Dear Member

As part of keeping you informed about matters that are relevant to the Fund, we have an update for you on Mr Brian Molefe’s court appeal. The matter will be back in court tomorrow (12 February 2025) and we’ll update you as soon as there’s an outcome.

The former Eskom CEO was admitted as a member of the Fund in September 2015 on information submitted by his employer and was paid out by us when he retired early. The Pretoria High Court ruled that Mr Molefe had been ineligible to receive a pension from the Fund because he was a temporary or fixed-term employee. The court directed him to refund the benefit paid to him. 

Since then there has been ongoing litigation to recover the benefit that was unduly paid to him. We successfully applied for a court order to enforce Mr Molefe’s repayment of benefits and the payment of legal costs. Mr Molefe appealed the judgment and in March 2024, the Supreme Court of Appeal granted him leave to appeal this judgment before a full bench of the Pretoria High Court. The appeal will be heard tomorrow and we will be opposing it.

Kind regards
The EPPF Team