Molefe agrees to not report for duty

DA’s application delayed pending his Labour Court bid

OUSTED Eskom group chief executive Brian Molefe agreed not to report for duty at the power utility pending legal proceedings regarding his future there.

This agreement followed the postponement of the DA’s application against him yesterday, in which it was asking that the decision to reinstate him be set aside.

Although this decision was rescinded on Friday by the Eskom board, the DA said it would go ahead with the application if Molefe was successful in the Labour Court.

The urgent Pretoria High Court application, which was due to start yesterday, was postponed indefinitely, pending the outcome of Molefe’s Labour Court bid to have his dismissal overturned.

In terms of the agreement reached, Molefe will not report for work at Eskom and Eskom will not expect him to perform his duties.

James Selfe of the DA said the party would attempt to intervene in Molefe’s Labour Court matter. Should Molefe be successful in the Labour Court, the DA would take the necessary steps to re-enrol its application to interdict his continued employment at Eskom.

“We are not sure when the proceedings in the Labour Court will begin, but we are preparing papers to apply to intervene as we are clearly an interested party,” Selfe said.

The Labour Court proceedings are pending the determination of a date for the hearing to be arranged between the parties.

There was some confusion yesterday regarding the DA’s application, as it was not on the court roll. Molefe’s lawyer, Barry Farber, told the media outside court that the matter was postponed indefinitely.

The DA lodged their urgent court bid shortly after Public Enterprises Minister Lynne Brown reinstated Molefe last month after he had voluntarily left.

This came after she was unhappy with the board’s decision to pay Molefe R30 million for the 18 months he had worked at Eskom.

Molefe was back in his position for a few days before the Eskom board axed him on Friday, after Brown instructed it to rescind his appointment. The board also made it clear that Molefe would no longer receive his golden handshake.

Molefe had not yet filed any opposing papers to the DA’s application and at this stage the only affidavit lodged was that of the DA’s James Selfe. His affidavit was filed with the court before the latest drama around Molefe’s axing unfolded.

Selfe, in papers filed last month, said Molefe’s employment as group chief executive would present a significant threat to the good corporate governance of Eskom.

Molefe resigned in November 2016 following the damning state capture report by former public protector Thuli Madonsela, in which he had been linked with the Guptas.