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.
The high court and the Supreme Court of Appeal (SCA) both ruled that the money Molefe had received should be paid back.In January 2018, a three-judge bench found that Molefe’s announcement that he had resigned from Eskom was false, and he was not entitled to the pension money as the pension scheme was unlawful.
Trade union Solidarity then laid criminal charges against Molefe relating to the high court’s ruling. The trade union also asked the Hawks to investigate Eskom’s management hierarchy because it allegedly failed in its duty to disclose unlawful activities.
The money was paid to Molefe in November 2016 after he resigned as Eskom CEO, following then public protector Thuli Madonsela’s ‘State of Capture’ report in which he was implicated as having played a part in corrupt activities at the parastatal.
However, the news of the alleged massive payout only emerged after his reappointment in May 2017.
He allegedly received R10 327 074.53 from the Eskom Pension and Provident Fund (EPPF). Therefore, Eskom paid millions to Molefe to make sure he retired with full benefits as if he was employed until retirement age. However, Molefe was 50 years old at the time and had only been employed by Eskom for 11 months.