Commission chairman, Deputy Chief Justice Raymond Zondo told Daniels he “still” found it hard to believe that the Eskom board – on which some highly qualified people sat – approved the prepayment without questioning that it was made out to the “proposed owner”, meaning Tegeta, rather than the owner at the time.
Daniels reiterated that she, as the company secretary, drafted the agreement on the instruction of Eskom’s then CFO Anoj Singh and former head of generation, Matshela Koko. “I can’t understand how they [board members] could not have seen the resolution that they were being asked for; [it] was for three Eskom officials to conclude an agreement with the proposed owners and not Glencore.
“Did you notice that you were drafting a submission that the board must pass a resolution to negotiate with the proposed owner?” Justice Zondo asked again.Continued Justice Zondo: “Why did you not ask Koko that? Should you not have offered legal advice? It would have been your job to advise the board.”
Seleka questioned the rushed process in authorising the April 2016 pre-payment to Tegeta of R690-million, which happened to be the balance that the company needed in order to purchase Optimum Coal Mine from Glencore.
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