Molefe agrees to not re­port for duty

DA’s ap­pli­ca­tion de­layed pend­ing his Labour Court bid

The Star Early Edition - - POLITICS - ZELDA VEN­TER

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.

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