gavel thumb100 Fin24 reports that former Eskom senior manager Dawid Malherbe's appeal against his 15-year sentence for fraud and money laundering has succeeded.

In 2016, the Specialised Commercial Crimes Court in Bellville had sentenced Malherbe to a term of effectively 15 years in a matter that related to contracts worth R65 million outsourced by an Eskom subsidiary, PN Energy Services (PNES), to his own company, Energy Utility Services (EUS). Malherbe was arrested with another suspect in 2013 after a whistleblower alerted the Hawks to irregularities in the power utility’s tender awarding process. The second accused was granted immunity from prosecution after agreeing to testify against Malherbe. His role in bringing about the conclusion of the contracts between the two entities was the foundation of the fraud charge against him. Malherbe had seconded as a managing director of PNES. After a series of appeals, the matter finally ended up at the Western Cape High Court, five years after Malherbe was sentenced. The ruling by three judges of the Western Cape High Court upheld the appeal, setting aside previous orders and effectively acquitting Malherbe and EUS of fraud and money laundering. Fin24’s report outlines the grounds upon which Malherbe’s appeal succeeded.


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