City Press reports that former Eskom chief executive Brian Molefe, who received an irregular pension benefit amounting to R30 million, is heading to the Constitutional Court (ConCourt) in a bid to keep the money.  

A high court and the Supreme Court of Appeal both ruled that the money he received should be paid back, but Molefe is now set to take the matter to the highest court in the land, arguing that, among other things, he did not have a fair hearing.  In April last year, the Pretoria High Court ruled that Molefe had to pay back the money within 10 days on the grounds that the pension agreement with Eskom was unlawful.  The high court found that Molefe was too young to go on early retirement in terms of the fund’s rules.  In April this year, Molefe’s application for leave to appeal at the Supreme Court of Appeal was dismissed by the high court on the grounds of it not having a reasonable prospect of success.  The Democratic Alliance (DA) and trade union Solidarity are opposing the latest application.  In his court papers, Molefe said he did not have a fair hearing because the high court “blindly accepted” the DA’s submission and ignored his and Eskom’s arguments.  He also argued that the high court had relied on incorrect clauses with regard to various documents and contradicted itself on several occasions.  

• Read the full original of Antoinette Slabbert’s report on this story at City Press

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