Eskom to recover some of the money unlawfully paid to Trillian, McKinsey
Eskom says it is obliged to seek to set aside these unlawful decisions and to have all the money unlawfully paid out returned.
In a statement released on Thursday evening, the power utility said: “The interim findings from Eskom investigations into the circumstances surrounding payments made to both companies, point to certain decisions by Eskom, and resultant payments, as being unlawful.”
The power utility says based on the findings contained in the report seen by Eyewitness News, it’s obliged to act to try and set aside the unlawful contract it entered into with McKinsey.
Gupta-linked Trillian was also paid as a "sub-contractor" although there was no provision for this in the contract.
In a report compiled by legal firm Bowmans more than two months ago, it was recommended that Eskom try and recover the money it paid to Trillian and McKinsey.
Eskom's internal report detailing this was handed to Minister Lynne Brown on 1 September, although she says she only received the final version on Monday.
Bowmans found that because the decisions made by Eskom were illegal, the utility may not be bound by them and therefore the contract could be set aside.
Eskom says it’s written to both the firms in an attempt to recover the R1.5 billion which was paid to them between 2016 and earlier this year.