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31 Jan 2018
Meanwhile, Eskom on Wednesday announced the suspension of former interim CEO Sean Maritz:
Eskom chief information officer Sean Maritz has been suspended pending an investigation into allegations of impropriety, the power utility said on Wednesday.
“He was placed on temporary suspension last Friday, which has now been converted into a permanent suspension,” according to a tweet by Eskom spokesperson Khulu Phasiwe.
The former interim CEO of Eskom faced scrutiny for his role in signing off on a questionable R400m payment from Eskom to a Hong Kong bank account, against all legal advice.
The R400m is widely viewed as a kickback and was apparently made to secure a $2bn (or R25bn) loan from China's Huarong Energy Africa to build or refurbish power stations last year.
31 Jan 2018
'I have never said this committee is a kangaroo court' - Martins
Deputy Minister of Public Enterprises Ben Martins said that he never regarded the portfolio committee of public enterprises as a kangaroo court.
He was responding to chair Zukiswa Rantho who asked him to apologise for doing so. Martins insisted that proof be provided that he ever did so.
Martins testified at the Eskom Inquiry on Wednesday.
He was asked to respond to former Prasa CEO Lucky Montana's testimony which was given on Tuesday.
Montana testified to clear his name, after it cropped up in a briefing on November 9, 2017. Montana said it created the impression that he brought the Gupta family to Martins, when in fact it was the other way round.
Martins said he had not gone through the testimony, nor did he watch it on TV.
Throughout the hearing, Martins had to clarify his relationship with the Guptas. He said that he had only deal with the Guptas on a professional basis.
He also said that he never authorised the landing of a plane at Waterkloof Air Force Base for the Guptas.
he spoke about his impressions of Tony Gupta, who he called an "avid" businessman looking to expand his business, when he had met him in 2012.
He also disputed suspended Eskom's head of legal Susanne Daniels’ testimony that she had met him, Duduzane Zuma, Ajay Gupta and Salim Essa in Melrose Arch in July 2016 to discuss Molefe’s case. However added that he bears no grudge against Daniels.
The inquiry was adjourned.
31 Jan 2018
'I have never said this committee is a kangaroo court' - Martins
Deputy Minister of Public Enterprises Ben Martins said that he never regarded the portfolio committee of public enterprises as a kangaroo court.
He was responding to chair Zukiswa Rantho who asked him to apologise for doing so. Martins insisted that proof be provided that he ever did so.
Martins testified at the Eskom Inquiry on Wednesday.
He was asked to respond to former Prasa CEO Lucky Montana's testimony which was given on Tuesday.
Montana testified to clear his name, after it cropped up in a briefing on November 9, 2017. Montana said it created the impression that he brought the Gupta family to Martins, when in fact it was the other way round.
Martins said he had not gone through the testimony, nor did he watch it on TV.
Throughout the hearing, Martins had to clarify his relationship with the Guptas. He said that he had only deal with the Guptas on a professional basis.
He also said that he never authorised the landing of a plane at Waterkloof Air Force Base for the Guptas.
he spoke about his impressions of Tony Gupta, who he called an "avid" businessman looking to expand his business, when he had met him in 2012.
He also disputed suspended Eskom's head of legal Susanne Daniels’ testimony that she had met him, Duduzane Zuma, Ajay Gupta and Salim Essa in Melrose Arch in July 2016 to discuss Molefe’s case. However added that he bears no grudge against Daniels.
The inquiry was adjourned.
31 Jan 2018
Martins bears no grudge against Daniels - inquiry hears
Deputy Minister of Public Enterprises Ben Martins said he holds no grudges against suspended Eskom Head of Legal Suzanne Daniels and that he had only engaged with her professionally.
He was responding to a question from ACDP MP Steven Swart about the nature of interactions with Daniels.
As company secretary and head of legal at Eskom, the department of public enterprise’s legal teams had engaged with her, in her capacity as legal adviser for the power utility.
