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Daniels says Koko misled Zondo Inquiry over prepayment to Optimum Coal Mine

Suzanne Daniels said while Matshela Koko instructed her to draft a board resolution to prepay the Optimum Coal Mine R1.68 billion, he didn’t specifically say ‘issue a guarantee’ - yet it was eventually done.

A screenshot of Former Eskom employee Suzanne Daniels. Picture: SABCNews/Youtube

JOHANNESBURG - Former Eskom head of legal and compliance Suzanne Daniels said the utility's former CEO Matshela Koko was misleading the state capture commission when he said he believed that the controversial email - with the name "businessman" - belonged to board chair Ben Ngubane.

Daniels said it was also not true that she told Koko that the email belonged to Ngubane.

READ: Koko 'shocked' to learn email address he thought was Ngubane's belonged to Essa

She had been testifying at the state capture commission remotely from an undisclosed location on Friday, but the commission said her affidavit was certified by the South African Consulate in Los Angeles in the United States.

“My instruction regarding the guarantee came from Mr Koko.”

Daniels said while Koko instructed her to draft a board resolution to prepay the Optimum Coal Mine R1.68 billion, he didn’t specifically say ‘issue a guarantee’ - yet it was eventually done.

And for that, Deputy Chief Justice Raymond Zondo blames the board.

“It seems to me that the board can’t complain or blame the officials for issuing a guarantee in circumstances where they had authorised them to pay even cash.”

Daniels said she now knew that the idea for a guarantee came from outside from an email called “businessman” linked to Gupta associate Salim Essa.

Koko denied knowing this, but Daniels maintained he knew.

Zondo asked: “He said you told him that ‘businessman’ was board chair Dr Ngubane?”

Daniels responded that: “No chair, Mr Koko is trying to mislead the commission. At no stage did I tell him that the ‘businessman’ address belongs to Mr Ngubane.”

Former board members have told the commission that they believed they were approving a pre-payment to Optimum Coal Mine still owned by Glencore – but it appears the power utility was paying the proposed owners - Gupta-linked Tegeta.

WATCH: Former Eskom head of legal Suzanne Daniels testifies before Zondo

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