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.
Mushwana said the Public Protector did not have powers to conduct criminal investigations and to institute prosecutions. “It is therefore for the National Prosecuting Authority to decide whether the allegations made by Der Spiegel warrant any further investigation in South Africa, at this time.” According to Germany’s Der Spiegel magazine, Shaik, brother of convicted fraudster Schabir Shaik, was allegedly paid a US3 million (about R21 million) bribe by one of the arms-deal bidding companies.
The Public Protector does have the power to investigate corruption and then to refer the matter to the NPA for criminal investigation. Guess Chippy has friends in high places and the Wise One is not prepared to upset them. If only I could feign surprise….