JOHANNESBURG, January 31 – The former CEO state power utility Eskom, Brian Molefe, is seeking leave to appeal a high court order compelling him to repay a pension payout it said he was not legally entitled to, online publication fin24 reported on Wednedsay.
The high court ruled on January 25 that Molefe must pay back within 10 days, the R11 million he had already received as part of a R30 million pension payout.
Fin24 said Molefe had filed papers on Wednesday asking the Supreme Court of Appeal for leave to contest the high court judgement, which he argued had erred in ruling that he resigned from Eskom.
A copy of Molefe’s court papers was not immediately available.
Molefe left Eskom under a dark cloud after being implicated in a damning “state capture” report by former Public Protector Thuli Madonsela alleging undue influence by personal friends of President Jacob Zuma in the running of state firms.
In its ruling last week, the high court found that Molefe’s subsequent reinstatement at the power company “is at variance with the principle of legality and is invalid and false”.
“We also found that Mr Molefe was never entitled to receive any pension benefits from the Eskom pension fund, and any payments made in lieu of such benefits were patently unlawful,” it added.