Brian Molefe’s leave to appeal set to be heard
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.”