Court says Molefe can't report for work as DA, EFF trial postponed

Brian Molefe. (City Press)
Brian Molefe. (City Press)

Pretoria - The Democratic Alliance and Economic Freedom Fighters' application to have Eskom CEO Brian Molefe's reappointment reviewed was postponed pending the outcome of the Labour Court application on Tuesday morning. 

Molefe was reappointed as CEO of the parastatal by the Eskom board on May 12, after a dispute over a R30m pension payout. 

However, last week Public Enterprises Minister Lynne Brown - who initially objected to the Eskom board's proposed pension payout for Molefe but endorsed his return - announced that his reappointment had been rescinded.

Molefe has approached the Labour Court to challenge the decision to rescind his reappointment.

Both the DA and EFF want to have the reappointment reviewed, but this will only take place after the Labour Court matter has been heard and decided.

Molefe's lawyer Barry Farber said the DA and EFF matter was postponed by consent and that the postponement was made by order of court in agreement with the parties.

"It was postponed pending the outcome of the Labour Court hearing which will hopefully take place soon," said Farber outside the high court in Pretoria.

Although the reappointment has since been rescinded and Molefe has approached the Labour Court, the application by the two opposition parties will still go ahead.

According to the DA's James Selfe the agreement was made between the DA, EFF, Molefe and Eskom, which was made an order of the court.

The order includes that: Molefe will not report for work to Eskom, Eskom will not expect him to be at work and the DA will indefinitely postpone its application to interdict Molefe from taking up employment at Eskom, pending the outcome of the Labour Court action initiated by him. 

"Should Mr Molefe be successful in the Labour Court, the DA will set down our application to interdict Mr Molefe's continued employment at Eskom," said Selfe.

Molefe resigned from his position as the parastatal's CEO in November 2016 after a report titled State of Capture by then Public Protector Thuli Madonsela found that Molefe communicated regularly with the controversial Gupta family and that he had, on a number of occasions, visited their Saxonwold compound in Johannesburg.

Molefe was sworn in as a Member of Parliament shortly after resigning from Eskom.

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