Anthea Platt SC, for the SIU, told the Special Tribunal that investigations found that Mazibuko, Eskom's suspended coal operations senior manager, opened the bank account and signed for it in his capacity as the director of Thephunokhetja.
Platt said Mazibuko failed to disclose this to his employer, Eskom.
Platt said Mazibuko justified his non-disclosure of being a director of the company by saying he was not being paid a salary from that company.
“He has agreed with us that he has not disclosed. Therefore on a balance of probabilities, you have to find he did not disclose,” Platt said.
Platt said Commodity has admitted it is an Eskom supplier and that it concluded a joint venture agreement with a company belonging to Mazibuko's brother, Shadrack Mazibuko – Thepunoketja – before receiving an Eskom contract.
Platt said Commodity had a duty to disclose this relationship and it had not done so.
“In the supplier contract they [Commodity] are enjoined to provide a declaration that they are associated with an employee directly, or somebody related or associated with the employee,” Platt said.
Platt said Commodity and Thembathlo – the two companies which paid millions into a bank account which the SIU has asked to be forfeited – cannot account why these payments were being made and did not provide the tribunal with the defences as to why Petrus Mazibuko is the sole signatory of the account.