Durban - UDM leader Bantu Holomisa and Build One South Africa movement founder Mmusi Maimane, who have both taken legal action against Eskom over the ongoing rolling blackouts, hold different views on whether former CEO André de Ruyter’s allegations about the level of corruption at the utility should lead to another commission of inquiry similar to that of state capture.
De Ruyter, in a television news interview, implicated senior politicians and powerful cartels in corruption that he alleges is at the root of the problems at the power utility.
The UDM and 18 others are due to meet the power utility in the Pretoria High Court later this month, with the group wanting the court to declare the ANC-led government’s response to load shedding unconstitutional and breaching a number of fundamental human rights.
Holomisa said he would not object to a judicial commission of inquiry into Eskom as it would have the power to summon anyone to give testimony.
“It might be wise to consider, but Ramaphosa and the ANC would not want such a commission before next year’s elections.
“The other issue is with lawenforcement agencies that do not proceed with an investigation if it involves the leadership of the ANC … look at the Phala Phala matter,” Holomisa said.
Former statistician-general Pali Lehohla has also called for a commission of inquiry similar to that of state capture after De Ruyter’s revelations, adding that he had revealed information that needed to be investigated.
He said De Ruyter had revealed secrets, and this had opened the door to another Zondo-type commission.
However Maimane said he did not believe a commission of inquiry would work as ultimately it would only make recommendations to the president.
“De Ruyter said senior people in the ANC are involved in the corruption, and the party and Ramaphosa will protect them.
“It is better to pursue the criminal investigation of a particular crime, and De Ruyter’s deposed affidavit submitted to court can be made available as an affidavit to the investigating officer.”
Maimane said they would continue to pressure the police and felt this was the best way forward.
Political analyst Professor Bheki Mngomezulu said the mounting legal action against Eskom was being brought as a result of people feeling there was no other option.
“When people try to reason with politicians, nothing happens.
“The president responded to being in court over the Eskom matter by saying the responsibility was not his, but that of municipalities,” Mngomezulu said.
He said South Africa was a unitary state and not a federal state, and that decisions were taken at a national level and not at municipal level.
“The only other avenue is the courts.”