Pension payout: Molefe appeal fails
The application by Dintwe for an interdict against Fraser was set to be heard in the high court tomorrow.
Dintwe filed papers in the court last week, making shocking claims that Fraser had been obstructing the functioning of his office to stop the watchdog body from investigating serious allegations against him. Fraser has allegedly abused state security funds, according to claims in journalist Jacques Pauw’s book
which outlines former president Jacob Zuma’s alleged abuse of intelligence structures to safeguard his political power.
In a statement from Dintwe last week, he claimed that Fraser was behind attempts to strip him of his security clearance and to suspend him.
He said Fraser’s actions were unconstitutional and he had no choice but to turn to the courts, adding he had repeatedly been intimidated to the point where he needed to ask the court to help to ensure his personal safety. “The only purpose for revoking my security clearance is to prevent me from investigating the director-general,” Dintwe said. – African News Agency (ANA) THE High Court in Pretoria has refused embattled former Eskom chief executive Brian Molefe leave to appeal against its January decision that he pay back the controversial pension payout from the power utility. It ruled there was no prospect of a different judgment even if he took his appeal to the Supreme Court of Appeals in Bloemfontein.
“Mr Molefe applies for leave to appeal to the Supreme Court of Appeal against the whole of the judgment and order handed down on January 25.
“We have carefully considered arguments advanced by counsel for all the parties,” Judge Elias Matojane said as he delivered judgment yesterday on behalf of a full bench of judges.
“We are of the view that there is no prospect that another court would come to a different conclusion on any of the grounds of appeal raised by Mr Molefe. The leave to appeal is refused…”
The court ordered Molefe to pay the costs “including the cost of two counsel”.
Molefe was seeking permission to appeal against the the ruling that he had resigned from Eskom; was not entitled to a pension payout; and must pay back R11m already advanced from the R30m pension payout granted to him.
Molefe’s counsel, advocate Arnold Subel SC, had argued that his client believed the court had erred in its January findings, and that another court would come to a different conclusion.
Molefe left Eskom under a cloud after being implicated in a damning “state capture” report by former public protector Thuli Madonsela, alleging undue influence by personal friends of then president Jacob Zuma in the running of state firms.
On January 25, the high court ruled Molefe’s subsequent reinstatement at Eskom “invalid and false”. It ruled he was never entitled to any pension benefits from the Eskom pension fund, and “any payments in lieu of such benefits were patently unlawful”, Judge Matojane said. – African News Agency (ANA)