This was particularly related to issues of Brian Molefe’s payments. “We had an occassion of two legal teams of Eskom and the department to discuss and get clarity on legal matters regarding Brian Molefe,” he explained.
“My working relationship (with her) is fine. She is a person I have only met in the context of the responsibilities assumed. I have no reason to bear a grudge or have anything against her.”
Martins is disputing Daniels’ testimony that she had met him, Duduzane Zuma, Ajay Gupta and Salim Essa in Melrose Arch in July 2016 to discuss Molefe’s case.
Swart also asked Martins if he had noticed a pattern of state capture, where boards of SOEs were changed to satisfy certain ends. Martins responded by saying that with the benefit of hindsight it is possible to see trends.
He said that nobody has looked at the “phenomenon” highlighted and that is something necessary to be done.
He noted that he was deployed form the department of transport to the department of energy after he did not accede to the Gupta’s request to have a welcoming ceremony at OR Tambo International Airport.
Earlier Martins said that he was not pressured to have meetings with the Guptas.
31 Jan 2018
Former Eskom CEO Brian Molefe filed papers on Wednesday asking the Supreme Court of Appeal for leave to petition against a high court judgment that ordered him to pay back R11m received from Eskom's pension fund.
His latest action comes after the North Gauteng High Court ruled on Thursday that Molefe has 10 days to pay back about R11m he has received from the power utility, as part of a R30m payout.
The full bench of judges - which included Judge Elias Matojane, Judge Hans Fabricius and Judge Segopotje Mphahlele - found Molefe’s declaration that he had not resigned was false, and that he was never entitled to the pension money. Molefe's lawyer Brian Farber described the ruling as "coming down like a ton of bricks."
31 Jan 2018
‘Mr Gupta has never been my friend’ – Martins
DM Ben Martins told the portfolio committee on public enterprises that he and Tony Gupta are not friends.
During cross examination by Advocate Vanara, Martins clarified the nature of his relationship with the Gupta brother.
“Mr Gupta has never been my friend,” he said. As an authority figure in government Martins said he meets many individuals and interacts with them “as far as work is concerned”.
“Under no circumstance can I say Mr Tony Gupta is a friend of mine, he is not a friend of mine,” he said.
But Martins explained in his interactions with Tony, he found him to be an “avid” businessman “looking for avenues to find ways of making money or strengthening his company”.
Martins explained that when he met Tony (2012), he was running Sahara, a medium sized company struggling to grow.
“My impression he is somebody, like any other businessman, who wants to empower or enrich themselves or their company.”
Vanara asked Martins if he found Tony to be party of any wrongdoing, for example trying to push for a tender at Prasa as was mentioned by Lucky Montana in his testimony. To which martins said he had noted Montana’s concern over this which is why he arranged a second meeting with both of them and rebuked Tony for misrepresenting the president and Montana.
Vanara asked about the Waterkloof plane landing again. To which Martins explained the context, Tony Gupta had called to have a welcoming ceremony at OR Tambo for the plan landing.
“My response was it can’t happen for a few reasons. Any plane that lands there, when people come out of the plane they can’t have song and dance in front of the plane as people get out.”
Secondly, the Home Affairs department oversees the stamping of passports. “Only after you have stepped out to fetch luggage, from there onwards it is the jurisdiction of (the) transport department.”
He suggested the Pilanesburg airport, close to Sun City, where the wedding venue was to be held. Martins said by him advising the Guptas to go to the Pilanesburg airport, it was not an attempt to circumvent the legal requirements of the country.
Martins said he had never received such a request in his 10 years in transport.
He also spoke about an Indian Food Faire hosted by the Guptas at one of their Saxonwold homes. Martins attended the faire, but not in his capacity as minister, he told the portfolio committee.
Responding to a question from portfolio committee member and EFF MP, Mzingisi Dlamini, Martins said he could not comment on how much the Guptas are worth because he had not seen any of their bank statements. “I cannot say they are billionaires or millionaires.”
