Having received no response from former Eskom CEO André de Ruyter on its demands to provide it with evidence that it has benefited from corruption at Eskom, the ANC says it is finalising legal action against him.
The party had given de Ruyter seven days from February 28 to provide evidence of ANC-linked looting and corruption at the state-owned power utility, following the explosive televised interview with eNCA where the former CEO accused the party of using the utility as a “feeding trough”.
The interview, which was televised on the eve of De Ruyter's departure from Eskom, attracted criticism from senior members of the governing party including president Cyril Ramaphosa and public enterprises minister Pravin Gordhan.
De Ruyter’s comments come as the ANC-led government looks to recast itself as a well-run steward of the country ahead of 2024’s elections, amid a worsening electricity crisis that is denting consumer and investor confidence.
The ANC asked that De Ruyter and Eskom issue a retraction and an apology, saying his comments were aimed at defaming the governing party and tarnishing its good name.
However, the former Eskom CEO has not responded to the ANC’s demands, according to Krish Naidoo, the lawyer briefed by the ANC on the matter.
“We have had no response from Mr De Ruyter. The summons is almost finalised and we hope to issue and serve in due course,” Naidoo says.
“Eskom informed us that our letter, demanding a retraction and apology, is receiving attention. Eskom also undertook to forward our letter of demand to Mr De Ruyter’s last-known address.”
In its letter addressed to Eskom chair Mpho Makwana, the ANC wants De Ruyter to give evidence of alleged political meddling at the power utility.
“In the case of the ANC, for the organisation is prosecuted and convicted of corruption under existing legislation, it is the elected representatives, including the top seven national officials and the members of the national executive committee (NEC), who run the risk of imprisonment,” the letter, which Business Day has seen, reads.
Questioned about what would happen should De Ruyter successfully provide evidence of alleged ANC corruption at the power utility, ANC secretary-general Fikile Mbalula said, “we'll cross that bridge when we get there”.
Mbalula told reporters on Wednesday on the sidelines of the party’s youth league fundraising event: “And our actions are informed by the fact that when [de Ruyter] [gave] an interview, he made a slanderous remark and attack on the ANC, which he must prove. He must provide the proof in whatever form in whatever way.”
Attempts to reach De Ruyter by phone and text message were unsuccessful.
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