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Eskom mulls legal action against Koko

Feb 17, 2018
Eskom mulls legal action against Koko

While Eskom has accepted the resignation letter of Matshela Koko, it will consider instituting legal action against the former group executive.

The power utility confirmed Koko’s resignation with immediate effect.

“Eskom has as a result accepted Mr Koko’s resignation with immediate effect, however reserves all its rights to institute legal action in respect of any damages Eskom has suffered arising from Mr Koko’s actions at Eskom and to enforce its legal rights under the Pension Funds Act,” said the utility in a statement on Friday evening.

Koko’s resignation comes against the backdrop of serious charges of misconduct that were levelled against him and that would have been adjudicated at his disciplinary hearing which commenced today.

“The charges against Mr Koko related to grave misconduct. Mr Koko’s resignation was only tendered after the disciplinary hearing into these charges had commenced.

“Eskom would have preferred to continue with the disciplinary process so that Mr Koko could be held to account for any proven wrong-doing.”

However, the power utility has accepted that the process of disciplinary action could not be pursued in light of clear legal precedent that a resignation by an employee unilaterally terminates the employment relationship.

The power utility reiterated its belief that Koko’s resignation during his disciplinary hearing came in the face of serious charges of misconduct on the back of which Eskom would have sought a sanction to summarily dismiss him.

“The Board of Eskom remains committed to its mandate to root out malfeasance and maladministration as a critical foundation to restoring transparent and effective governance,” said the utility. – SAnews.gov.za