New charges for Eskom's head of legal services

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This as the Commission for Conciliation, Mediation and Arbitration (CCMA) recently ruled that Daniels’ suspension undertaken by the previous Board of Eskom was unfair.

In its statement on Friday, the power utility said it respected the CCMA’s ruling. Eskom said it is yet to make a final decision on whether it will review this decision or any aspects of it. The CCMA, in making its ruling did not make any ruling on the disciplinary charges that were put to her in 2017 and as such a disciplinary process in regard to those charges is continuing.

However, Eskom on Friday announced that it had served Daniels with fresh disciplinary charges.

“These charges relate to serious misconduct which Ms Daniels is alleged to have committed in (amongst other things) distribution of confidential information, settlement of the McKinsey/Trillian matter and payments made to McKinsey and Trillian, as well as her involvement in the Optimum and Tegeta prepayments and guarantee issued by Eskom,” said the utility.

In January, government announced a new board at the utility. The board is tasked with strengthening governance and management at the utility.

The Eskom board said it is aware of the actions taken by Daniels is dealing with the McKinsey/Trillian matter in August to October 2017, including investigating payments to these entities and issuing a letter of demand regarding these matters on behalf of Eskom.

“These were commendable actions by Ms Daniels, however, notwithstanding these actions, it is still necessary for Eskom to address Ms Daniels’ actions and conduct in relation to the serious matters contained in the additional charges of misconduct against her.

“The new Board at Eskom is approaching the new and existing charges related to Ms Daniels with a fresh mind and must act in the best interests of Eskom when serious charges of misconduct by any employee are uncovered.”

Suspension

Eskom said Daniels is still on suspension.

“Eskom believes that given her position, the serious nature of the charges and the ongoing investigations Eskom is undertaking, it would not be correct for Ms Daniels to return to Eskom at this stage. However, Ms Daniels was given an opportunity this week to make representations regarding why she should not be suspended.”

Daniels has made representations to the power utility which is considering these. Eskom will make a decision on whether or not to suspend her in the next couple of days.