LAWYERS TOLD BROWN NOT TO GIVE EVIDENCE
PUBLIC Enterprises Minister Lynne Brown’s appearance before the parliamentary inquiry into the capture of state-owned enterprises went against the advice of her legal advisers, who advised her to decline the invitation to give evidence.
Brown said in a statement read out to the portfolio committee on public enterprises yesterday that the legal advice was based on the view that the committee’s process “was unfair, inappropriately accusatorial, and that my appearance would only serve to legitimise a predetermined interim report containing a rehash of untested information designed to embarrass particular positions.
“I did not take that legal advice because the constitutional principles that members of the executive should account to parliament and the people have the right to know is more important than any of us.”
Brown insisted that her interest was to ensure a fair and just process and noted that no committee member had insisted on this.
She rejected a suggestion by evidence leader Nthuthuzelo Vanara that she had been obstructionist in writing three letters requesting clarity on a number of issues and in not demonstrating a willingness to assist the committee with its inquiry.
One of the questions Brown asked was if the committee would rely on the unverified leaked Gupta e-mails.
But Brown said she had used what legal and constitutional recourse was available to her.
On her role in the suspension of three senior executives in March 2015 – allegedly engineered by President Jacob Zuma and the Guptas – Brown said it was a proposal by the board which she had accepted.
Her major concern had been for there to be a “deepdown” investigation into the problems at Eskom, which at the time was in a precarious financial position.
It was also having to implement load-shedding. She effectively accused former Eskom chairman Zola Tsotsi of lying in claiming that she had told then Eskom director Ben Ngubane that the financial director, Tsholofelo Molefe, should also be suspended along with the three already agreed upon by the board. This suspension took place.
She also rejected Tsotsi’s claim that when he visited Brown at her home Gupta associate Salim Essa and Tony Gupta had been there.