The erstwhile minister has given a hard piece of expose on the Brian Molefe’s saga. A Parliamentary oversight committee is grilling Public Enterprises Minister Lynne Brown and the Eskom board over the reinstatement of Brian Molefe as chief executive.

The legal advice comes as the Eskom board said it could not comment as the matter was sub judice.

Legal counsel: National Assembly can call any person to report to it. How does the sub judice rule fit into this? It does not curtail it’s oversight abilities. It can’t stop functioning if a matter is before court. The NA has created a rule to curtail itself. Rule 89 applies only to members of parliament. The rule does not apply to members of the public or officials. When asked questions, they are compelled to do so. Relying on sub judice does not have merit.

Legal counsel: What is the role of National Assembly? It is the public oversight of the executive.The parliamentary legal counsel on the sub judice rule: In SA, there is a greater move to transparency for public to know what is happening in the country.