ANC URGES ANDRE DE RUYTER TO LAY CRIMINAL CHARGES
26 February 2023
The ANC is currently consulting with its legal team concerning statements made by former Eskom CEO, Mr Andre De Ruyter, in which he alleges wrongdoing and criminality against the organisation.
The ANC is firmly committed, through promoting and supporting policy, legislation, and action, to deal with any acts of corruption - or other forms criminality - and to hold any perpetrators to account. Corruption and criminality are implacable enemies of development and our commitment to build a better life for all.
Accordlingy, we reiterate our call to Mr De Ruyter to lay criminal charges, with verifiable details about his serious allegations, to allow law enforecement agencies to investigate, and where appropriate, to prosecute those who have a case to answer, including any ANC members or public representatives who have violated both the laws of the Republic as well as the prescripts of the ANC Constitution and their oath of membership.
In this regard, we draw attention to the provisions of Section 34 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004) which makes it illegal for any person in a position of authority not to report an act or information of corruption or criminality.
To date, the ANC is not aware of any action taken by Mr De Ruyter in this respect. The ANC urges Mr De Ruyter to fulfil his constitutional and legal obligations to officially report to the police any act of criminality and/or illegality he is aware of within the next seven days.
The ANC once again advises Mr De Ruyter that by law it is obligatory for "any person who holds a position of authority and who knows or ought reasonably to have known or suspected that any other person has committed an offence (of corruption), theft, fraud, extortion, forgery or uttering of a forged document involving an amount of R100 000,00 or more, must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official".
Failure by Mr De Ruyter to bring such information forward and report it in line with his obligations will result in the ANC laying Section 34 charges against him.
Statement issued by the ANC, 26 February 2023
The ANC does not appear to know that De Ruyter was reporting Eskom corruption to authorities. He said in the interview that he was sharing “chapter and verse” with police and SSA, and with ministers and presidential officials. “Which, by the way, I'm obliged by law to do.” https://t.co/4wBxCLg4mV
— Joseph Cotterill (@jsphctrl) February 26, 2023
