Former Eskom boss Brian Molefe is taking his R30m pension benefit battle to the Constitutional Court, according to Rapport.

Molefe says in his appeal application that he was mistreated by the judges of the Gauteng High Court (Pretoria) ‘who blindly believed everything argued by political parties and ignored everything (he) and Eskom said’.

Molefe argues that the judges not only made several mistakes in the judgment, but specifically erred in finding that he colluded in some way with Eskom to receive the early retirement benefit.

In April, the SCA dismissed his application for leave to appeal the High Court order of last year that he should repay the money he received as part of his ‘early retirement’ from Eskom after 15 months of service.

Neither Eskom nor the Eskom Pension and Provident Fund (EPPF) will oppose the Constitutional Court challenge, according to the report, choosing instead to abide by the court’s decision.

The DA and Solidarity are opposing the appeal.

The EPPF says it may later approach the court for clarity on several practical aspects of the matter.

Rapport reported previously that the web of payments complicates the calculations of benefits to be repaid.

On the one hand, Eskom paid an early exit penalty to the EPPF on behalf of Molefe while the EPPF paid out a lump sum and a monthly pension of some R111 000 based not only on Eskom’s early exit penalty, but also on Molefe’s contributions to the fund and an accumulated benefit of some R4m transferred from a Transnet pension fund to the EPPF.

Full report in Rapport (subscription needed)