31 Jan 2018
'Why would someone place me in a meeting where I was not?' - Martins
DM Ben Martins told the inquiry he was never at the meeting with Suzanne Daniels, Ajay Gupta, Salim Essa and Duduzane Zuma.
Advocate Ntuthuzelo Vanara cross-examined Martins about the alleged meeting. In his testimony, martins said that he had attended Ronnie Mamoepa’s funeral and spent the rest of the day at the Economic Transformation Commission.
He insisted that he was not at the meeting throughout his testimony.
Vanara read out a tweet, allegedly written by Martins: “There are many ways to kill a man, the only ammunition you need for character assassination, to allege phantom meeting with Gupta without any shred of truth and then drown whatever is left of conscious with a shot of whiskey.”
To this Martins replied that he would have to check the record of his tweets, but it did vaguely sound like something he could have written.
When asked if he could check the tweet on his phone, Martins said it was with VIP protection services. he also said that he had tweeted out more than 2000 tweets and could not recall them all.
He said that before he went to prison at Robben Island in 1983, he read poetry books, one such was “There are many ways to kill a man”. He said it refers to prison, torture and discrediting.
He said that Daniels implicated him in a meeting he never attended. “This is the conclusion I get - why would someone place me in a meeting where I was not?” he said.
“My understanding or recollection of testimony given to the portfolio committee, is that there was a meeting and at the meeting, Brian Molefe’s matter was discussed. At the same meeting issue of deputy judge president’s (DJP) office was discussed, to postpone the date to later appearance.
“All that in my view- placed me in a context I would not be, to discuss undermining the office of the DJP.”
31 Jan 2018
Martins did not authorize Waterkloof plane landing – inquiry hears
DM of public enterprises Ben Martins said he did not authorize a plane landing at Waterkloof, which was requested by the Gupta family.
He was speaking on his interactions with the Gupta family. “Another time I interacted with Mr Tony Gupta was during May 2013, whilst I was still them minister of transport.
"Mr Tony Gupta called me and asked me if it will be possible for a plane conveying their wedding guests to land at OR Tambo International Airport and for a welcoming reception to be held there. I declined the request,” he said.
31 Jan 2018
Martins clarifies his relationship with the Guptas
DM of public enterprises Ben Martins clarified the nature of his interactions with the Gupta family.
One meeting in 2011, was at the SABC TNA Business breakfast. “There were no business related discussions,” he said.
“Another time I met the Gupta brothers was shortly after my appointment as Minister of Transport. I met them at an Indian food faire that they had organised at one of their homes at Saxonworld.
“Some ministers and members of the public were in attendance. There were no business related discussions.”
He also spoke on the meeting arranged between Lucky Montana, Tony Gupta and Duduzane Zuma. “The issue of PRASA’s Board was discussed between myself and Mr Montana before the arrival of Mr Tony Gupta and Mr Duduzane Zuma,” said Martins. Later Tony Gupta contacted Martins, who was transport minister at the time to enquire about a Prasa tender.
“I told him that it was my understanding that the tender process had run its course or that it was about to end.” Martins admitted he arranged a meeting between Tony and Montana in an effort to provide clarity on the tender process.
“I did not at any stage ask Mr Montana to unduly, irregularly or illegally assist Mr Gupta. There was no unlawful and / or malicious intent on my part in facilitating the meeting.”
He also spoke on the context of the situation, In 2012, the Gupta brothers were known as an Indian family, who owned a medium sized BEE company, Sahara. “They were trying to expand their business interests beyond the confines of the computer market into other business sectors.”
Today (2018) the Guptas are perceived to be billionaires, he said.
“I have not presided over any meeting where the intent was corrupt and the outcome was a commission of a crime whether directly and/ or indirectly. I have not abdicated any of my executive functions to any individual, interest group or entity.”
