ann Gable
8. Phindile Ntombikayise Msimango
9. Lusanda Trading CC
10. Mwakasambo Pty Ltd
These preservation orders are a result of the SIU Proclamation R11 of 2018, issued in terms of section 2(1) of the Act and published in Government Gazette No 41561 on 6 April 2018, and amended by Proclamation R.3 of 2020, issued in terms of section 2(1) of the Act and published in Government Gazette No 42979 on 31 January 2020, to conduct an investigation into the affairs of Eskom.
An Eskom vendor, Tamukelo Business Enterprises, which provided Water Trucking services to the Eskom Kusile project site from approximately 15 June 2009 to November 2020, made various payments to the benefit of various current/former Eskom officials. SIU’s findings implicate the members and representatives of Tamukelo Business Enterprises.
The preliminary investigations by the SIU revealed that Eskom, in respect of this case, lost almost R400 million from the unlawful tender which was granted to the vendor. Former Eskom employee, Duduzile Babalwa Moyo received payments or benefits of more than R24,5 million, which were paid from Tamukelo Business Enterprise for the transportation of raw and potable water from Kendal Power Station to Kusile Power Station.
The evidence obtained to date has revealed offences in terms of section 3 (a) and section 3 (b) of the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004) (“PRECCA”), a pattern of racketeering activities as envisaged in section 2 (1) (a) (i) of POCA and money laundering in terms of section 4 (a) and (b) of POCA by, inter alia D Moyo and Tamukelo.
The next step will be to apply for a forfeiture order. Once a forfeiture order is granted, the properties will be sold at a public auction and the proceeds returned to Eskom. Investigations are still ongoing. Casambo Property Development have listed the commercial property for sale at a reduced price of R3 000 000. This court action put a stop to the sale. Tamukelo is currently going through a deregistration process, and this does not shield the company and its directors from accountability.
This preservation order is part of the implementation of the National Anti-Corruption strategy by law enforcement agencies to strengthen its fight against corruption, especially when such crimes are committed by state employees in positions of trust to deliver services for the benefit of the public and the economy, but instead steal from the most vulnerable to enrich themselves and fund their opulent lifestyles.
Source: Government of South Africa