The African National Congress (ANC) has been granted permission by the North Gauteng High Court in Pretoria to serve court papers to former Eskom CEO, André de Ruyter, in Germany, where he is believed to be residing. The ANC is seeking to pursue a defamation claim against de Ruyter in response to a controversial interview he gave to eNCA earlier this year, in which he alleged that a senior politician was involved in corruption at Eskom.
De Ruyter subsequently resigned from his position and left South Africa after he claimed to have survived a poisoning attempt. The court’s decision grants the ANC an “edictal citation,” which is an application for permission to serve court papers in a foreign country. The papers will be served by an official authorised under German law. The ANC is seeking to have de Ruyter’s statement to eNCA declared defamatory and to have him ordered to retract it.
During the interview, de Ruyter claimed to have evidence that a senior politician was involved in corruption at Eskom. He stated that he had informed Public Enterprises Minister Pravin Gordhan of his concerns, but Gordhan had allegedly dismissed them, indicating that he was already aware of the information and that it would eventually come out. De Ruyter’s refusal to name the politician during a later appearance before Parliament’s Standing Committee on Public Accounts (Scopa) sparked controversy and led to calls for him to be held accountable for his statements.
The ANC’s decision to pursue legal action against de Ruyter is seen as a response to his failure to provide more information about the politician in question.De Ruyter’s resignation from Eskom earlier this year followed a tumultuous period for the utility company, which has been beset by corruption scandals and financial difficulties. His tenure as CEO was marked by efforts to restore the company’s financial stability and to root out corruption.
The poisoning incident that occurred shortly after de Ruyter’s resignation has raised concerns about his safety and has prompted speculation about the possible motives behind the alleged attempt on his life. Some have suggested that the poisoning may have been linked to his allegations of corruption at Eskom or to his decision to resign.
The decision by the North Gauteng High Court to grant the ANC permission to serve court papers in Germany marks a significant development in the ongoing controversy surrounding de Ruyter’s statements about corruption at Eskom. It remains to be seen how de Ruyter will respond to the ANC’s legal action and whether he will choose to retract his statements or defend them in court.
The case highlights the challenges faced by whistleblowers and individuals who speak out against corruption and wrongdoing in South Africa. While de Ruyter’s allegations have yet to be proven, his decision to speak out has drawn attention to the issue of corruption within Eskom and has sparked a broader conversation about the need for greater transparency and accountability in the country’s public institutions. The outcome of the case against de Ruyter will be closely watched as a test of South Africa’s commitment to upholding the rule of law and protecting the rights of those who expose corruption and wrongdoing.
Mboma Mboma