Parties’ Molefe court challenge put on ice

The High Court in Pretoria yesterday postponed an application brought by opposition parties – the Democratic Alliance and the Economic Freedom Fighters – which had asked the court to review Brian Molefe’s reappointment as Eskom’s chief executive officer.

Emerging from the court yesterday morning, Molefe’s attorney, Barry Farber, said the matter had been put on ice to allow for the Labour Court processes where Molefe is challenging his removal from the top job at the power utility.

“The matter was postponed by consent [of the parties]. The postponement was made an order of the court by agreement with the parties,” Farber said.

“The matter was postponed sine die [until further notice], pending the outcome of the Labour Court hearing which, hopefully, will take place soon.”

The South African National Civic Organisation (Sanco) has decried Molefe’s Labour Court action – to challenge his removal as Eskom CEO – as an attempt to hold the power utility to ransom.

Molefe, who was fired as Eskom CEO last week, on Sunday indicated his intention to take his former employer and Public Enterprises Minister Lynne Brown to court over his dismissal.

Molefe is challenging his dismissal, which he argues was unlawful and should thus be treated as invalid.

Brown, as the Eskom shareholder representative, carried out an instruction from the ANC to rescind Molefe’s reappointment as Eskom CEO. The power utility’s board subsequently fired Molefe on Friday.

Molefe left Eskom under a cloud in November last year after he was implicated in former public protector Thuli Madonsela’s report on state capture. He then joined the ANC caucus in parliament as an MP.

He was reappointed to his old post last month, for the stated reason that he had “mistakenly” been granted early retirement, which would entitle him to a pension payout of R30 million and which was vetoed by Brown.

Brown told a parliamentary committee that she had for months believed that Molefe had resigned last year, but had learned in April that he had in fact asked for early retirement.

Molefe has denied any links to the wealthy, politically-connected Gupta family.

The family enjoys close ties to President Jacob Zuma and has been accused of wielding much power over the running of the state and its parastatals such as Eskom. – ANA