Courtroom drama as parties press to dismiss Molefe's pension application
Arnold Subel says Brian Molefe never resigned from Eskom and so was never reinstated, and it was Lynne Brown who used the word ‘resigned’
Whether Brian Molefe resigned from Eskom or retired early is immaterial as his contract of employment was never validly terminated by the power utility. This is according to Molefe’s legal counsel who pleaded with the High Court in Pretoria to dismiss an application by the DA and Solidarity that he should repay a portion of the R30.1m paid to him as an early retirement pension benefit. Lawyers representing trade union Solidarity‚ the DA and Public Enterprises Minister Lynne Brown were unanimous in their dismissal of Molefe’s submission, appealing to the court to declare the pension payout unlawful. Molefe has admitted he was not eligible for the payout as the company’s board and its pension fund had been mistaken about whether its rules could be relaxed to accommodate his early retirement claim. The three judges presiding over the matter queried how it was possible for Molefe, with his extensive corporate experience, to be mistaken about such matters. “Sometimes fact is stranger tha...
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