As promised, here is an update on the Brian Molefe pension matter. The latest is that the EPPF has been notified by its attorneys that Mr Brian Molefe has filed a notice of application for leave to appeal the recent decision of the High Court of South Africa (Gauteng Division, Pretoria). The Fund will be opposing the matter.
In its ruling on 4 July 2022, the High Court directed that Mr Molefe must pay back benefits that were unlawfully received from the Fund. This was a result of the EPPF taking legal action against Mr Molefe to compel him to pay back the money in line with the original court judgment from 2018. Mr Molefe resisted making payment by unsuccessfully appealing the 2018 judgment up to the Constitutional Court in 2019.
As part of the application, the EPPF had also asked the High Court to determine the amount of money Mr Molefe needed to repay considering his own contributions to the Fund while he was an employee of Eskom, his accumulated retirement savings transferred to the EPPF from his previous employer, as well as the related tax implications and applicable interest.
In terms of the recent judgment, Mr Molefe was directed to pay back amounts received by him, plus interest and legal costs. It is this order that he is now seeking to set aside. “The EPPF believes there are no merits to Mr Molefe’s appeal, and it is an attempt to delay the implementation of the court order,” explains the Fund’s Chief Executive and Principal Officer Shafeeq Abrahams.
Eskom Pension and Provident Fund