Eskom’s Pension and Provident Fund has challenged a full Bench ruling by the High Court, which it says leads to ‘absurd outcomes’ in the ongoing battle over Brian Molefe’s pension payout refund.

Daily Maverick reports that the fund has now appealed to the Constitutional Court, contending that both the High Court and the SCA ignored key factual and legal arguments when mandating oral evidence to decide his repayment amount.

Molefe, on the other hand, contends that oral testimony is necessary to clear up the confusion caused by the fund’s constantly shifting claims.

The pension payout dispute goes back almost a decade. After serving as Transnet CEO, Molefe was appointed as CEO of Eskom in October 2015 and given a five-year contract.

However, he resigned in November 2016 after being implicated in state capture by the then Public Protector, Thuli Madonsela.

DM notes that papers submitted to the Constitutional Court highlight an ongoing dispute over the precise sum Molefe must return.

According to Jeshurun Johaar, an attorney at Deneys representing Eskom’s pension fund, the issue arose in August 2019 following the court ruling in favour of the DA, when the fund issued a formal letter of demand to Molefe.

In response, Molefe disputed the figure, requesting a detailed breakdown of contributions made by Eskom as well as the exact payout from the Transnet Retirement Fund on his behalf.

He argued that his liability should be calculated by offsetting these combined amounts against the R9.9m demanded – a formula that would reduce his total repayment by R2m.

However, Johaar’s affidavit rejects this argument, contending that Molefe cannot offset any funds because he was never legally eligible to participate in Eskom’s pension scheme in the first place.

Full Daily Maverick report