Molefe making ‘mockery of our law’

FORMER Eskom boss Brian Molefe yesterday sat in the public gallery of the North Gauteng High Court in Pretoria with his arms crossed as his assertion that he never resigned was shredded.

Lawyers representing trade union Solidarity and the DA, as well as Public Enterprises Minister Lynne Brown took turns to rubbish Molefe’s argument that his return to Eskom was not reinstatement but a continuation of his contract.

The parties want Molefe’s reinstatement and the decision to grant him a R30.01-million pension payout declared unlawful and set aside.

Advocate Anton Katz SC‚ for Soli said Molefe had publicly said he was stepping down in the interest of good governance, yet he returned without then-public protector Thuli Madonsela’s State of Capture report implicating him in corruption having been set aside.

Katz said Molefe did not care what this statement‚ that he was stepping down‚ meant to the public and the world. Molefe resigned but realised that he had made a mistake and returned, he asserted.

“He makes mockery of our laws . . . he realised his mistake – that he is not getting the R30-million [early retirement package]‚” he charged.

Earlier Molefe’s lawyer‚ Arnold Subel SC‚ said the case against his client was “high on emotions but low on facts”.

The crux of his argument was that Molefe never resigned from Eskom but took an early retirement so there was no reinstatement but rather a continuation of employment.

Subel argued that based on these facts‚ there was no administrative action to be set aside.

But Brown’s lawyer‚ Garth Hulley, said Molefe’s exact words were that he had decided “to leave my employ at Eskom” and that “I leave now”.

“That is the end of the matter. That is resignation. Whether he uses the term ‘resignation’ is neither here nor there‚” he said.

Advocate Paul Kennedy‚ for the DA‚ said when Molefe stepped down Minister Brown used the term “resigned” in her public announcements and Molefe never corrected her.

He said Eskom also stated his departure as resignation.

Kennedy said Molefe could have said he was standing down subject to the approval of his early retirement application, but he did not; he said he was stepping down in the interest of good governance. He asked the court to order him to pay back the money.

Judgment was reserved in the matter. — DDC