Brian Molefe loses bid to challenge Eskom pension repayment

Brian Molefe
Brian Molefe
Image: Raymond Preston / Sunday Times

Former Eskom CEO Brian Molefe has to pay back the money given to him and won’t get his job back after the High Court in Pretoria dismissed his application for leave to appeal with costs‚ on Tuesday.

Molefe wanted the court to overturn a January ruling by the full bench of the court that ordered him to repay R11-million in pension payments‚ which had been unlawfully made to him by the Eskom Pension Fund.

Trade union Solidarity wants this payment to be made within the next 24 hours.

In January‚ the court described the R30-million early-retirement deal entered into by Eskom and Molefe as a “deliberate scheme” concocted after he resigned from Eskom in 2016‚ as he was never entitled to the benefits because he had been in Eskom’s employ for only 18 months.

Molefe also challenged the ruling that he had resigned and that his initial reinstatement was unlawful‚ and a part of his appeal was to seek reinstatement to his old position at Eskom.

Anton van der Bijl‚ head of Solidarity’s Centre for Fair Labour Practices‚ said they were elated by the judgment‚ as it means their arguments had held water in court.

Van der Bijl said they still believe the payment was not only unlawful‚ but also opened the door for criminal prosecution.

“[Molefe] must pay back the money‚ and we will ask that he pay it back within 24 hours.”

Van der Bijl said Solidarity’s costs‚ for which Molefe may have to foot the bill‚ could amount to as much as R1-million.

- BusinessLIVE