Brian Molefe to appeal pension payout judgment

Former Eskom chief executive Brian Molefe will apply for leave to appeal a court judgment which would have had him return the R11-million that he received as part of his pension payout from the utility, according to eNCA.

Last Thursday, the High Court in Pretoria ruled unanimously that Molefe’s reinstatement as chief executive in 2017 was invalid. The court also ruled that Molefe was never entitled to pension benefits from the Eskom pension and provident Fund.

The high court set aside the Eskom board’s decision which accepted Molefe’s retirement in November 2016, and asked Molefe to pay back the money that he received under the pension agreement.

According to eNCA, Molefe is claiming in his court papers that the high court in Pretoria erred in setting aside the Eskom board decision in November 2016 which accepted his early retirement.

Molefe’s affidavit suggests that the Minister of Public Enterprises Lynne Brown had not accepted that Molefe had “resigned unilaterally”.

Molefe left the state utility in November 2016 after former public protector Thuli Madonsela’s State of Capture report implicated him in dealings with the Gupta family and their associates.

After working at Eskom for 18 months, the November 2016 Eskom board decision planned to give Molefe R30.1-million. Many, such as MP Natasha Mazzone, saw this figure as a “golden handshake” and a “gross misappropriation of funds”.

Although Molefe plans to appeal the court decision, the Mail & Guardian reported last week that trade union Solidarity – one of the parties that took the matter of Molefe’s pension payout to court along with the Democratic Alliance and the Economic Freedom Fighters – wants to see criminal proceedings brought against Molefe.

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