Brian Molefe. Picture: TREVOR SAMSON
Brian Molefe. Picture: TREVOR SAMSON

The High Court in Pretoria is on Tuesday expected to hear arguments in the appeal application brought by disgraced former Eskom CEO Brian Molefe.

Molefe wants the court to overturn a January ruling by the full bench of the court that ordered him to repay R11m in pension payments, which had been unlawfully paid to him by the Eskom Pension Fund.

The court described the R30m early-retirement deal entered into by Eskom and Molefe as a "deliberate scheme" concocted after he resigned from Eskom in 2016 as he was never entitled to the benefits after he had been in Eskom’s employ for only 18 months.

Molefe will also be challenging a ruling that he had indeed resigned and his initial reinstatement was unlawful, as part of his appeal was to seek reinstatement to his old position at the power utility.

Despite resigning from Eskom in the "interest of the good corporate governance" in 2016 in the wake of former public protector Thuli Madonsela’s damning State of Capture report, Molefe disputes that.

Trade union Solidarity vows to oppose the appeal, stating on Monday that the application was "merely Molefe’s attempt to postpone the inevitable".

If his appeal is unsuccessful, Molefe will be liable to pay the R11m as per the earlier court order and will also have to pay Solidarity’s legal costs as per the January ruling. He was given 10 days to pay back the R11m.

The union has maintained that Molefe was buying time until he was forced to pay.

Molefe has also argued that the full bench was wrong to find that he was not entitled to be a member of the 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".