The Johannesburg high-court has ordered former Eskom CEO, Brian Molefe, to pay back R11 million of the pension pay-out made to him, within 10 days.
This comes after finding that Molefe had indeed resigned as the power utility’s CEO, making the pension, making the pension pay-out unlawful.
Last year organisations including Trade union Solidarity and the Democratic Alliance (DA), approached the High Court last year seeking an order to declare that Molefe’s pension payout of R30 million as unlawful.
Molefe left Eskom in late 2016 after the then Public Protector Thuli Madonsela implicated him in suspicious dealings between The utility and the controversial Gupta family.
Molefe briefly returned as CEO of Eskom on May 15 2017 after the scandal around his pension emerged, but was removed again two weeks later when Public Enterprises Minister Lynne Brown ordered the board to reverse his reinstatement.
Molefe later challenged this decision when he filed Labour Court papers against the board and Brown.
Political parties and Solidarity then filed a consolidated court application to challenge Eskom’s decisions to reappoint Molefe as CEO, as well as the approval of his R30m pension pay-out.
Public Enterprises Minister Lynne Brown also filed explanatory affidavits last year, but she did not challenge the relief sought by the applicants.
In the affidavit Brown said that a letter from former Eskom chairperson Dr Ben Ngubane, regarding Molefe’s retirement package, never reached her.