Brian Molefe insists he’s done nothing wrong

Former Eskom boss Brian Molefe insists he is innocent and believes former public protector Thuli Madonsela trampled on his rights by compiling a report that “had no findings”.

Speaking to Independent Media on Monday, Molefe, now a newly sworn-in African National Congress (ANC) MP in the National Assembly, said Madonsela never gave him a chance to respond to the report into allegations of “state capture”.

In her State of Capture report, Madonsela found that Molefe had communicated regularly with one of the Gupta brothers and had visited the family’s Saxonwold compound in Johannesburg 19 times at the same time as the Guptas were negotiating to buy a coal mine that supplies Eskom.

Molefe said he has not been given a chance to clear his name.

“With those phone records, the public protector did not confront me. We have not seen those phone records.

“When Chapter 9 institutions trample on other people’s rights, what is the remedy? My concern is that people are jumping on to the bandwagon and throwing petrol into the fire,” he said.

The former executive also said his lawyers were working on Madonsela’s report to decide whether to take it on review or not.

President Jacob Zuma has already taken the report for review, arguing Madonsela’s recommendation that Chief Justice Mogoeng Mogoeng should select a judge that would head a commission of inquiry to further investigate the allegations of state capture raised questions about the separation of powers.

Zuma said the recommendation to instruct him on the process to be followed in appointing a commission of inquiry could be impinging on his powers as the president to institute an inquiry and appoint judges to serve on it.

Molefe resigned from Eskom late last year following the release of the report. He said we wanted to clear his name.

Opposition parties in parliament have criticised the governing party for appointing Molefe to the national legislature despite the allegations that hang over him.