Dear Member

In line with our commitment to updating you about proceedings in the court matter involving Mr Brian Molefe, here’s the latest information.

This legal matter dates back to the 2022-23 financial year about the Pretoria High Court’s ruling that Mr Molefe has to refund the money paid to him by EPPF and to bear related legal costs. Mr Molefe was admitted as a member of EPPF in September 2015, on information submitted by Eskom, and was paid out by the Fund when he retired early. The High Court later ruled that Mr Molefe had been ineligible to receive a pension from EPPF because he had been a temporary or fixed-term employee. The court directed him to refund the benefit paid to him.

Mr Molefe’s subsequent appeals in the Supreme Court of Appeal and the Constitutional Court were unsuccessful. EPPF then applied for a High Court order directing him to repay the Fund. The court confirmed this obligation and awarded legal costs against him. It also ruled that EPPF must repay Eskom the money received from the utility to fund Mr Molefe’s early retirement. EPPF has

complied with this ruling.

In February 2025, Mr Molefe appealed the Pretoria High Court’s decision about the amount that he needed to repay EPPF. While the court granted his appeal on 11 July 2025, it is unequivocal in saying that Mr Molefe is indebted to EPPF. The court, in confirming Mr Molefe's indebtedness, has now referred the matter to another judge for EPPF’s legal team and Mr Molefe’s legal team to present evidence on the amount that he must repay the Fund.  EPPF is in the process of studying the judgment and will make a decision on whether to appeal within the timeframe allocated by the court. 

We’ll update you on this matter when there are further developments. 

Kind regards

The EPPF team