Brian Molefe takes R11m pension payout fight to Supreme Court of Appeal

Former Eskom CEO Brian Molefe has approached the Supreme Court of Appeal (SCA) in Bloemfontein in a bid to overturn a ruling that ordered him to repay R11-million he received from the power utility.

In April‚ the High Court in Pretoria dismissed Molefe’s application for leave to appeal against the January 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 R30-million 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‚ which claimed he had never resigned from the company as the agreement that necessitated his departure from Eskom was dependent on his eligibility for early retirement.

Molefe’s fight-back plan includes a challenge to the constitution of the High Court in Pretoria that heard his application for leave to appeal.

In his notice of application to the SCA‚ he said the order should be set aside because the court that heard and dismissed his application for leave to appeal was not properly constituted.

- Business Day