Molefe’s move illegal
UASA joins the outcry against the return of Brian Molefe as group chief executive of Eskom.
Public Enterprises Minister Lynne Brown’s motivation in support of the Eskom board’s decision to take Molefe back for the remaining two-and-ahalf years of his term is completely unacceptable.
The board’s recommendation hinges on the premise that it will be a lot cheaper to reappoint Molefe than having to pay him R30 million.
After the State of Capture report was tabled by former public protector Thuli Madonsela, it was inter alia revealed that Molefe had exchanged some 58 calls with Atul Gupta.
Molefe denied any impropriety and made his infamous comment about the “Saxonwold shebeen” at a dramatic press conference on national television, where he tearfully announced his resignation from Eskom “in the interest of good corporate governance”. His position at Eskom was advertised in newspapers, with the closing date of March 20.
From a purely legal perspective, he withdrew from his contract unilaterally, thereby forfeiting all rights and benefits that he might have been entitled to. The only way back is to apply for the position and go through the normal processes of appointment if he is found to be the most suitable candidate.
Uasa believes his return to be irregular and illegal. If an ordinary Eskom employee resigns, he will not be able to return to his old job should his new venture not pan out the way he planned it.
The company would simply show him the door. Should Molefe be allowed to return to his old job (which, by the way, does not exist anymore), it will create a huge legal precedent for the company.
Clearly Molefe did not get his hoped for position as finance minister, and neither could an agreement be reached for a pension payout from Eskom after the initial R30m was objected to and turned down by Minister Brown.
And now the Eskom board wants him to return where he left the state-owned enterprise with serious challenges in respect of a tarnished reputation and its having been downgraded.