Molefe’s bid to appeal pension ruling denied
EMBATTLED former Eskom chief executive Brian Molefe and his legal team will now have to regroup and ponder their next move.
This emerges after the North Gauteng High Court refused them leave to appeal the January decision which ordered Molefe to pay back the money he received from the power utility’s pension payout.
“We are going to consult and regroup, and see what happens,” said Molefe’s lawyer, Barry Farber at the Pretoria court following the ruling yesterday.
Farber said at this stage it was not a foregone conclusion that Molefe’s next move would be to petition the Supreme Court of Appeal (SCA) in Bloemfontein to hear his case.
“We need his instructions, I can’t tell a client what to do.”
He said Molefe would abide by the high court’s decision. However, the former Eskom chief executive will not pay back what he doesn’t think he should.
“That is something else that needs to be deliberated on and debated. Surely, he is a lawabiding citizen and will abide by the court,” said Farber.
Earlier, a full Bench of high court judges refused Molefe leave to appeal their January decision – which established that he had resigned from Eskom; was not entitled to a pension payout; and must pay back the R11 million already advanced from the R30m pension payout granted to him.
The judges said there was no prospect of a different positive judgment for Molefe, even if he takes his appeal to the SCA.
“Mr Molefe applied for leave to appeal to the Supreme Court of Appeal against the whole of the judgment and order of this court handed down on the January 25.
“We have carefully considered arguments advanced by counsel for all the parties,” Judge Elias Matojane said.
“We are of the view that there is no prospect that another court would come to a different conclusion on any of the grounds of appeal raised by Mr Molefe.
“The leave to appeal is refused for reasons set out in the main judgment.”
The court also ordered Molefe to pay the costs, “including the cost of two counsel who were employed”.