Solidarity: Brown, Eskom must account for Molefe payout

The High Court in Pretoria ruled on Thursday that Molefe is not entitled to any pension benefits paid out to him, ordering him to pay back about R11 million within ten days.

FILE: Minister Lynne Brown briefs the media on the appointment of the new Eskom board members on 15 December 2017. Picture: Thomas Holder/EWN

JOHANNESBURG - Trade union Solidarity says that Eskom and Public Enterprises Minister Lynne Brown will also have to account for the unlawful pension payout for Brian Molefe, saying that the matter goes far beyond the former Eskom boss.

The High Court in Pretoria ruled on Thursday that Molefe is not entitled to any pension benefits paid out to him, ordering him to pay back about R11 million within ten days.

Molefe left his postion as Eskom's ceo in late 2016 after the Public Protector's State of Capture report implicated him in suspicious dealings with the Guptas. Molefe and Eskom then formed a plan to allow him to take early retirement at the age of 50.

The High Court judgement says that the decision by Eskom to waive penalties and buy Brian Molefe an extra 13 years of service for a whopping R30 million pension payout after only 15 months is unlawful.

But what it finds most disturbing, is the total lack of dignity and shame by people in leadership positions.

The court found that Eskom and Minister Brown acted irrationaly in this matter, especially in terms of the damning allegations againt Molefe in the State of Capture report.

Solidarity's Dirk Herman says this judgment paves the way for criminal charges.

"This misrepresentation was broader than only Mr Molefe. It implicates the top management, it implicates the minister, although at this stage she says she did not know anything."

Molefe now has nine days to pay back the money he's received from Eskom.