This week marked four years since a court ordered Brian Molefe to repay millions he unlawfully received from the Eskom Pension and Provident Fund.
On 25 January 2018, Judge Elias Matojane delivered a brief but scathing judgment in the North Gauteng High Court against former Eskom CEO Brian Molefe. Two years earlier, Molefe had resigned from Eskom after former Public Protector Thuli Madonsela exposed his close ties to the Gupta family in her State of Capture report.
Molefe was granted early retirement and Eskom had committed to paying the early retirement penalties and purchasing the additional years of service on Molefe’s five-year contract, which came to R30.1-million after only 16 months of service.
Molefe claimed that Eskom had mistakenly approved his early retirement in 2016 when he wasn’t eligible (he was 50 and early retirement can only be approved at 55) and that he should be allowed to return to work at Eskom.
The court, however, declared that Molefe’s reinstatement at Eskom was invalid and said the early retirement package was “patently unlawful”. It ordered Molefe to repay the Eskom Pension and Provident Fund (EPPF) the money he’d already received, which at the time was reported to be an estimated R11-million.
Molefe appealed in the Supreme Court of Appeal and Constitutional Court. Both applications were dismissed. But four years since Matojane’s judgment, Molefe still hasn’t repaid the EPPF a cent.