JOHANNESBURG: Mazibuko ordered to pay back at least 11 million to the state.
Eskom Senior Manager for Coal Operations, Mr Petrus Mazibuko was suspended after it was found that his company indirectly benefitted from a coal transportation contract from the power utility.
The Special Investigation Unit (SIU) found that Mr Mazibuko and his brother, Shadrack benefitted from the awarded contracts to a company linked to a business ran by them.
“Judge Thina Siwendu found that Petrus Mazibuko did not declare his business interests in terms of the Eskom Conflict of Interest Policy and had no permission to do the work. He acted, by failing to disclose, in a way that compromised the credibility and integrity of Eskom’s supply chain processes,” the tribunal said.
According to the statement, the judgement also found that the Mazibuko’s company, Thephunokheja, “concluded a joint venture agreement with Commodity Logistix Managers Africa (CLM)” to supply and transport the coal just months before the Eskom contracts were awarded to CLM.
They also revealed that at least 11 million flowed from CLM to Mazibuko’s Thephunokheja sooner after the contract was awarded. Mr Mazibuko failed to disclose the close ties he had to CLM.
“However…they had no experience no expertise in the coal business. [Mr] Mazibuko’s conduct was found to be an unauthorized gratification and in violation of Section 3 of the Prevention and Combating of the Corrupt Activities Act of 204 and section 4 of the Prevention of Organized Crime of 1998,” the tribunal said.
However, it was reported that the conduct of the Mazibuko brothers were not following the law.
“Petrus and Shadrack Mazibuko as well as Thephunokheja accepted gratification, acted dishonestly, unauthorized, misused and sold information to advance their financial interests and that they knowingly embarked on the unlawful activities,” found the judgement.
The Mazibuko brothers and Thephunokheja were ordered to pay the costs of the application, including costs of senior counsel.