Johannesburg – National Prosecuting Authority (NPA) says it is “confident that the Eskom Kusile R2.2 billion matter will be re-enrolled as soon as outstanding aspects of the investigation are completed.”
The NPA was responding to Tuesday’s court decision to remove from the roll the matter against ex-Eskom CEO Matshela Koko and seven others.
The Middelburg Specialised Commercial Crimes Court struck the state capture case off the roll after the accused complained they were being prejudiced by excessive delays, which they blamed on the prosecution.
The other accused include Hlupheka Sithole, Eskom’s former project director at Kusile, lawyer Johannes Coetzee, Watson Seswai, Lese’tsa Johannes Mutchinya, and former South African Local Government Association CEO Thabo Mokwena.
Reacting to the development, the NPA’s Investigating Directorate (ID) said it was “confident” the matter will be re-enrolled.
“It should be noted that this decision is not tantamount to an acquittal or withdrawal of the charges.
“The ID will continue investigating the case in line with the original case strategy that it developed for this complex matter”
ID Spokesperson Sindisiwe Seboka said the issues raised by the court have been noted.
Seboka added: “These delays were not anticipated at the time of the arrest of the accused, due to the complex nature of the case, the extent and sheer volume and the digital nature of the evidence seized…”
The ID will re-apply for the matter to be re-enrolled within a reasonable “period of time” and as soon as the outstanding aspects of the investigation have been completed.
