Disgraced former Eskom CEO Brian Molefe has lost his third appeal against an order forcing him to repay R11m in pension payments unlawfully paid to him by the power utility’s pension fund, notes Business Day.

In 2018, Molefe approached the SCA in a bid to overturn the ruling ordering him to repay the money. In October, the court dismissed his application with costs.

Following this Molefe lodged a special appeal with the Judge President of the SCA. Trade union Solidarity, one of the respondents in the matter, said the court had dismissed this review application.

In the SCA judgment, dated 17 April, the court ordered that the application be dismissed because there was ‘no exceptional circumstances warranting reconsideration or variation of the decision refusing the application for leave to appeal have been established’.

Business Day notes that in April 2018, the Gauteng High Court (Pretoria) dismissed Molefe’s application for leave to appeal against a ruling that he pay back part of his ‘unlawful’ pension payout and the costs for counsel in the legal battle. The court found he was unlawfully awarded a R30m early retirement pension benefit by the Eskom Pension and Provident Fund after his resignation from Eskom in 2016.

It also dismissed his application to be reinstated as CEO of Eskom, from which he claimed he had never resigned as the agreement that necessitated his departure from Eskom was dependent on his eligibility for early retirement.

Full Business Day report

Molefe’s review application was dismissed with a punitive costs order, according to Solidarity’s deputy secretary general for the energy industry, Deon Reyneke, in a Fin24 report.

Claiming the fact that Molefe’s applications to appeal had failed every time was proof that he had no chance of success, Reyneke is quoted as saying: ‘Molefe is painting himself into a corner in an attempt to circumvent the law, and one can only hide behind court processes for so long.’

Molefe's lawyer, Barry Farber, reportedly declined to comment.

Full Fin24 report