Brian Molefe has launched an urgent application in the Labour Court in Johannesburg to have the decision to remove him as Eskom CEO declared invalid.
Molefe will ask for the matter to be heard urgently.
He has listed the power utility and Public Enterprises Minister Lynne Brown as respondents.
Molefe’s return to his Eskom CEO position on May 2 after three months serving as a Member of Parliament was rescinded on Friday by the power utility’s board.
Ben Ngubane‚ chairperson of Eskom’s board‚ said this was in line with Brown’s instruction on May 31.
The board also rescinded the reinstatement agreement between Molefe and Eskom dated May 11.
Molefe was appointed to head up Eskom in October 2015 on Brown’s recommendation‚ who said he had a reputation for “turning things around” given his performance at Transnet.
He resigned shortly after former Public Protector Thuli Madonsela released her State of Capture report showing he had close links to the controversial Gupta family.
Molefe left Eskom and was sworn in as an MP in February this year.
He made headlines again when it was revealed he was due to receive a R30-million early retirement payout. Brown put the brakes on this payout‚ and Molefe made a jubilant return to Eskom‚ just to be booted out again last week.
The department of public enterprises and Eskom confirmed to TimesLive they received the papers on Saturday.