Now Molefe wants to appeal order to pay back the money

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

Johannesburg - Former Eskom CEO Brian Molefe filed papers on Wednesday asking the Supreme Court of Appeal for leave to petition against a high court judgment that ordered him to pay back R11m received from Eskom's pension fund.

His latest action comes after the North Gauteng High Court ruled on Thursday that Molefe has 10 days to pay back about R11m he has received from the power utility, as part of a R30m payout.

The full bench of judges - which included Judge Elias Matojane, Judge Hans Fabricius and Judge Segopotje Mphahlele - found Molefe’s declaration that he had not resigned was false, and that he was never entitled to the pension money. Molefe's lawyer Brian Farber described the ruling as "coming down like a ton of bricks."

Molefe argued in his application for leave to appeal that the applicants - the Democratic Alliance and trade union Solidarity - did not satisfy the test for final relief, and that the high court erred in its order as a result. Solidarity first approached the high court on November 29 2017 to declare Molefe's controversial pension award of about R30m, as well as the more than R10m already paid out to him, unlawful.

Molefe also stated that the court erred in ruling that he had resigned, and that Eskom admitted under oath that his departure from the power utility was "pursuant and linked to the early retirement agreement concluded with Eskom".

Molefe also stated that Public Enterprises Minister Lynne Brown's first affidavit showed she had understood that he had not resigned "unilaterally".

"The minister's attempt to change her evidence in her subsequent affidavit must be regarded as opportunistic and unconvincing, and should not be accepted by the court," he said. 

After the judgment, Solidarity said it believed Molefe could also face possible criminal charges. The union's chief executive Dirk Hermann told Fin24 its next step would be to pursue criminal charges against Molefe.


* Sign up to Fin24's top news in your inbox: SUBSCRIBE TO FIN24 NEWSLETTER

We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For only R75 per month, you have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today.
Subscribe to News24
ZAR/USD
16.11
(+0.41)
ZAR/GBP
21.01
(+0.35)
ZAR/EUR
19.06
(+0.38)
ZAR/AUD
11.49
(+0.29)
ZAR/JPY
0.15
(+0.36)
Gold
1903.27
(+0.07)
Silver
24.40
(+0.64)
Platinum
880.00
(+1.15)
Brent Crude
40.81
(-3.00)
Palladium
2354.49
(+0.40)
All Share
54621.17
(-0.49)
Top 40
50063.12
(-0.45)
Financial 15
10682.22
(+0.35)
Industrial 25
75019.51
(+0.76)
Resource 10
50875.64
(-2.34)
All JSE data delayed by at least 15 minutes morningstar logo
Company Snapshot
Voting Booth
Please select an option Oops! Something went wrong, please try again later.
Results
Yes, and I've gotten it.
23% - 86 votes
No, I did not.
52% - 192 votes
My landlord refused
25% - 94 votes
Vote