Utility heads to court as Molefe fails to pay
The Eskom Pension and Provident Fund (EPPF) has confirmed that it had received no payment by Thursday's due date from former Eskom CEO Brian Molefe for the more than R10m he was paid by the fund.
This means Molefe has missed the deadline determined by the courts to return the money, which was found to have been paid to him unlawfully, says a Fin24 report.
In January 2018, the Gauteng High Court (Pretoria) ruled that the payout, facilitated by an early retirement agreement with the board, was unlawful and should be set aside. Molefe was directed to pay the money back to the EPPF within 10 days.
This was deferred, however, when Molefe launched various appeals against the ruling.
Three courts – the High Court, SCA and Constitutional Court – all ruled against him.
On Friday afternoon, the EPPF reportedly told Fin24 no payment had been received from Molefe the previous day and that they would be taking further action ‘promptly’.
‘The fund confirms that as at today, 23 August 2019, no payment has been received from Mr. Molefe. We have instructed our lawyers to promptly institute court proceedings to ensure that Mr Molefe repays the monies as directed by the high court,’ the statement said.
Molefe, however, managed to pay R100 000 into trade union Solidarity's bank account – but this is only a fraction of the R708 000 he owes for a costs order made against him in the pension matter. TimesLIVE notes Solidarity said on Friday it would continue efforts to attach property belonging to Molefe.
The costs order was obtained in the High Court, where Solidarity challenged Molefe's R30m pension payout.
'Mr Molefe paid R100 000 into our bank account, so there is still approximately R608 000 outstanding. We have given urgent instructions to the sheriff to proceed with the warrant of execution,' Solidarity's head of legal services, Anton van der Bijl, said.
A week earlier Molefe wrote to Solidarity asking for 30 days to repay the costs, but the union refused and gave him a week.
Solidarity is being helped by lobby group AfriForum's private prosecution unit, headed by Gerrie Nel, in a bid to hold Molefe criminally responsible for his pension payout.
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