Brian Molefe ‘vindicated’ after Corruption Watch withdraws case

The lawyer of former Transnet and Eskom CEO Brian Molefe says he feels vindicated after Corruption Watch withdrew a court application that he be declared a delinquent director. 

In 2018 the nonprofit organisation launched the application in which it asked the Pretoria high court to declare that Molefe acted in a manner that amounted to gross negligence in the performance of his duties at Eskom.

Corruption Watch also asked the court to declare that the declaration of delinquency against Molefe — and former Eskom board directors Mark Parmensky, Anoj Singh, Venete Klein and Zethembe Khoza — subsist for seven years in respect of public and private companies. 

In a notice dated June 7, Corruption Watch withdrew the application against Molefe by agreement between the parties; each party will bear their own costs. 

Commenting on the withdrawal on Monday, Molefe’s attorney, Mpho Molefe of Molaba Attorneys, said his client was vindicated by the withdrawal of the application.

The lawyer said Molefe suffered enormous damages economically and professionally, and the baseless and defamatory statements against him had damaged his reputation.

The lawyer said Corruption Watch did not give reasons for its withdrawal. 

“He feels vindicated. If Corruption Watch believed in the merits of their matter, they would not have withdrawn,” the lawyer said. 

He said Corruption Watch’s founding and replying papers had shocked the former Eskom CEO’s legal. “They relied on media reports or social media. Most of it was based on that,” he said.

The lawyer said the legal team was considering various options after the withdrawal. 

“We will most probably advise him to institute action against some of the people who made statements against him. We might go against them. We are considering action against Eskom. It kept quiet instead of putting the record straight. They decided to fold their arms.” 

When approached for comment on Monday, Corruption Watch said it would issue a statement later. However, Corruption Watch executive director Karam Singh director told Business Report on Saturday that the organisation would explain there were challenges sustaining the application against Brian Molefe based on the way it was formulated since it was drafted before the Zondo commission’s report.

Singh said the withdrawal did not mean Molefe was exonerated because the Zondo commission recommended further investigations around his conduct as Eskom CEO.

Despite the withdrawal of the application by Corruption Watch, Molefe and other former Transnet executives face charges of contravening the Public Finance Management Act, fraud and corruption. The charges stem from the locomotives transaction advisory tender awarded to the McKinsey-led consortium in 2012, resulting in the procurement of 1,064 locomotives valued at more than R54bn. 

In May the Johannesburg high court postponed the case until October 11 for a trial date.

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