Molefe loses round one to DA and EFF in his court bid

The Star Early Edition - - POLITICS - TE­BOGO MONAMA

FOR­MER Eskom boss Brian Molefe will to­mor­row face off with op­po­si­tion par­ties in court after fight­ing hard to block them from form­ing part of his bid to get his job back.

Yes­ter­day, Molefe lost a Labour Court at­tempt to stop the EFF and DA from be­ing part of his ur­gent ap­pli­ca­tion to get his Eskom chief ex­ec­u­tive po­si­tion back.

Labour Court Judge Con­nie Prinsloo ordered that the two po­lit­i­cal par­ties be part of pro­ceed­ings.

Now that they have been al­lowed to take part in the court pro­ceed­ings, they are go­ing to ar­gue that Molefe is not suitable for the po­si­tion and his reap­point­ment should be deemed null, be­cause he had re­signed from the po­si­tion.

Molefe’s le­gal rep­re­sen­ta­tive ad­vo­cate Noel Graves SC, ar­gued that though Eskom was a state-owned en­tity, it was also a com­pany like any other, and there­fore his client was en­ti­tled to a closed trial as he had been un­fairly dis­missed.

Graves claimed the DA and EFF were try­ing to score po­lit­i­cal points and had no rea­son to be part of the case.

His ar­gu­ment was dis­missed by the EFF rep­re­sen­ta­tive, Them­beka Ngcukaitobi, who said Molefe’s ef­fort to try to stop them from be­ing part of the case was friv­o­lous.

The two po­lit­i­cal par­ties joined Public En­ter­prise Min­is­ter Lynne Brown in try­ing to en­sure that Molefe does not get his job back.

Molefe re­signed after for­mer public pro­tec­tor Thuli Madon­sela re­leased a re­port in Fe­bru­ary that in­di­cated that he had close links with the Gupta fam­ily.

Molefe re­turned to his po­si­tion after three months of serv­ing as a mem­ber of Par­lia­ment.

His reap­point­ment was re­scinded by the Eskom board last month, and Johnny Dladla was ap­pointed as the group act­ing chief ex­ec­u­tive.

Paul Kennedy, rep­re­sent­ing the DA, ar­gued that Molefe could not at the same time be a chief ex­ec­u­tive in a state-owned en­tity and be a mem­ber of Par­lia­ment.

“How then was he able to go to Par­lia­ment if he had not re­signed?”

The DA’s James Selfe said this case would be able to as­sist the party in a sep­a­rate high court bid to stop Molefe from ex­e­cut­ing his du­ties at Eskom.

In that case, Molefe says he wants his job back so he can fight the DA’s claim that he is not fit for of­fice.

“We will on Thurs­day prove that Molefe was un­law­fully reap­pointed into the po­si­tion and that he was an em­ployee all along. And that his reap­point­ment was wrong in the ex­treme,” Selfe said.

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