Dear Member

As promised, here is an update for you on the matter of Mr Brian Molefe’s court appeal. Judgment has been reserved in the case that was before a full bench of the Pretoria High Court earlier today (12 February 2025).

Mr Molefe had sought leave to appeal an earlier court ruling. We have opposed the appeal. Over the past few months, we have updated you about how litigation continued through the 2022-23 financial year about the obligation of the former Eskom CEO to refund the money paid to him by us and to bear related legal costs. The context to the matter is that Mr Molefe was admitted as a member of EPPF in September 2015, on information submitted by his employer, and was paid out by us 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. We then applied for a High Court order directing him to repay us. The court confirmed this obligation and awarded legal costs against him. It also ruled that we must repay Eskom the money we’d received from the utility to fund Mr Molefe’s early retirement. We have 

complied with this ruling. 

Following today’s proceedings, we are awaiting the court’s judgment and will update you accordingly.

Kind regards

The EPPF team