After a while in court Brian Molefe appears to be on the losing side, as he will now have to pay back the huge pension millions which he got from Eskom.
The Constitutional Court has dismissed former Eskom CEO Brian Molefe’s leave to appeal against the high court decision which ruled that he must pay back part of the R30m pension he received from the power utility.
This after the Pretoria High Court found in January 2018 that he had “enriched” himself unlawfully from the Eskom Pension Fund, labour union Solidarity said in a statement on Wednesday.
In an order dated July 29, the apex court stated that Molefe’s 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”.
The Pretoria High Court and the Supreme Court of Appeal had both previously ruled that Molefe was unlawfully awarded an early retirement pension benefit after his resignation from the power utility in 2016.
The former Eskom CEO then petitioned the Constitutional Court in June 2019 for leave to appeal the rulings of the lower courts.
In its January 2018 ruling, the Pretoria High Court ordered Molefe to pay back about R11m of the R30m he had received from the power utility as a pension payout. Due to Molefe’s numerous appeals, he has not yet had to pay back the money.
Solidarity said in Wednesday that it will “immediately institute action to collect the cost order and to ensure that the R10 million Molefe had “plundered from the Eskom Pension Fund is paid back”.