The recommendation for criminal charges is particularly applicable to Mr Anoj Singh and Mr Koko, who by false pretences led Eskom, through the officials who processed the R659 million payment, to believe that the R659 million payment was in the nature of pre-payment for coal, as was the R1.68 billion pre-payment, later converted into a guarantee, when in truth and fact they knew that the prepayment and the guarantee were needed to enable the Guptas to complete and save the sale of share transaction.
The Commissions Act provides that once a commission has been appointed, the President may confer upon that commission the power to summon and examine witnesses, to administer oaths and affirmations and to call for the production of books, documents and objects.Failure to comply with a subpoena issued by a commission is a punishable offence. If these powers are not conferred, the commission will have no powers beyond those enjoyed by any individual or state agency conducting an investigation. The Commissions Act may only be made applicable to a commission of inquiry if it is investigating a matter of public concern…. Making the Commissions Act applicable to a commission of inquiry therefore ensures that a commission can call witnesses and obtain the production of documents and objects on pain of punishment. Nevertheless, a commission remains an investigative body whose primary responsibility is to report to the President upon its findings. A commission is generally not entitled or empowered to take any action as a result of its findings. – The Constitutional Court in the judgment of President of the Republic of South Africa v SARFUBACK TO TOP