DOCUMENTS

Andre de Ruyter’s response to Bianca Goodson

Eskom CEO says SOE unable to reward whistleblower for info she disclosed

Letter from Eskom CEO Andre de Ruyter in response to the letter of Bianca Goodson (Smith):

Ms Bianca Smith

Dear Ms Smith

ESKOM'S SUPPORT OF WHISTLEBLOWERS

Thank you for your letter of 17 October 2020, which made a deep impression on me, I admire your single-minded courage to speak up for the truth and the law, even when this was clearly at considerable cost to you and your family, You rightly point out in a statement published on the PPLAAF website, referencing an interview with the Daily Maverick: "Doing the right thing is never, ever easy. If you find yourself in a situation such as mine, it's probably because you have the strength to deal with it". This suggests a fierce patriotism which is both rare and commendable. You made a very substantial contribution to the successful recovery of Eskom funds that were unlawfully paid out during the height of state capture, for which we are deeply grateful.

As you may be aware, state capture plagued various public entities. This has led to the establishment of the state capture commission where a number ofwhistleblowers have come forward with pertinent information, as you have. The proposal you present is the first of its kind, and while there are precedents in US law, there is unfortunately no provision in South African law for whistleblower compensation. As the law stands, and having regard to Eskom's duty to act in accordance with applicable legislation, we unfortunately cannot pay you a reward or similar for the information which you disclosed.

I am, however, reliably informed that you are contemplating the creation of an advisory service to large corporations to share your experience as a whistleblower, and to also enhance the effectiveness of whistleblowing as an invaluable aid to encouraging whistleblowers to act with the courage and conviction that you have displayed. As Eskom was pivotal to your own act of whistleblowing, itself a great act of patriotism, it would be a great honour for us to invite you to address a group of our senior executives and managers, both for us to learn from your experience, but also to act as a potential launching pad for your venture, should you wish to proceed with it. As is customary with such invitations, there will a modest speaker's fee associated with this event.

I trust that you will give this invitation your favourable consideration, and look forward to hearing from you in the near future.

Yours sincerely

Andre de Ruyter

GROUP CHIEF EXECUTIVE D

Date: 20 October 2020

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