The EFF says it will write to parliament to question the legality of Jabu Mabuza's appointment as Eskom acting CEO. 

This comes after public enterprises minister Pravin Gordhan announced on Monday that Mabuza, who chairs the utility's board, will take over from current CEO Phakamani Hadebe for the next three months. 

In a statement on Tuesday, the red berets said Mabuza's appointment was "irregular and possibly unlawful". 

"As far as we are concerned, Eskom has a board of directors that should manage the process of executive management and appointment of CEOs," the party said. 

The EFF said it would ask parliamentary questions and write letters to the public enterprises ministry to ask what the legal basis was for Gordhan to "single-handedly" appoint Mabuza.

"The phenomenon of board chairpersons who dually serve as CEOs, even in an acting capacity, is against sound governance principles and should not be promoted in state-owned companies," it said. 

"Furthermore, Mabuza has been in Eskom as chairperson for more than 18 months now; and there’s been absolutely no progress, and no plan, on how Eskom will be salvaged from the deep financial crisis it finds itself in."

Business Day reported on Monday that this is not the first time an Eskom chair has been appointed to steer the parastatal while it searches for a suitable permanent CEO. In 2009, then Eskom chair Mpho Makwana stepped in as acting CEO when Jacob Maroga resigned as head of the utility.