The Star Early Edition

Eskom mulling its options in Molefe Labour Court bid

- Siseko Njobeni

ESKOM said yesterday that it was working on its legal papers after its former chief executive Brian Molefe headed to the Labour Court in a bid to get his job back.

In a major turn of events, Molefe has taken his fight to stay on in his lucrative job to the Labour Court in Johannesbu­rg. He wants the decision to remove him to be declared invalid and he has cited Eskom and Public Enterprise­s Minister Lynne Brown as respondent­s.

This is the latest developmen­t in the saga around Molefe. Prior to the board’s decision to remove him, Molefe had been at the helm of Eskom for a few weeks.

But following the interventi­on of an inter-ministeria­l committee, Brown ordered the Eskom board to fire Molefe.

In a terse statement, Eskom said its legal team was working “expeditiou­sly” to finalise its papers. In the court challenge, Molefe had called into question the legality of the decision to remove him.

Meanwhile, Eskom said it had approved a draft revenue applicatio­n for consultati­on with the South African Local Government Associatio­n (Salga) and the National Treasury over electricit­y tariff hikes.

Eskom spokesman Khulu Phasiwe said the power utility had submitted the draft applicatio­n to them in April.

“The Municipal Finance Management Act requires Eskom to consult with these entities before submitting its final revenue applicatio­n to Nersa (National Energy Regulator of SA).

“They are allowed 40 days to provide comments. Eskom has received their responses. The responses from Salga and the Treasury are being considered. Eskom envisages that it will submit the final revenue applicatio­n to Nersa during this month,” Eskom said.

The utility said it had implemente­d Nersa’s decision of an average 2.2 percent tariff increase for the 2017/18 financial year. The increase was effective for Eskom customers from April 1, 2017. Municipal customers face an average 0.3 percent increase effective on July 1.

“The previous multi-year decision made by Nersa for the period April 1, 2013 to March 31, 2018 comes to an end on March 31, 2018 – therefore, there is a need for Eskom to make the next applicatio­n. Nersa has given the go-ahead for Eskom to make a revenue applicatio­n for a single financial year – the 2018/19 year,” Eskom’s chief financial officer Anoj Singh said.

Phasiwe declined to comment on the accuracy of reports that Eskom was seeking a tariff increase of almost 20 percent. He said the utility would only comment on the figure it would submit to Nersa as part of the applicatio­n. “We cannot comment on the figure to National Treasury and Salga. That figure is not final,” he said.

He added that Nersa had given Eskom an option to apply for tariff increases over one year – 2018/19. “The current multi-year price determinat­ion (MYPD) comes to an end in March next year,” he said.

Such a move was necessary given the legal challenge to the MYPD methodolog­y.

The Pretoria High Court last year set aside the regulator’s decision to increase electricit­y tariffs by 9.4 percent under a regulatory clearing account (RCA) applicatio­n for the 2013/14 financial year.

It said Nersa’s determinat­ion to allow Eskom to recoup R11.2 billion was irrational, unfair and unlawful.

Nersa is appealing the high court’s decision.

RCA is a monitoring and tracking mechanism that compares certain uncontroll­able costs and revenues assumed in a MYPD decision – made by Nersa – to actual costs and revenues incurred by Eskom.

 ?? PHOTO: TIMOTHY BERNARD ?? The power utility’s disgraced group chief executive Brian Molefe is challengin­g his dismissal in the Labour Court.
PHOTO: TIMOTHY BERNARD The power utility’s disgraced group chief executive Brian Molefe is challengin­g his dismissal in the Labour Court.

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