Public Law expert Cathy Powell says people are misinterpreting the fact that the state capture report made observations rather than concrete findings.
Eskom CEO Brian Molefe has announced his resignation, claiming the report's observations have harmfully damaged his and the power utility's reputation.
However, Powell says his reputation was harmed long before the release of the scathing report by Thuli Madonsela.
Madonsela was very careful in her observations not to make any adverse findings against any person.— Cathy Powell, Senior Lecturer in Public Law at UCT
She made several conclusions on the facts and she produces lots of evidence. I can see why Brian Molefe is upset.— Cathy Powell, Senior Lecturer in Public Law at UCT
Powell explains that Madonsela had legal reasons for why she acted quickly on the procedural compilation of report, which is divide into separate sections.
Powell says the report provides evidence that Eskom's dealings, particularity with the Optimum coal mine by the Gupta-owned Tegeta firm, did not benefit the parastatal in any way.
The report recommends that President Jacob Zuma appoint a judicial commission of inquiry into state capture within 30 days, headed by a judge solely selected by the Chief Justice Mogoeng Mogoeng.
Therefore, Powell says that all the government officials, who claim to have their reputations damaged by the report, can defend themselves and present their evidence in open court.
At the same time, she says Zuma is grandstanding by lodging a complaint with the Public Protector's office over a leaked audio recording of his interview, transcribed in the report, with Madonsela.
Listen to the full analysis with Cathy Powell:
This article first appeared on CapeTalk : Madonsela report makes no adverse findings against Molefe - law expert