Eskom inquiry needs to be truly independent 

16 March 2015

I will today write to Minister of Public Enterprises, Lynne Brown requesting that she remove the Chairperson of Eskom's Board, Mr Zola Tsotsi, as the head of the Eskom Inquiry announced last week, and appoint an independent body to carry out this investigation. Minister Brown as the sole shareholder representative of Eskom should pass a shareholders resolution in terms of Section 65 of the Companies Act removing Mr Tsotsi (see BDLive report).

This follows media reports today that Mr Tsotsi was granted full powers to determine the terms of reference, the contracting of investigators and to oversee the progress of the investigation.

The DA has long held that Executive influence opens up the potential for abuse. However in this case Minister Brown must not exert undue political influence, but instead must act in terms of the law and her mandate by appointing an independent body to carry out this investigation.

If there is to be any semblance of independence, fairness and accountability, Mr Tsotsi cannot be the head of an inquiry tasked with investigating his own potential culpability in the sheer collapse of Eskom. His actions in this regard fly in the face of good corporate governance. Any reasonable person can see that this is a clear conflict of interest.

The only outcome from this inquiry must be to ensure that Eskom is led by a first-rate team with the requisite experience. It is also a vital opportunity for full transparency in terms of the crisis at Eskom.

If Mr Tsotsi is allowed to remain the head of the inquiry, its integrity is in question prior to it even beginning the investigation.

Statement issued by Natasha Mazzone MP, DA Shadow Minister Public Enterprises, March 16 2015

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