Molefe pension ‘in bad faith’
PRETORIA: Trade union Solidarity yesterday told the North Gauteng High Court that the process of granting former Eskom chief executive Brian Molefe a R30.1 million pension was done in bad faith, ensuring he walks away with the “pot of gold”.
“We submit that the entire project of Molefe in this case, together with the others (like former Eskom board chairperson Ben Ngubane) is mala fide. It’s simply to gain a massive bonus, an amount of money, the pot of gold, this rainbow,” advocate Anton Katz told a full bench of judges in the packed court.
Katz said if the court found that Molefe left Eskom because of his voluntary resignation, he must repay the money paid to him as pension.
“Were it to be found that in November 2016 that Molefe’s conduct at that time was a voluntary resignation, then it follows like night after day that he should pay back. Simple as that. There can be no argument about that. We don’t understand Molefe to have any argument against that proposition other than the technical arguments,” said Katz.
Katz told the court his client, Solidarity, “has 7 000 members who work for Eskom”.
The DA and Solidarity have approached the superior court, seeking an order declaring Molefe’s R30m pension payout be declared unlawful.
The parties also want Molefe to repay the R11m he’s reportedly already received as part of that payout.
Molefe insisted he was granted early retirement – despite publicly announcing he had resigned – a day after being implicated in the then public protector Thuli Madonsela’s State of Capture report.
The high-profile case was heard yesterday before a full bench of high court judges – Judge Elias Matojane, Judge Hans Fabricius and Judge Segopotje Mphahlele.
Molefe was in court, listening attentively as the case started. The matter has been set down to be heard for three days. – ANA