Eskom sticks by Molefe
ESKOM has stuck to its guns regarding the re-appointment of Brian Molefe as the power utility’s group CEO, saying it would defend any court action mounted by the official opposition.
The DA yesterday filed urgent court papers in the North Gauteng High Court to block Molefe from performing any functions as Eskom CEO and to ask the court to set aside the reappointment.
On the same day, Molefe received a thunderous welcome from Eskom workers on his first day back at work.
In a video widely circulated on social networks, Molefe is seen dancing with a large group of Eskom staff members who gave him a hero’s welcome at Megawatt Park.
Molefe returned to work despite Cope members vowing to physically prevent him entering the Eskom headquarters.
Cope spokesman Dennis Bloem alleged Molefe had snuck into the premises escorted by VIP protection.
“We were informed that he arrived at the office around 5am to avoid our blockade. Brian Molefe must not think this is the end of our protest. It is just the beginning,” he said.
Bloem blamed a poor turnout by protesters on intimidation, saying some party members were stopped by police on their way to Megawatt Park.
There has been mounting opposition to Molefe’s appointment with even the ANC condemning the decision as reckless.
The party summoned Public Enterprises Minister Lynne Brown to its headquarters yesterday, where she was said to have faced tough questions.
A government official privy to details told The Mercury’s sister newspaper, The Star, that Brown did attend the ANC meeting, which was graced by President Jacob Zuma, among other party officials.
Brown’s spokesman, Colin Cruywagen, however, refused to comment on the matter: “That is the matter for Luthuli House, I cannot comment on that.”
He confirmed that the minister, who is cited as the first respondent in the DA court application, had been served with the court papers, but refused to say whether she would challenge the application.
Eskom board spokesman Khulani Qoma said: “We have received the papers from the DA and we are going to defend our position in court”.
He said court would be the best place for everyone to deal with the matter.
In its two-part application, the DA said it wanted the decision to reappoint Molefe overturned, arguing that it was both unlawful and irrational.
“The minister is not empowered to do so (appoint Molefe to the position of group CEO) by the relevant legal framework. The appointment of Mr Molefe is irrational because it is not rationally connected to the purpose for which it was taken,” argued DA federal executive chairman James Selfe in the founding affidavit.
While Brown had argued that the reinstatement of Molefe was a better option than paying him the R30 million pension payout he had been promised by Eskom, Selfe said it is inconceivable that Molefe’s accumulated contributions could lawfully amount to R30m over the two and a half years he was employed at Eskom.
“If she had acted lawfully and rationally, we submit that the minister ought instead to have rejected both options, for they were both unjustifiable and unlawful options,” said Selfe in the papers.
“Therefore, the decision to reinstate Mr Molefe is unlawful and falls to be reviewed and set aside,” he said.
Selfe said when Molefe left Eskom last November, he cited “good corporate governance” as one the reasons he left.
He also left in the public interest, said Selfe, who argued that Molefe’s reinstatement was therefore not in the public interest as he had not been cleared.
Molefe quit the power utility after he was implicated in the public protector’s State of Capture report. The report made observations of Molefe’s relationship with the Gupta family.
“It is therefore common cause that Eskom and the public would suffer harm if Molefe were to remain in (or resume) that position,” said Selfe.
He added that if Molefe returned to Eskom, the DA would not be able to get redress at a hearing in due course.
“That is so because the harm which will be caused to Eskom, to the public and to the interests of good corporate governance, by Molefe’s reinstatement will already have been done,” he said.
He said the damage to Eskom and the economy would already have been done if Molefe returned to the job.
Corruption Watch and the Organisation Undoing Tax Abuse said they were still deciding whether to join the court action.
UMkhonto weSizwe Military Veterans’ Association chairperson Kebby Maphatsoe hit out at ANC leaders who had “condemned” Molefe’s return to the Eskom.
“They must rally behind a child of the African soil. We find it very difficult to accept it, when our ANC leaders come out in the open and condemn Brian Molefe’s redeployment to Eskom. We wish him well in his reappointment,” said Maphatsoe.