31 Jan 2018
Martins disputes Suzanne Daniels’ testimony
DM of Public Enterprises Ben Martins disputes eskom’s suspended head of legal Suzanne Daniels that she had met Martins, Duduzane Zuma, Salim Essa and Ajay Gupta at Melroe Arch on July 29, 2017.
He said that on that day he attended Ronnie Mamoepa’s funeral “The Official Department of Public Enterprises Deputy Minister’s diary reveals that on the 29 July 2017 I had attended the funeral service of Mr Ronnie Mamoepa at 7am at St Albans Cathedral in Pretoria.
“I attended the funeral service and at approximately 1:30 pm I departed from St Albans Cathedral and was driven to St Georges Hotel in Irene by a member of the South African Police Services VIP protection unit, to attend the ANC NEC Lekgotla which was scheduled to commence at 2pm.”
Later that day he attended the Economic Transformation Commission for the remainder of the day.
“When the Economic Transformation Commission deliberations ended for the day, I proceeded to the St Georges Hotel Conference Centre dining hall where I joined the dining table of Mr Paul Langa, Mr Vusi Mkhize and other members of the ANC logistics and security unit.
“I departed from the dining hall at approximately 8:30pm and was driven to the official residence allocated to me in Pretoria to retire for the night.”
31 Jan 2018
Martins clarifies his role as deputy minister
Deputy Minister (DM) of Public Enterprises Ben Martins started off his testimony at the Eskom Inquiry on Wednesday by saying that he will be faithful to the Republic of South Africa and that he has obeyed and respected all laws of the Constitution and the Republic.
He said that he has upheld his duties with “honour and dignity”.
Martins said he never coerced or instructed any officials to act illegally or carry out corrupt acts for any interest groups, stakeholders or entities. “No business, company, family or individual, including members of my family have received a tender, contract or money as a result of a corrupt relationship with me.”
“Having been a minister of two portfolios, I know how important to is to respect the functions and authorities of ministers and deputy ministers,” he said.
“I have never undertaken any other paid work including acting inconsistently with my office or exposing myself to any situation involving the risk of a conflict between my official responsibilities and private interests.”
Martins clarified that as DM he had oversight of state-owned companies Alexkor, Denel and SAFCOL.
31 Jan 2018
Chair of the committee Zukiswa Rantho clarifies that Lucky Montana's appearance at the Eskom Inquiry was to clear his name, as he was named in a briefing by Deputy Minister Ben Martins following a testimony that came out of the inquiry.
She said that the purpose of the inquiry is to focus on the mismanagement of funds at Eskom, and that Prasa falls within the transport entity, and any corruption at the state rail company should be investigated by the relevant authorities.
31 Jan 2018
Ben Martins appears before Eskom Inquiry
Deputy Minister if Public Enterprises Ben Martins will on Wednesday present evidence before the portfolio committee on public enterprises for the Eskom Inquiry.
Last year there was talk of having to subpoena Martins after he turned down an invitation from the committee.
However, on Monday, Rantho said it might not be necessary to subpoena Martins as a notice was issued to his department.
“He is willing to come,” she said. But Rantho added that the subpoena letter is ready to be signed by the speaker of Parliament. “I don’t think it will be necessary to subpoena him,” she reiterated.
During his testimony, Montana “set the record straight” on a meeting Martins arranged between him, Tony Gupta and the president’s son Duduzane Zuma.
According to Montana, he felt that at a briefing on November 9 Martins created the impression that he was the one brought the Gupta family to Martins. “This is a man I have huge respect for, I could not believe at media briefing he tried to protect his own name at my expense,” said Montana.
He also spoke fondly of his relationship with Martins, whom
he had met in Parliament in 1996. The two of them had worked together on the
portfolio committee of enterprises for years. Martins also invited Montana to
art galleries and explained the art to him.
Meanwhile, Martins has disputed the testimony of Eskom's suspended head of legal Suzanne Daniels who said she met MArtins, Ajay Gupta, Salim Essa and Duduzane in Melrose Arch in July 2016.
