Pay back the money, court orders Brian Molefe

The High Court in Pretoria has ruled that former Eskom CEO Brian Molefe did indeed resign.

FILE: Former Eskom CEO Brian Molefe. Picture: Reinart Toerien/EWN

PRETORIA - The High Court in Pretoria has ruled that former Eskom CEO Brian Molefe did indeed resign and has been ordered to pay back money he received as part of a pension payout within 10 days.

Trade union Solidarity, also joined by other parties including the DA, approached the High Court last year seeking an order to declare that Molefe’s pension payout of R30 million as unlawful.

Molefe left Eskom in late 2016 after the then Public Protector Thuli Madonsela implicated him in suspicious dealings between The utility and the Gupta’s.

Judge Elias Matojane handed down his ruling this morning.

"The decision taken by the board of Eskom in November 2016 to accept Mr Molefe's early retirement proposal is reviewed and set aside. It is declared that any payment or sum of money received by Mr Molefe under any purported pension agreement between him and Eskom is invalid and Mr Molefe is ordered to repay the amount within 10 days of this order."

The High Court in Pretoria has given Brian Molefe 10 days to pay back the money he received from Eskom.

He had received around R11 million as part of a R30 million pension payout. However the court says that claims of early retirement are contrived and false and its given clarity, finding Molefe did resign.

Molefe's lawyer Barry Farber: "I can't give you much info as it's just come down on us like a ton of bricks and, as I say, it's very strong and you've to respect that."

Farber says he cannot yet confirm if Molefe's Labour Court matter will go ahead.