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FULL JUDGMENT: Molefe ordered to pay back pension millions

FULL JUDGMENT: Molefe ordered to pay back pension millions

Former Eskom CEO, Brian Molefe, has been ordered to pay back the R11-million pension payout he received from Eskom.

Farber says he can not yet confirm if Molefe's Labour Court matter will go ahead.

"There were unlawful representations made to the pension fund, that Mr Molefe is a full time employee and therefore is eligible for a pension pay out".

"This ruling is not the end of Molefe's worries", the DA's James Selfe said in a statement, responding to the judgement. "The scheme was started soon after Mr Molefe's permanent employment and was deployed after he had publicly stated that he was voluntarily leaving Eskom's employ".

Further, the DA welcomes the Court's findings that the pension agreement between Eskom and Molefe was invalid; Eskom's decision to grant Molefe a pension be set aside; that Molefe did indeed resign; that his reinstatement be set aside; and that Molefe was not entitled to a pension.

It was later discovered that on the same day, he submitted a request for early retirement.

He spent a brief stint as an MP before Public Enterprises Minister Lynne Brown past year reinstated him, but Eskom finally dismissed him a month later. "The unlawful pension award granted to Molefe conforms to the classic definition of corruption", Hermann said.

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It also asked the fund to grant Molefe years of extra service.

Molefe and other Eskom executives were grilled in Parliament, at the inquiry into state capture at Eskom, about Molefe's pension bonanza.

The court said the minister acted irrationally when she reinstated Molefe in order to recoup the unlawfully attained pension benefit.

Hermann said there was enough evidence of fraud and that the National Prosecuting Authority admitted in court that the Hawks were investigating the matter.

The union would hold the the DPP to its word, he said, adding that that Solidarity meant to make representations within two weeks on the grounds for criminal prosecution of Molefe.

Molefe was also ordered to pay the costs of trade union Solidarity.


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