Molefe's options limited in bid to keep R30m Eskom pension

Former Eskom chief executive Brian Molefe has only the Constitutional Court to turn to in a bid to keep his R30 million rand pension pay out but his chances of success are slim.

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

PRETORIA - Former Eskom chief executive Brian Molefe has only the Constitutional Court to turn to in a bid to keep his R30 million pension payout but his chances of success are slim.

Trade union Solidarity announced on Wednesday that the Supreme Court of Appeal had rejected Molefe's latest attempt to appeal a High Court order which set aside the pension agreement.

The decision also meant that Molefe must pay back the R11 million already doled out to him.

The Supreme Court of Appeal dismissed Molefe’s application for direct access to the court after the High Court rejected his application to appeal the ruling which set aside his pension payout.

Molefe then applied to the SCA under a provision of the Superior Courts Act which allows for a decision to be reviewed if the applicant shows exceptional circumstances warranting a reconsideration of the decision.

The court confirmed this week that no exceptional circumstances existed for the matter to be looked at again.

Solidarity said Molefe can only hide from the inevitable behind court processes for so long.

His only remaining option is to appeal directly to the Constitutional Court.