The Pretoria High Court will this morning hear former Eskom CEO Brian Molefe appeal his old job back as well as the judgment that ordered him to pay back part of the pension he received from the power utility.
The Citizen reported that Molefe will seek leave to argue his case before the Supreme Court of Appeal in Bloemfontein, that a full bench of the High Court in Pretoria had erred in ruling that former public enterprises minister Lynne Brown’s decision to reinstate him in May last year had been unlawful and irrational, and that he should pay back his early retirement package.
In January, the High Court gave Molefe ten days to pay back about R11 million, which was paid to him when he left his position as Eskom’s CEO in late 2016 following the Public Protector’s State of Capture report.
The State Capture report implicated Molefe in suspicious dealings with the Gupta family.
In his defence, Molefe maintained that he was entitled to the money, as he had not resigned from the power utility but had taken an early retirement.
Molefe’s pension unlawful
Trade union Solidarity had approached the high court last year to declare Molefe’s controversial pension unlawful. Read more: Judgement orders Molefe to pay back the money
Echoing the union’s sentiments, Wayne Duvenage, the CEO of the Organisation Undoing Tax Abuse, in January said: “We cannot accept that Minister Brown and the Eskom board members could condone this payout, let alone allow Mr Molefe’s reinstatement as the CE in May 2016. This is a debacle which has made a mockery of the employment procedures and governance at this SOE.”
Below is a video clip from the eNCA news channel giving the details as to what to expect from the Court’s proceedings, expected to take place at 10:00am today [17 April 2018].