Molefe runs out of options on R11m pension payback
Former Eskom CEO Brian Molefe has reached the end of the road in his fight to retain his full Eskom pension. He will now have to cough up about R11m in pension payments, after the Constitutional Court dismissed his application for leave to appeal an order that he repay the money.
This comes as Molefe is also facing an almost R80m lawsuit from Transnet, which is trying to recover money lost through dubious dealings and malfeasance connected to state capture, says a Business Day report.
Molefe has now lost four appeals in a bid not pay back the pension payments, which were unlawfully paid to him by Eskom’s pension fund.
In 2018 Molefe approached the SCA in a bid to overturn a Gauteng High Court (Pretoria) ruling ordering him to repay the money. In October, the court dismissed his application with costs. He then lodged a special appeal with the Judge President of the SCA, which in April 2019 was also dismissed.
The Constitutional Court, in its order dated 29 July, said the application for leave to appeal should be dismissed as it ‘does not engage this court’s jurisdiction, and in any event bears no reasonable prospects of success’.
It was dismissed with costs.
Solidarity plans to immediately institute action to collect the cost order due to the union and to ensure that the millions Molefe got from the Eskom Pension Fund are repaid. TimesLIVE notes the union launched separate High Court actions against Molefe and Eskom Holdings against the payout.
Solidarity's application was consolidated with applications by the DA and the EFF. ‘We are delighted with the ruling. One can only hide in the courts up to a certain point, but the law always prevails,’ said Solidarity CEO Dirk Hermann.
© Juta and Company (Pty) Ltd 2016
Article disclaimer: Juta expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this article without notice. Accordingly, any information, including journalistic articles, are not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or services. Before making any decision or taking any action based on the information contained in this article, which decision or action might affect your personal finances or business, you should consult a qualified professional advisor.