Brian Molefe’s leave to ap­peal set to be heard

Afro Voice (KwaZulu Natal) - - News - LIL­LIAN SELAPISA lil­lians@the­newage.co.za

FOR­MER Eskom CEO Brian Molefe’s leave to ap­peal is due to be heard in the North Gaut­eng High Court to­day.

This af­ter Molefe filed his ap­pli­ca­tion for leave to ap­peal on Jan­uary 31 in an at­tempt to have the judg­ment against him by the high court re­versed.

The high court found that the de­ci­sion taken by the Eskom board in Novem­ber 2016 to ac­cept Molefe’s “early re­tire­ment” was un­law­ful and should be set aside, that the de­ci­sion taken by the Min­is­ter of Pub­lic En­ter­prises to re­in­state Molefe as CEO of Eskom, fol­low­ing the re­scind­ing of his “early re­tire­ment”, was un­law­ful. As a con­se­quence, the pay­ment of pen­sion ben­e­fits to Molefe, of some R10.3m was un­law­ful.

The case was brought by the EFF, DA and Sol­i­dar­ity.

Molefe ar­gued that the rea­son he and the Eskom board had agreed that his pen­sion ben­e­fits should be cal­cu­lated to age 63 “with penal­ties waived” was be­cause he had been “pre­vi­ously em­ployed on some short con­tracts and had not been in a po­si­tion to ac­cu­mu­late pen­sion ben­e­fits over time”.

How­ever judge Ma­to­jane dis­agreed. He said Molefe had been em­ployed in a se­nior po­si­tion at na­tional Trea­sury for about seven years, as CEO of the PIC for seven years and fol­low­ing that as CEO of Transnet for four years be­fore join­ing Eskom. As a con­se­quence he had sig­nif­i­cant op­por­tu­nity to ac­cu­mu­late pen­sion ben­e­fits, the judge said.

An­ton van der Bijl, head of labour law ser­vices at Sol­i­dar­ity said: “This is Molefe’s at­tempt to post­pone the in­evitable. We be­lieve that the judge will not de­lay jus­tice by grant­ing the ap­peal.”

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