Molefe’s dis­missal chal­lenge post­poned

The Star Early Edition - - POLITICS - EMSIE FER­REIRA

THE LABOUR Court yes­ter­day post­poned the hear­ing of Brian Molefe’s chal­lenge to his dis­missal as Eskom chief ex­ec­u­tive, pend­ing the out­come of the high court ap­pli­ca­tion by the op­po­si­tion for his reap­point­ment to be ruled in­valid and set aside.

The Labour Court in its rul­ing re­jected Molefe’s con­tention that he needed to be re­stored to his po­si­tion at Eskom in or­der to op­pose the high court ap­pli­ca­tion to over­turn his reap­point­ment. It said he had al­ready filed papers ex­ten­sively in that mat­ter in his pri­vate ca­pac­ity.

“Molefe is en­ti­tled to par­tic­i­pate and op­pose the high court ap­pli­ca­tions and he can do so with­out an or­der from this court restor­ing his em­ploy­ment sta­tus.”

The DA and EFF have sep­a­rately ap­proached the high court to have Molefe’s re­in­state­ment at the helm of Eskom in May de­clared null and void.

His con­tro­ver­sial reap­point­ment came af­ter Pub­lic En­ter­prises Min­is­ter Lynne Brown ve­toed plans by the power util­ity to pay him R30 mil­lion as an early re­tire­ment set­tle­ment.

The Eskom board said it was com­pelled to pay him the sum be­cause he did not re­sign from Eskom in Novem­ber af­ter he was fin­gered in then pub­lic pro­tec­tor Thuli Madon­sela’s re­port on state cap­ture, but ap­plied for early re­tire­ment, on the un­der­stand­ing that he was en­ti­tled to it at age 50.

The claim met with dis­be­lief and con­dem­na­tion, not least be­cause he had since taken up a seat as an ANC MP.

Molefe is ar­gu­ing in papers be­fore the Labour Court that his dis­missal was mo­ti­vated by po­lit­i­cal rea­sons and th­ese were not ac­cept­able grounds for re­moval from his post.

The DA is also ask­ing the high court to de­clare any re­tire­ment al­lo­ca­tion paid to Molefe un­law­ful and com­pel him to re­fund the money.

The EFF’s ap­pli­ca­tion in­cludes a re­quest to the court to de­clare that Molefe is un­suit­able for the post of Eskom chief ex­ec­u­tive. – ANA

PIC­TURE: DAVID RITCHIE

WAIT­ING: Brian Molefe

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