Brian Molefe back in court in bid to keep pension payout

The former Eskom chief executive will on Tuesday argue that the High Court was wrong to find that his pension payout was unlawful and that he pay back the money.

FILE: Former Eskom CEO Brian Molefe. Picture: EWN

PRETORIA – Former Eskom chief executive Brian Molefe will on Tuesday argue that the High Court was wrong to find that his pension payout was unlawful and that he pay back the money.

Molefe is applying for leave to appeal in the High Court in Pretoria.

In January, a full bench handed the scathing ruling which found the total lack of shame and dignity by people in leadership positions who abuse public funds as disturbing.

Molefe is expected to argue that the court incorrectly found that he had resigned from Eskom and that his departure was unrelated to the retirement agreement concluded with the state-owned company.

Molefe says that both and he and Eskom provided evidence which showed that his departure was due to an early retirement agreement but insufficient weight was given to this evidence.

He says that an Eskom resolution allowed senior executives to take early retirement, with Eskom waiving the penalties and finding the cost of the additional service.

Molefe argues that the court incorrectly found that the approval of his early retirement was unlawful and that it was wrong to order that he pay back the money.