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 State proved that Thomson corruptly offered (the offer having been communicated to Shaik)
to give a benefit
which was not legally due
to a person, being Zuma,
who had been charged with duties, being the duties set out in s 96(2) of the Constitution
by virtue of the holding of the office of Deputy President of the RSA
with the intention to influence him
to commit or to do an act in relation to such duty. – SCA judgment in S v Shaik