Brian Molefe. Picture: ALON SKUY
Brian Molefe. Picture: ALON SKUY

Disgraced former Eskom CEO Brian Molefe has launched an appeal against the judgment by the High Court in Pretoria, which has ordered him to pay back close to R11m paid to him as part of his early retirement package.

The damning judgment handed down last Thursday by the full bench of the court said that the early retirement agreement that allowed Eskom to extend the benefits to Molefe was unlawful and had to be set it aside.

The deal guaranteed Molefe a R30.1m pension fund benefits.

Molefe has now argued that the full bench was wrong to find that he was not entitled to be a member of Eskom pension and provident fund, as his original contract of employment, "unlimited in duration, included as a term of the contract that he would be a member of the pension and provident fund".

In his appeal papers, Molefe said that the court "erred" in its findings, including that his resignation from Eskom in 2016 was not linked to the agreement.

The court ruled that Molefe and Eskom had conspired to afford him the early retirement benefits soon after he was employed permanently at Eskom, and the scheme was put into effect after he resigned.

He also disputes that he truly resigned from Eskom as the court found, saying evidence cited in support, such as the fact that Eskom and the Public Enterprises Minister Lynne Brown had accepted his resignation was incorrect.

His lawyers argued that Brown’s first affidavit submitted in the matter — that Molefe had not unilaterally resigned from Eskom — was valid and that she should not have been allowed to change her stance.

"The minister’s attempts to change her evidence in her subsequent affidavit must be regarded as opportunistic and unconvincing, and should not have been accepted by the court," the appeal papers read.